2021-11-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  9 NOVEMBER 2021


17.   Any construction and post construction activity must not impact on the condition of the
      waterway, and must be conducted so as not to breach the Environmental Protection Act EPA
      (1994) and the Environmental Protection (Water) Policy 2009.
18.   After completion, the proposed works must be maintained in a sound state of repair in
      accordance with the approved plans.

REPORT
On 17 December 2020 Council at its Ordinary meeting resolved to refuse an application to enclose
a front deck area and rear portion of an existing shed for U-Drive boat hire for the following reasons:
1.    The proposal is contrary to Overall Outcome (ad) and Performance Outcomes PO22 and
      PO23 of the Noosaville Local Plan Code as the proposal will result in increased commercial
      development on and adjacent the Noosa River and lead to the business operating outside
      their lease area.
2.    The proposal is contrary to Overall Outcome (b) and Performance Outcome PO2 of the
      Waterways Works Code as the proposal will result in an increase in gross floor area and an
      increase to the scale and intensity of commercial operations on the Noosa River.
3.    The business already exceeds the operational capacity of the lease area, as evidenced by
      the site’s compliance history, and increasing the enclosed storage space supports the
      continued operation of the business at a scale and intensity that is not consistent and/or
      compatible with the designated lease area.
Council also resolved at the meeting to request staff to meet with the applicant to discuss temporary
alternative solutions to storage and staff safety issues due to the COVID-19 restriction
requirements.
Officers met with Mr Phillips from U-Drive boat hire on 23 December 2020 to discuss potential
solutions. At the meeting officers explored a number of options with Mr Phillips to address the
requirements of the business but no agreement was reached, with Mr Phillips indicating he would
not proceed with anything until after the busy Christmas period. At the meeting the following was
noted by officers:
     There appeared opportunities to reorganise the shed and undertake some minor
      modifications such as enlarging the servery window;
     the lease requirements were not being met, with many craft located outside the lease areas
      on community land;
As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the
Planning & Environment Court seeking that the extensions to the Hire and Storage Building be
approved subject to reasonable and relevant conditions.




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