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2022-12-12 General Committee Meeting Agenda
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GENERAL COMMITTEE MEETING AGENDA 12 DECEMBER 2022 4 OPW21/0133 – PLANNING & ENVIRONMENT COURT APPEAL NO. D68 of 2022 – APPLICATION FOR OPERATIONAL WORKS – PRESCRIBED TIDAL WORKS AT 10-12 RAVENWOOD DVE, NOOSA HEADS Author Acting Manager, Development Assessment Patrick Murphy Environment & Sustainable Development Index ECM/ Application/ OPW21/0133/ Case/ Gibson & Woodburn Attachments Nil EXECUTIVE SUMMARY This report reviews and recommends settlement of a current appeal with the Planning & Environment Court against Council’s decision to refuse an application to approve a jetty and the jet ski dry storage pontoon at 10-12 Ravenwood Drive, Noosa Heads. During the course of the appeal Council’s planning solicitor advised that Council is unlikely to be successful if the matter proceeded to trial primarily given the length of time the jetty has been constructed - such a discretionary factor is likely to outweigh the proposal’s non-compliance with the planning scheme code. It is therefore recommended that the appeal be settled. RECOMMENDATION That Council note the report by the Acting Manager Development Assessment to the General Committee Meeting dated 12 December 2022 regarding Planning & Environment Court Appeal No. D68 of 2022 and agree to settle the appeal generally in accordance with the following conditions: PLANNING Approved Plans 1. The prescribed tidal works must be maintained in accordance with this approval and must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions. Plan No. Rev. Plan/Document Name Date 1046.08 A Site Plan, Jetty As Constructed prepared 9 September 2021 Drawing 01 by Suncoast Studio 1046.08 A Plan View and Elevations, Jetty As 9 September 2021 Drawing 02 Constructed prepared by Suncoast Studio 21-5381AA Plan showing location of joint jetty at Lots 12 April 2021 158 & 159 on N21859 prepared by Max Watterson and Associates Site Specific Conditions 2. The full extent of the existing jetski dock located on the canal bank in the frontage of No 10 Ravenwood Drive (Lot 159 N21859) must be wholly removed within 1 month of the date of this decision. General Conditions 3. All structures must be maintained such that they are free standing within the waterway and are not connected to or behind the revetment wall 4. All structures must have no detrimental effects on stormwater drains and/or easements. Page 22 of 69
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