Delegated Report - Code - Planning MCU23-0129 · MCU23/0129

               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      Noosaville Local Plan Code
               •      Low Density Residential Zone Code
               •      Waterways Works Code
               The subject site is located in Noosaville and is zoned Low Density Residential. The proposed use
               is identified as a consistent use within the zone and is required to follow a code assessable
               application process.
               The application has been found to generally comply with all applicable statutory instruments. The
               pertinent issues arising out of the assessment are discussed below:
               •      The Jetty achieves compliance with PO9 of the Waterways Works Code as proposed
                      setbacks from side allocation boundaries exceed 3m. The proposed setbacks are 8.6m and
                      11.7m from the prolongation of the boundaries.
               •      The proposed dimensions are in accordance with PO13 of the Waterways Works Code as:
                           o The maximum width of the jetty/walkway does not exceed 1.5m (AO13.1)
                           o The maximum length of the jetty head does not exceed 7m (AO13.3)
                           o The maximum area of the jetty does not exceed 10.5m2 and a minimum walkway
                               length of 3m has been provided (AO13.5)
               •      The jetty is proposed to be situated at a quayline of 14.56m. Although this does not comply
                      with AO13.8 which states:

                      Where no quaylines are set, the maximum distance a jetty or pontoon extends into the
                      watercourse is 10m, unless it can be demonstrated that a distance in excess of 10m is
                      essential to safely access a vessel from the jetty.

                      The applicant has provided approval from SARA for the 14.56m quayline. It is also noted
                      that the quayline is consistent with neighbouring jetties and pontoons and will not conflict
                      with foreshore uses or impact public safety. The revised quayline therefore complies with
                      PO13 of the Waterways Works Code.

                      Standard Conditions are recommended for approval.


               4.     CONSULTATION
               4.1. Referral Agencies
               The applicant was referred to the following Referral Agencies:
               •      Department of Infrastructure, Local Government and Planning (SARA)
               The Department is a referral agency for Tidal Works


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Document Set ID: 22660858
Version: 4, Version Date: 16/11/2023