Council Report MCU22 0048

mcu22/0048 & OPW22/0089 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE FOR COMMERCIAL LANDING and OPERATIONAL WORKS FOR PRESCRIBED TIDAL WORKS, SITUATED AT 222 GYMPIE TERRACE NOOSAVILLE
Author	Development Planner, Lisa Pienaar
Environment and Sustainable Development

Index	ECM/ Application/MCU22/0048 & OPW22/0089

Attachments	1.	Proposal Plans
2.	Seabed Lease
3. 	SARA approval

APPLICATION DETAILS
Applicant	Noosa River Enterprises Pty Ltd
Proposal	Material Change of Use - Landing - Commercial
Properly Made Date	28 March 2022
Information Request Date	21 April 2022
Information Response Date	1 July 2022
Decision Due Date	17 November 2022
Number of Submissions	2
PROPERTY DETAILS
Property Address	‘Jetty’ 222 Gympie Terrace Noosaville Qld 4566
RP Description	Lot 160 CP 908649
Land Area	1658 m²
Existing Use of Land	Commercial jetty and Landing – O Boat Hire
STATUTORY DETAILS
SEQRP Designation	Regional Landscape and Rural Production Area
Zone	Recreation and Open Space
Precinct	Not applicable
Local Plan Area	Noosaville
Overlays	Sea Level Rise HAT (permanent) inundation 2040-2100
Assessment Type	Impact
executive summary
The proposal is for an upgrade of existing infrastructure at O Boat Hire lease area at 222 Gympie Terrace Noosaville. The applicant proposes the upgrade to enable more efficient mooring of existing vessels within the existing and approved lease area. The upgrade will include an extension of the length of the jetty head (from 28.8 to 43 metres) which is a series of pontoons. Additional pontoon fingers are also proposed.
The proposed infrastructure will result in additional site cover within the lease area due to a net increase in pontoons, which although is contrary to Performance outcome PO22 of the Waterways Works Code, it is considered to comply with the Overall outcomes. The additional site cover is also contrary to the AO16.1 (b) of the Recreation and Open Space zone code which requires a maximum of 10% but is considered to comply with corresponding Performance outcome PO16 of the code.
There is potential for the scale and intensity of the operations to increase due to more efficient mooring capabilities which is contrary to PO22 (d) of the Noosaville Local Plan Code and PO2 (b) of the Waterways Works Code.  While the applicant indicates a maximum number of vessels to be 31, the applicant has indicated that business operations and demand may impact on vessels numbers at some stage.  A condition is recommended to ensure there is no net increase of vessels on site/lease area which ensures that the scale and intensity of the use will not increase and thus comply with Noosa Plan.
The proposal is recommended for approval with reasonable and relevant conditions included.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0048 & OPW22/0089 Development Permit for Material Change of Use - Landing - Commercial & Operational Works for Prescribed Tidal Works situated at 222 Gympie Terrace Noosaville and:
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
34680-01	0	Cover Page, prepared by The Jetty Specialist	14/09/2021
34680-02	0	Existing Structures Plan, prepared by The Jetty Specialist	14/09/2021
34680-03	0	Existing Structures Plan, prepared by The Jetty Specialist	14/09/2021
34680-04	0	New Site Plan, prepared by The Jetty Specialist	14/09/2021
34680-05	0	Vessel Mooring Site Plan, prepared by The Jetty Specialist	14/09/2021
34680-06	0	Pontoon Layout Details, prepared by The Jetty Specialist	14/09/2021
34680-07	0	Elevations, prepared by The Jetty Specialist	14/09/2021
34680-08	0	Pile Setout, prepared by The Jetty Specialist	14/09/2021
34680-P1B-1	0	Pontoon P1B, Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P1B-2	0	Pontoon P1B, Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P2A-1	0	Pontoon P2A & P1A, Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P2A-2	0	Pontoon P2A – 2 Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P2B-1	0	Pontoon P2B Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P2B-2	0	Pontoon P2B – 2 Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3A-1	0	Pontoon P3A-1 Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3A-2	0	Pontoon P3A Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3B-1	0	Pontoon P3B-1 Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3B-2	0	Pontoon P3B Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3C-1	0	Pontoon P3C Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3C-2	0	Pontoon P3C Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3D-1	0	Pontoon P3D Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3D-2	0	Pontoon P3D Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3E-1	0	Pontoon P3E Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3D-2	0	Pontoon P3A Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-B1-1	0	Pile Bracket B1 General Arrangement, prepared by The Jetty Specialist	2/11/2021
34680-B1-2	0	Pile Bracket B1 Corner Bracket, prepared by The Jetty Specialist	2/11/2021
34680-B1-3	0	Pile Bracket B1 Corner Bracket 2, prepared by The Jetty Specialist	2/11/2021
34680-B1-4	0	Pile Bracket B1 6mm Chequer Plate, prepared by The Jetty Specialist	2/11/2021
34680-B2-1	0	Inboard Pile Bracket B2 General Arrangement, prepared by The Jetty Specialist	2/11/2021
34680-B2-2	0	Inboard Pile Bracket B2 Exposed Bracket, prepared by The Jetty Specialist	2/11/2021
34680-B2-3	0	Inboard Pile Bracket B2 UA Bracket, prepared by The Jetty Specialist	2/11/2021
34680-SJ-3	0	Starter Jetty Platform 2, prepared by The Jetty Specialist	2/11/2021
34680-SJ-1	0	Starter Jetty Headstock, prepared by The Jetty Specialist	2/11/2021
34680-SJ-2	0	Starter Jetty Platform 1, prepared by The Jetty Specialist	2/11/2021
34680-GW-1	0	4m Gangway 1 Construction Detail, prepared by The Jetty Specialist	2/11/2021
Currency
This approval lapses where the construction of the jetty extension and pontoons have not commenced within 17 November 2028, unless application is made and approved by Council for an extension.
Nature and extent of Use
All vessels, kayaks and SUPs for hire and all equipment associated with the marine use of the facility must wholly moored/stored within the approved lease area, with a maximum of 31 vessels at any one time.
All structures must be constructed wholly within the approved commercial lease area as per the approved plans.
All commercial activities including, the loading and unloading of passengers and boat docking is confined to the commercial lease areas of the respective commercial operation.
Structures
All structures must use materials, natural finishes and colours that blend with the surrounding natural landscape.
Structures must be designed and constructed such that they are free standing within the waterway and are not connected to or behind the revetment wall or rock wall.
Structures must be designed and constructed such that they do not place additional vertical or lateral loads onto the existing revetment wall that may compromise the long term stability and/or durability of the wall.  Upon completion of works, a certification by RPEQ must be provided to Council in this regard.
All structures must have no detrimental effects on stormwater drains and/or easements.
No boatlifting devices are to be attached or moored at the structures for the purpose of elevating a vessel above the water without Council approval.
The jetty and deck areas must be constructed in a manner to render the underside area vermin proof.
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall unless all switches and power outlets are positioned above the 1% AEP flood level.
Lighting associated with the use must be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
Wastewater and sullage must only be disposed of at approved pump out facilities.
The mooring facility must not be utilised for live-aboard purposes.
Any construction and post construction activity must not to impact on the condition of the waterway and is to be conducted so as not to breach the Environmental Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
Certification by a Registered Professional Engineer of Queensland that states that the jetty extension and pontoons are constructed in accordance with best practice methods and are structurally sound must be submitted to Council. This certification must be submitted to Council within three (3) months of the completion of the works.  A final inspection and approval of the structure by Council’s Inspector is also required.  Please contact Council’s Planning Assessment Section to arrange the inspection.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans.
All necessary State government approvals relating to this development must be obtained prior to any works commencing on the site.
Environment
To ensure the safety of persons accessing the approved works and to prevent environmental harm, a safety audit of the on-site fuel storage tanks, bowsers and associate pipework, valves, vents and systems shall be conducted by a suitably qualified professional and submitted to Council for approval prior to the use of the new works (pontoon/jetty extensions). The audit shall demonstrate that the fuel systems are in a safe and serviceable condition or, where necessary, identify repair and rectification requirements to meet the relevant Australian Standards and industry best practice environmental management. Any repair works must be completed, with certification submitted by the auditor to Council, prior to the use of the new works (pontoon/jetty extensions).
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REASONS TO JUSTIFY THE DECISION DESPITE THE CONFLICT WITH THE PLANNING SCHEME:
Find the following matters relevant to the assessment and sufficient reason to approve the application:
Although there is a proposed net increase of pontoons which increases site cover within the lease area, the proposal:
will ensure the vessels are moored wholly within the existing lease area of the marine facility; and
maintains the character of the site as a marine facility which is compatible with surrounding marine activities.

REPORT
PROPOSAL
This application seeks approval for a Development Application for Material Change of Use for a Landing and associated Operational Works – Prescribed Tidal Works. The proposal seeks to modify the existing landing to facilitate safer access to, and use of, existing hire vessels owned by O Boat Hire. This consists of a new jetty head which is to be setback 3.5 metres from the boundary of the commercial lease area and additional pontoon fingers. The works are to occur within an existing commercial lease area approved by the Department of Resources as a ‘marine facility’. There is no change to the existing building located on site.
The applicant offers the following:
The existing jetty head/pontoon is approximately 28.8 in length. There are various uses for the existing jetty head/pontoon:-
a) Access to the fuel provisions for those vessels requiring fuel including the Council ferry;
b) Temporary berthing on the outside of the jetty head/pontoon for “hiring users” only. Currently staff take the hire vessel from its permanent mooring space to the forward face of the jetty/pontoon head to allow the user to gain access. This allows the users to board the hire vessel and be given the required safety briefings prior to departure. The hire vessel is then returned to the same location and the users disembark; and
c) Permanent mooring of the hire vessels on the inside of the jetty head/pontoon.
The new jetty/pontoon head proposal is approximately 14.3m longer and will allow:-
a) The same access to the fuel provisions for those vessels requiring fuel;
b) Improved temporary berthing on the outside of the pontoon to allow the users to embark, be given their safety briefings, return and disembark from the hire vessel. We note that the low profile of the pontoon will be more visually appealing as it remains close to water level at all stages of the tide as compared to the existing jetty head. In addition, the low pontoon profile increases the safety for staff and of the users embarking and disembarking from the hire vessels.
c) Improved ability for and access to the permanent mooring of the hire vessels on the inside of the new pontoon head. Again the lower profile of the pontoon as compared to the jetty will ensure a safer access for the business staff.
Refer Figures 1-6 below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Mooring Site Plan and existing and proposed pontoons (lease area in red)

Figure 4 – Sections

Figure 5 – Existing Structures Plan

site details
Background
The Marine facility was originally approved by Queensland Transport (Marine and Ports Division) in 1993
On 31 January 2012 an Operational Works application (OPW11/0301) was approved by Council for Prescribed Tidal Works - Extensions of Pontoons for Moorings. On 1 May 2014, Council approved an extension to the currency period until 31 January 2016. This approval was not acted upon and has since lapsed.
In 2017 Council resolved to take compliance action on commercial lease areas adjoining the Reserve for Recreation with Noosa Council as trustee. The subject site was one of the properties included in this compliance action.  Council was aware some commercial jetty leaseholders had encroached onto the reserve for recreation with a range of commercial activities including tables and chairs, signage, rental boats, kayaks, jet skis and the like. Council instructed all lease holders to ensure that all commercial activities and equipment remained within the commercial jetty lease area and any encroachment onto the adjacent reserve for recreation would cease. Review of historical aerial photography shows that boats have not been wholly moored within the lease area.
A pre-lodgement meeting was held with Council staff on 28 July 2021 (PLM21/0042) to discuss the redevelopment of the existing jetty/landing as per this proposal. The applicant was asked to demonstrate that all vessels could be wholly moored in the lease area and to provide details of type and numbers of boats. Advice was also provided that the Noosa Plan 2020 supports the continuation of marine facilities on the Noosa River but it does not support any increases in the overall scale and intensity of commercial operations in order to protect the river.
Site Description
The site is utilised by O Boats, a company specialising in the hire of vessels, kayaks and stand up paddle boards (SUP’s) from the site. A site office/shopfront, pontoons and jetty exist on site. A fuel bowser is situated at the jetty head. Refer Figure 6 – subject site.

Figure 6  - Subject site
Surrounding Land Uses
The site is located on Noosa River adjacent to and partly within Pelican Beach Park. The tennis courts are situated directly south of the site and Noosa North Shore is located on the opposite side of the river to the north. Immediately west (upstream) is a timber jetty adjacent to Peter Park along with a public boat ramp and pontoon facility. Directly east (downstream) is the Ely Park public jetty. This area of the Noosa River has a variety of commercial water-based operations.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the provisions are relevant to the development. The following Codes are most relevant to this proposal:
Noosaville Local Plan Code;
Recreation & Open Space Zone Code; and
Waterway Works Code.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Recreation and Open Space. The proposed use is identified as a consistent use with the zone and is required to follow a code assessable process for Operational Works (Prescribed Tidal Works) and an impact assessable application process for Material Change of Use for a Landing.
The pertinent issues arising out of the assessment are discussed below:
Noosaville Local Plan Area Code
The following Performance Outcomes of the Noosaville Local Plan Code are relevant to this proposal (no acceptable outcomes):
PO22
Commercial development on and adjacent to the Noosa River is designed to –
provide for uses for marine facility purposes including water transport and boat hire;
be compatible with the scenic values of the waterway;
provide a high level of amenity, including ensuring low ambient noise levels;
not increase the overall scale and intensity of commercial operations;
use materials, natural finishes and colours that blend with the surrounding natural landscape; and
reflect the character and setting of the waterfront locality (such as timber and tin construction with a traditional pitched roof design).
PO23
Commercial development on and adjacent to the Noosa River is not increased or expanded beyond existing building footprints and structures within existing lease areas.
PO24
The loading and unloading of passengers and boat docking is confined to the commercial lease areas of the respective commercial operation.
PO25
Parking of vehicles and boat trailers and the loading and unloading of goods or passengers does not impede on public open space in the vicinity of the river.
Assessment:
The existing use is a marine facility that specialises in boat hire, with an upgrade to the landing infrastructure proposed.
The applicant advises that 31 vessels will use the upgraded mooring facility. The vessels are all associated with the current hire business. There is no existing approval which limits the number of vessels that can moor at the facility. A review of aerial photography identifies the following number of moored vessels:
2016: 13 vessels moored within the lease area
2017: 22 vessels moored within the lease area
2018: 27 vessels (4 outside of lease area)
2019: 25 vessels (3 outside lease area)
April 2020: 3:20pm 30 vessels (4 outside lease area)
May 2021: 24 vessels (1 outside lease area)
September 2021 11.30am: 25 vessels (3 outside lease area)
November 2021 10:38am: 18 vessels moored within lease area
June 2022 11:53am: 22 vessels (5 outside lease area)
August 2022 10:20am: 22 vessels (3 outside lease area)
September 2022: 16 vessels (1 outside lease area)
Whilst it’s acknowledged that the aerial photography provides for a snapshot at a particular point in time it is noted that up to 30 vessels have been moored at the existing facility and that vessels are frequently located outside of the lease area. Based on the historical aerials the proposed mooring of 31 vessels is consistent with the existing use of the site.
The applicant advises that there is no immediate plan to increase the number of vessels beyond 31 vessels. However, the applicant indicated there may be a need to increase the number of vessels in the future. This may result in an increase in the overall scale and intensity of commercial operations which is contrary to PO22 d).
The applicant advises:
There also may be a time when the business owner wishes to change the type or size of vessels in the business eg replacing two barbeque boats with three round family cruise-type boats. This change does not mean that the use has intensified – merely diversified to new options available in boat hire and requests from the public. As long as the vessels are still moored within the boundaries of the seabed lease the use is compliant.
Based on the applicant’s advice, the business intends to diversify where necessary and this is not unique for any business. While it is acknowledged that an increase of 1 vessel on site may not be viewed as an increase in the intensity and scale of the use on site, an increase of vessel numbers due to customer demand over time may result an increase in the intensity and scale of the use on site. It is noted that there has been an issue with vessels situated outside of the lease area whilst the current proposal seeks to maximise the number of boats moored within the lease area. Therefore, it is considered appropriate to condition the number of boats based on existing business operations.
Therefore, for the proposal to comply with PO22 d) of the code, it is recommended to include a condition to limit the number of vessels of 31, which the applicant advises is the number of existing vessels on site. This will ensure that there is no scope for the scale and intensity of the operations to increase. The additional pontoons will ensure all boats are moored in an orderly fashion which will improve the existing situation. All activities occur within the lease area.
With regard to amenity, the applicant provided a visual analysis. The applicant has offered the following comments:
The existing fixed jetty head remains at the one level during all tidal changes with it being most noticeable at lower tides given the distance above the water level. The pontoon replacement will keep a low and sleek profile to the River at all stages of the tide.
No net change to the pile number will occur on the right hand side of the proposed works. There are currently two piles supporting the pontoon on the right hand side of the jetty head. This pontoon and its piles will be removed and replaced with two new piles and a pontoon.
The installation of new pontoons on the left side of the structure will also keep a low profile to the River and be largely hidden by the toilet blocks, boat hire building and tennis court features and other land infrastructure.
On the left hand side of the structure there is a net change of four piles each with a diameter of 400mm. One existing timber pile will also be removed.
The jetty head and its existing pontoon along with the existing pontoon on the left hand side of the structure are dilapidated, unsightly and out of alignment. The removal of the left side of the jetty head and replacing it with a pontoon with a low, sleek profile will ensure that amenity is improved in this regard. The addition of straight, new and low profile pontoons to the left will improve the amenity simply by being new structures.
The proposed works will allow the organised placement and storage of the existing vessels. Currently the vessels are randomly tied to any section of the structure that can be used. It is obvious from looking at overhead imagery that in some instances that the vessels are not fully contained within the boundaries of the lease and the owner is wishing to rectify this. This will also noticeably improve how the foreshore in this area looks when passers-by wander across the concrete path at the River’s edge.
The proposed infrastructure is what you would typically expect on the river and where reasonable and relevant conditions are included, it is considered the proposal complies with the Noosaville Local Plan Code.
Waterways Works Code
Role and function PO1 - A landing (no acceptable outcome):
(a) provides a high level of amenity with no adverse effects on the surrounding area including changes to light, views, air quality and noise;
(b) is compatible with the scenic values of the waterway; and
(c) does not adversely affect the natural landscape character and vegetation along the foreshore.
Assessment: The level of amenity and scenic values remain unchanged with this proposal as the proposal is for marine infrastructure associated with a marine facility that is expected to be found on Noosa River.
Performance outcome PO2 - Landings in conjunction with a commercial use (no acceptable outcome):
(a) does not detract from the function and viability of centres or nearby businesses;
(b) does not increase the overall scale and intensity of any commercial operation;
(c) does not provide additional commercial leases on the Noosa River;
(d) ensures no net increase in site cover or gross floor area of buildings or structures;
(e) uses materials, natural finishes and colours that blend with the surrounding natural landscape; and
(f) reflects the character and setting of the locality (such as timber and tin construction with a traditional pitched roof design).
Assessment:
With regard to the overall scale and intensity of the commercial operation, it is recommended to condition a maximum of 31 vessels and that all vessels are to be located wholly within the lease area.
There is no increase of gross floor area of buildings and structures. However, in accordance with the site cover definition in Noosa Plan, the additional area covered by pontoons can be regarded as an increase of site cover and therefore contrary to PO2 d) of the code.
Therefore, as assessment against the Purpose and overall outcomes against the Code is relevant. These are:
The overall outcomes sought for of the Waterways works code are:
Development is compatible with the character and amenity of its surrounding area.
Development ensures there is no increase to the scale and intensity of commercial operations on the Noosa River and additional commercial leases are avoided.
Development is designed and constructed in a way to ensure it is structurally sound.
Development is safe for use.
Development does not adversely affect—
the amenity of the surrounding area including by noise, lighting, odour and air pollutants;
existing public access to any foreshore areas or tidal waters;
safety and navigation of any waterways;
natural values of waterways, including water quality and bed and bank habitat;
the flood storage area of waterways of the Noosa Waters Estate; and
the structural integrity, operation or maintenance of any existing structure.
The proposal is considered to comply with the overall outcomes as it is located within an existing lease area, improves the safety of users to the site, does not impede on the navigation or safety of the river and improves on infrastructure that is due for replacement. Reasonable and relevant conditions are recommended to ensure compliance with all outcomes are achieved.
Performance outcome PO3 (no acceptable outcome) - All commercial activities including, the loading and unloading of passengers and boat docking is confined to the commercial lease areas of the respective commercial operation.
Assessment: The proposal seeks to operate within the existing lease area and all structures are located within the lease area. Sufficient space is located around the structures to ensure all docking, loading etc. will occur within the lease area. Conditions are recommended in this respect.
Acceptable outcomes AO13 of the code limits the width and length of jetties and pontoons, however this criteria relates to jetties and pontoons of a domestic scale and the existing and proposed infrastructure is greater that the acceptable outcomes.
Therefore, this proposal has been assessed against Corresponding Performance outcome PO13 which states:
Prescribed tidal works are designed and constructed for the sole purpose of providing access to vessels and are sited and designed to avoid -
cluttering of waterways;
excessive traffic volumes within foreshore areas and adjoining lands;
conflicts with uses on the foreshore and adjoining lands; and
unacceptable risks to personal and public safety.
Assessment:
The proposed changes to the lease area do not result in the clutter or additional traffic on the waterway, as the number of vessels remain unchanged and the proposed infrastructure will ensure that the boats are organised in an orderly manner and remain wholly contained within the lease area, rather than scattered which has occurred previously.
The proposal is considered to generally comply with the code and conditions are recommended to ensure compliance with the provisions.
Recreation and Open Space Zone Code
The proposal has one noncompliance with this code being AO16.1 (b) which requires a maximum site cover of 10%. The proposed site cover is 22%. Therefore, the proposal is assessed against Corresponding PO16 which states:
Building and structures have a small footprint on the site, do not reduce the useability of open space or dominate the site.
Assessment:
There is no increase in the footprint of the existing building.  However, additional pontoons increase the existing site cover which is currently 16.5% to 22%.  The proposal seeks to operate within the existing lease area and all structures are located within the lease area and does not reduce the useability of the open space area or considered to dominate the site. The additional site cover is considered to be in keeping with the intent of the site and complies with PO16.
Lease Area
The existing lease area as approved by the State for a 30 year term commencing 20 July 2016 (refer Attachment 2) has the following relevant conditions included which require special mention as follows:
Special condition 7 states that ‘The lessee must ensure that the development and use of the land meets with the Planning Scheme, Local Laws and requirements of the Noosa Shire Council, binding the lessee.’
Tidal requirement condition 7 of the lease states ‘The lessee must, take all reasonable action to ensure that all vessels attached to moorings within the boundaries of the land must be moored wholly within such boundaries and that such vessels or any part/s thereof must not encroach beyond the boundaries of the land.’
There will be a need to update the structures in the lease area as shown in the lease document, should the subject application be approved. A condition is recommended that requires the applicant to gain the relevant state approvals relating to this proposal prior to the occupation of the relevant infrastructure as proposed.
cONSULTATION
Referral Agencies
The application was referred to the following Referral Agency:
Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Schedule 10, Part 17, Division 3, Table 2 (Planning Regulation 2017) Tidal works or work in a coastal management district.
The Department has responded with relevant conditions.  Refer to Attachment 3.
Internal Council Referrals
The application was forwarded to the following internal Council officers:
Coordinator, Engineering
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. Two (2) properly made submissions were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
Do not support expansion of more moored boats outside of lease area which occurs now.	The lease area is not expanding beyond what currently exists.  The proposal seeks to organise the boats more efficiently to ensure they do not project beyond the lease area. Tidal requirement condition 7 of the lease and the recommended conditions require the development to moor vessels completely within the lease area.
Do not support more jet skis or party boats on the river due to noise.	O Boats do not operate jet skis from their site and the applicant has advised they have no intention of acquiring jet skis on their site. However, they are one of the booking agents for Noosa Jet ski Hire who operate from 256 Gympie Terrace, Noosaville. The user is directed to Noosa Jet ski Hire to pick up and return the watercraft. 256 Gympie Terrace is not part of this application
Approval of extensive pontoon building will create a precedent and reduce recreation area available to the public.	The development does not reduce currently available recreation area. There is no increase in the footprint of the existing building within the site/lease area.
Council infrastructure (decks and seating) will be impacted by the development.	The development does not impact public infrastructure on the land adjoining the river as new infrastructure is wholly contained within the lease area.
Views will be restricted.	The applicant provided information that demonstrates that existing views to the water will be maintained.  The existing jetty is a fixed structure and built at a height to be clear of the highest tide. The pontoons are of low profile design.
Extra noise will affect amenity.	The proposal does not seek to increase the number of vessels and as such, no additional noise will be generated.
conclusion & REASONS FOR DECISION
The proposal seeks to upgrade existing infrastructure within the existing lease area which will ensure the vessels are moored in an orderly way than what currently occurs. Although there is a proposed net increase of pontoons within the existing lease area which increases site cover within the lease area, the proposal can be conditioned to comply with the Purpose and overall outcomes of the Waterways Works Code and the Performance outcomes of the Noosaville Local Plan Code and Recreation and Open Space Zone code.
Accordingly, the proposal is recommended for approval.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	08 NOVEMBER 2022

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2
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TW ATE HOPE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

SITE PLAN
1:200

 

 

 

 

 

 


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"ewporve sxing ow
KONG THS ICE" ats 18

{eASE BOUNDARY

 

 

 

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se Beundres shown & ersing structures (Jet) or shown in opproxinate positon

 

 

PY

RIVER

TSE BOONONRT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VESSEL BERTHS
LEGEND] VESSEL TYPE | SIZE | oTY
R RUNABOUT | 4imxi6m | 2
R RUNABOUT_|_4.5mx2.0m | 4
R RUNABOUT | 48mx20m | 5
R RuNaBouT_|_5.3mx2.4m | 1
R RUNABOUT | 5.99mx2.4m | 2
SUB-TOTAL=| 14
P__[PONTOONBOATS| 6.0mx24m | 3
P| PONTOON BOATS| 6.8mx24m | 6
P| PONTOON BOATS|_6.0mx2.8m | 1
P| PoNTOoNBOATS| 6.0mx2am | 5
SUB-TOTAL=| 15
F [FISHING CHARTER] 7.0mx24m | 1
RV | RESCUEVESSEL | 40mxiam | 1
TOTAL QUANTITY BOATS=| 31

 

 

'NOTE: LARGEST VESSEL DRAWN OF EACH TYPE
NOTE:

LARGEST BERTHING VESSEL IN TEMPORARY
MOORING IS 3.5m BEAM x 9m LENGTH

VESSEL MOORING
SITE PLAN

 

1:200 ISSUE FOR CONSTRUCTION

 

 

 

 

 

 

 

 

 


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OISTNG JETTY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HAT RL 08m
HD RL Om LEVEL OAT
OP RL “Ben

 

 

 

 

 

‘2.400
saps saw
UN fen ii HaPE SEBES 20 SECTION AA
‘Elon mete xO. =
en AMR CANIN
REFERENCE OMGH 4680-GH1
A A

TOP OF PLE RL 3.2m

 

 

 

 

 

 

 

 

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tb! 1 GREER SORA

FAeReATED STARTER JETTY
‘REFERENCE OMG 680-72
swe JETT
Top OF DECK RL 1.00

 

+ RL 050m

 

 

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poet

 

 

 

 

 

 

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te OPE SEDES =

TOP OF PRE RL 3.2m

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FERICATED STARTER JY
REFERENCE OWGH 34680-

stn JT
Top OF DECK RL. 1.00

 

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940 RL Om LEVEL OK
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480 RL 059m
wD AL Om LEVEL OAT
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440 RL 059m
wD AL On LeveL. TW
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