2019-09-16 General Committee Meeting Notes

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                16 SEPTEMBER 2019

         4.     The proposal is contrary to Schedule 3 of the Coastal Protection and
                Management Regulation 2017 as certification that the completed works comply
                with the requirements of the regulation has not been provided.
         5.     The proposal is contrary to Performance Outcomes P03 and P09 of the
                Waterways Works Code of the draft New Noosa Plan whereby all commercial
                activities for a jetty are to be confined to the commercial lease areas of the
                respective commercial operation.
    B.   Advise the applicant that the structure must be modified to comply with the
         Development Permit for Operational Works (OPW17/015) and approved plans within
         6 months.
    C.   Write to the Department of Natural Resources, Mines and Energy and request that the
         Department review the current commercial operations of Jetty 180 to ensure
         compliance with the current lease conditions.
    D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
    For:        Crs Glasgow and Jackson
    Against:    Crs Jurisevic, Pardon, Stockwell, Wellington and Wilkie
                                                                                          Lost.


    Committee Recommendation
    Moved:             Cr Stockwell
    Seconded:          Cr Wellington
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 10 September 2019 regarding Application No. OPW17/0150.01 to
    make a minor change to an existing approval for extension to an existing jetty situated at
    Jetty 180 Gympie Terrace, Noosaville and
    A.   Refuse the change for the following reasons:
         1.     The proposed works do not represent a minor change to the development
                approval because the change results in a substantially different development as
                it extends the use beyond the boundary of the lease and therefore results in the
                application applying to a new parcel of land.
         2.     The proposed works will result in a commercial activity outside the existing
                commercial lease area and have the potential to increase the overall scale and
                intensity of commercial operations contrary to the following provisions of the
                Noosaville Locality Code:
                (i)   Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and
                      foreshores from the cumulative impacts of development;
                (ii)   Specific Outcome O27(d) and (f), O28 and O29;
         3.     The proposed development is contrary to Specific Outcome O5 (a) and (b) of the
                Waterway Works Code as the works are contained outside the boundaries of the
                existing lot and the berthing of vessels encroaches over the boundaries of the
                lot.
         4.     The proposal is contrary to Schedule 3 of the Coastal Protection and
                Management Regulation 2017 as certification that the completed works comply
                with the requirements of the regulation has not been provided.


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