2020-06-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                         9 JUNE 2020


4                        OPW19/0217.01 - PLANNING & ENVIRONMENT COURT APPEAL NO D63 OF 2020 -
                         REFUSAL OF A MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR A JETTY AT
                         60 THE PENINSULA, NOOSAVILLE
DOCUMENT INFORM AT ION




Author                              Manager Development Assessment, Kerri Coyle
                                    Environment & Sustainable Development

Index                               ECM/ Application/ OPW19/0217.01/ Case/ Gmelli Design

Attachments                         Nil



EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 June 2020 regarding Planning & Environment Court
Appeal No. D63 of 2020 and agree to defend the appeal.


REPORT
On 19 March 2020, an application to change a development approval for Operational Works for a
Jetty at 60 The Peninsula, Noosaville was refused under delegation for the following reasons:
1.                       The proposed changes are contrary to Specific Outcome O11 and Overall Outcome a) of
                         the Watercourses Works Code as:
                         a.   The white finish, thickness of material and overall design of the structure is obtrusive
                              on the open watercourse and landscaped surroundings and does not blend with the
                              surroundings;
                         b.   The structure presents unnecessary and avoidable cluttering of the watercourse;
                         c.   The structure is inconsistent with the open character and amenity of the watercourse
                              and other structures on the waterway; and
                         d.   The proposed handrail is inconsistent with handrails for jetties in Noosa Waters,
                              which are of an open style handrail consisting of evenly spaced vertical posts and a
                              single horizontal rail, with no decorative infills.
The original development approval for the jetty included the following condition:
4.                       The proposed ‘hamptons style’ handrail is not approved. The handrail for the jetty must be
                         an open style handrail consisting of evenly spaced vertical posts and a single horizontal
                         rail.
The approved plans for the jetty were also annotated to specify that the handrail must be in
accordance with the conditions of approval.
Despite the development approval, the owner constructed the jetty handrail in accordance with
their original plans, with a ‘hamptons style’ handrail provided to the jetty.
On inspection of the jetty by officers, the owner was advised of the non-compliance who elected
to lodge an application to change the development approval for the jetty.
Officers noted the following in their assessment:


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