2019-09-19 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                     19 SEPTEMBER 2019


GENERAL COMMITTEE RECOMMENDATIONS
16 SEPTEMBER 2019 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington


2    OPW17/0150.01 MINOR CHANGE TO DEVELOPMENT APPROVAL FOR OPERATIONAL
     WORKS - PRESCRIBED TIDAL WORKS - EXTENSION TO EXISTING JETTY AT 180
     GYMPIE TERRACE NOOSAVILLE
     Council Resolution
     Moved:             Cr Stockwell
     Seconded:          Cr Jurisevic
     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.
          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 Jurisevic, Stockwell, Wellington and Wilkie
     Against:    Crs Jackson and Glasgow
                                                                                            Carried.




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