2020-10-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   6 OCTOBER 2020


      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.
Figure 1 is a copy of the applicant’s plan which shows the Hampton’s style handrail on the jetty.




                                      Figure 1 – Hamptons style handrail

Since the lodgement of the appeal Council received the following advice from Council’s planning
solicitor for the matter:
Our view is that Council does not have good prospects of success in this matter. If the matter
proceeded to a hearing, it is likely the Court will allow the Appeal, due to the absence of clear
restrictions on the use of infill in handrails in the provisions of either the Noosa Plan 2006, or the
Noosa Plan 2020.
Council’s Decision Notice consists of a single reason for refusal. The Reason for Refusal is a
restatement of the Council Officer’s recommendation in the assessment report dated 17 March
2020.


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