2021-05-11 Planning & Environment Committee Meeting Agenda

PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA   11 MAY 2021




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PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA                                                                11 MAY 2021

                                                                                                              | McCullough
                                                                                                            =|Robertson

                        1.4    Historically, Council has dealt with the owners and management of Portside in regard to guests
                               and residents mooring / tying vessels to the revetment wall. There is currently one operational
                               jetty which services Portside, located between units 11 and 13 and adjoining common property
                               access.
                        1.5    The body corporate for Portside (Body Corporate) has written to Council to advise that they are
                               not supportive of the development, under the assumption that there will be a maximum of two
                               jetties approved at Portside.!
                       1.6     In the original development application, the jetty was proposed wholly within the exclusive use
                               area of Lot 1. An information request by Council raised the issue of pedestrian access to the jetty
                               by other residents of Portside and noted that ‘Council is unlikely to support any proposal that
                               requires the other property owners to leave the development site and access the jetty through
                               the adjoining land’?
                       1.7     The issue of sharing the proposed jetty between the Portside owners appears to stem from a
                               number of policy and factual matters:
                               (a)     The Watercourses Works Code, 012 (in particular $12.6 and $12.7) indicates that
                                       ‘Council is unlikely to support a jetty application for the exclusive use of one unit owner’;
                               (b)     the canal frontage is Common Property, but each unit has exclusive use rights conferred
                                       by the CTS of the Courtyard directly in front of it;
                               (c)     there is a common area within Portside with canal frontage;
                               (d)     there is already one communal jetty for Portside, which is shared between residents;
                               (e)     the original proposal itself indicated that the jetty was to be shared amongst owners
                                       within Portside on a first in, first served basis. The proposal has since been changed to
                                       allow for private use of the jetty by the owners of Lot 1 and Lot 2.

                       2       Development Application

                       2.1     The subject development application for operational work was properly made on 7 July 2020, and
                               was code assessable (Development Application).
                       Qed     The Development Application identified Lot 1 on BUP103414 as the location of the premises.
                       2.3     It identified Lot 502 on RP839224 (Noosa Waters) as the water body or watercourse the
                               premises is ‘/n or adjacent to’.
                       2.4     The development application did not identify Lot 0 on BUP103414 (Common Property Lot) as
                               being land to which the development application related.
                       2.5     Owner's consent was addressed by Stratum Legal, the Appellant’s representative, in the covering
                               letter for the development application, which asserted that only the owner of Lot 1’s consent was
                               required, though it is not clear upon what basis, in terms of the requirements of section 51(2) of
                               the PA.

                       2.6     On 2 August 2020, the Body Corporate formally opposed the code assessable application by
                               email, on the basis the proposed jetty was to be a communal jetty, and therefore would affect

                       1 Letter from Body Corporate for Portside to Mark Lewis, Noosa Shire Council dated 12 October 2020.
                       2 Information Request dated 2 August 2020.

                       60909286v2    |   Legal opinion — Australian Sunrise Citrus & Ors v Noosa Council - Appeal D209 of 2020 2

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