2021-05-11 Planning & Environment Committee Meeting Agenda

PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA                                          11 MAY 2021


      The merits of the Appeal are in favour of the Appellant. The Court would be unlikely to decide
       the Appeal in Council’s favour because of the lack of hard impacts relating to the proposed
       development. It is likely the Court would find that the proposal complies with the relevant
       assessment benchmarks and therefore must be approved.
      A resolution of the Appeal which resulted in approval of the proposed development would
       not prevent Council from refusing future applications for jetties at Portside which caused a
       ‘cluttering’ impact on the character and amenity of the watercourse. Future development
       applications for jetties at Portside would be for a material change of use (code assessable)
       for a Landing and operational works (code assessable) under the Noosa Plan 2020. The
       former would be subject to obtaining the owner’s consent, which would include the consent
       of the body corporate of Portside. In other words, the body corporate of Portside would have
       greater control on the lodgement of future applications in comparison to the current
       operational works application.
      We recommend that Council attempt to resolve the Appeal at the mediation on 13 April 2021,
       on the basis that the Appeal be allowed, but none of the declarations sought by the Appellant
       are made.
The code requirements primarily seek to stop the proliferation of jetties along the canal to protect
the character and amenity of the area, navigational, operational efficiency and safety, and access
to the canal and the Noosa River by Noosa Water Residents. The proposed jetty will not impact
these matters and will not directly result in cluttering of the waterway. Further, the legal advice has
confirmed that the approval of this jetty will not prejudice the assessment of further jetty applications
for additional jetties for this development, which may lead to cluttering of the canal contrary to the
code requirements.
Previous Council Consideration
Nil
Finance & Risks
Council’s planning solicitor for the appeal has advised that prospects are not good as the proposed
jetty in itself does not have an actual impact on the character, amenity or navigational safety of
Noosa Waters Canal as a result of any cluttering of the watercourse.
Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb
Internal Consultation
Case Management Working Group
Departments/Sections Consulted:
                                    Community Services                         Corporate Services
      Chief Executive Officer
      Executive Support             Director                                   Director
                                    Community Development                      Financial Services
                                    Community Facilities                       Fleet
                                    Libraries & Galleries                      ICT
                                    Local Laws                                 Procurement
                                    Waste & Environmental Health               Property
                                                                               Revenue Services

      Executive Services        x   Environment & Sustainable Development      Infrastructure Services
      Director                      Director                                   Director
      Community Engagement          Building & Plumbing Services               Asset Management
      Customer Service          x   Development Assessment                     Buildings and Facilities
      Governance                    Economic Development                       Civil Operations
      People and Culture            Environmental Services                     Disaster Management
                                    Strategic Land Use Planning                Infrastructure Planning,
                                                                               Design and Delivery

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