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Minor Change Report

Attached to the e-mail Minor Change Application OPW17/0150.01.

of 8

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Project BA
PO Box 45 Noosaville 4566
(07) 5451 8784
[email protected]


10/10/2018

Attn: Mark Lewis
Noosa Council
[email protected]



Dear Mark,

RE: Minor Change – OPW17/0150

Please find attached application for a minor change to an existing development approval for
Prescribed Tidal Works at Jetty 180 Gympie Tce Noosaville (OPW17/0150).

The proposed jetty works were constructed in accordance with the approved designs, however
an error in the original design drawings resulted in the jetty being setback 3mm from the lease
boundary area in leui of the 2.6m setback shown on the approved drawings.

This minor change should be supported by Council, given there is no prescribed setback in the
assessable codes and the conditions of the decision notice can still be achieved.



Warm regards,
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Full text of the other 7 pages

Page 2

PROPOSAL

The application seeks to amend condition 1 to change the word moored to berthed and amend
condition 2 – approved plans to allow fix the encroachment from what was approved and what
was constructed.

     Approved Plans

1.   Vessels associated with the marine use of the facility must only be moored within the
     approved lease area
     Vessels associated with the marine use of the facility must only be berthed within the
     approved lease area.
2.   Development undertaken in accordance with this approval 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

        26236-J1            D      Jetty Plan and Details prepared by        12 October 2017
                                   SCG Consulting Engineers

                                   Jetty Plan and Details prepared by
        26236-J1            D                                                12 October 2017
                                   SCG Consulting Engineers Annotated
                                                                             annotated 12th of
                                   by Project BA
                                                                             October 2018
                                   As Constructed Survey of new Jetty &
        180908                     Pontoon by Geo Surveying
                                                                             27 September 2018

        26236-S2            C      Jetty Plan and Details prepared by        12 October 2017
                                   SCG Consulting Engineers



The concurrence agency approved plans show no setback to the northern lease boundary, and
therefore do not require amendment.

BACKGROUND

The prescribed tidal works for the Jetty was approved by the Council on 24th of October 2017.

The builder subsequently carried out the approved works relying on the approved drawings, which
appear to incorrectly locate the existing jetty within the lease boundary. This resulted in the as
constructed works not achieving the 2600mm setback to the outer lease boundary noted on the
approved drawings.

Council review of the works identified that the works had not been constructed in accordance
with the approved plans and conditions. A 2.6m setback had not been maintained between the
new pontoon and the northern lease boundary to allow vessels to be moored within the approved
lease area. Council issued a show cause notice on 10th of September 2018 referenced
COM18/0326 requiring a response by 12th of October 2018.

This minor change application is being lodged in response to the show cause notice and satisfies
the requirements of the show cause notice as a response.

Page 3

MINOR CHANGE ASSESSMENT

An assessment against the meaning of minor change and a response about the proposed
application is provided thereafter underlined. The Planning Act 2016 defines a minor change as a
change to the approval that:

i.     would not result in a substantially different development*;

       (*In determining whether the proposed change would result in substantially different
       development, the assessment manager or referral agency must consider the individual
       circumstances of the development, in the context of the change proposed.)

       A change may be considered to result in a substantially different development if the
       proposed change:

       -   Involves a new use; or

       Response: The proposed minor change does not include a new use



       -   Results in the application applying to a new parcel of land; or

       Response: No new parcels of land are applicable.



       -   Dramatically changes the built form in terms of scale, bulk and appearance; or

       Response: The proposed minor change for the setback will not allow additional boates to
       be moored outside of the lease area, which is considered not to change the built form in
       terms of scale, bulk, or appearance, when viewed from the river or foreshore.



       -   Changes the ability of the proposed development to operate as intended; or

       Response: The jetty can be operated as intended with mooring occurring within the lease
       boundary. Mooring is not suitable on the end of the jetty due to this area being exclusively
       used for refuelling vessels and the Noosa ferry access.



       -   Removes a component that is integral to the operation of the development; or

       Response: There are no components being removed from the development integral to the
       operation of the development.



       -   Significantly impacts on traffic flow and the transport network, such as increasing traffic
           to the site; or

       Response: All building work is contained within the lease area and not forward of the
       existing building lines or encroaching in the main shipping channels or result in additional
       traffic impacts on the foreshore.

Page 4

      -   Introduces new impacts or increases the severity of known impacts; or

      Response: No new impacts are introduced.



      -   Removes an incentive or offset component that would have balanced the negative
          impact of the development; or

      Response: The proposal does not remove an incentive or offset.



      -   Impacts on infrastructure provisions.

      Response: The proposed changes will not impact on the infrastructure provisions.



ii.   if a development application for the development, including the change, were made
      when the change application is made would not cause—



      A. the inclusion of prohibited development in the application; or

      Response: The change does not include any prohibited development.



      B. referral to a referral agency, other than to the chief executive, if there were no referral
         agencies for the development application; or

      Response: The original application was referred to the Chief Executive as a Concurrence
      Agency for tidal works. No new referral agencies are applicable to the current
      development. The plans approved by the concurrence agency have no setback to the
      northern lease boundary, and therefore do not require changes.



      C. referral to extra referral agencies, other than to the chief executive; or

      Response: The original application was referred to the Chief Executive as a Concurrence
      Agency for tidal works. No other referral agencies are applicable to the current
      development.


      D. a referral agency to assess the application against, or have regard to, matters
         prescribed by regulation under section 55(2), other than matters the referral agency
         must have assessed the application against, or have had regard to, when the
         application was made; or

      Response: The proposed change would not result in the chief executive having to consider
      matters additional to those considered when the application was made.

Page 5

       E. public notification if public notification was not required for the development
          application.

       Response: The change does not require the application to be publicly notified.



Given the above, the proposed change to the existing approval is a minor change in accordance
with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules


DEVELOPMENT CONSISTENT WITH DEVELOPMENT CODES AND OTHER DECISIONS


In accordance with Section 81 of the Planning Act 2016, the Council must consider as part of its
assessment of the minor change’s application all matters the responsible entity would or may
assess against or have regard to, if the change application were a development application. The
Noosa Plan’s Watercourse Works code is the most relevant matter for assessment.

An assessment against Specific Outcome O5 is provided below:



 O5 Prescribed tidal works are designed and
 sited to ensure—

 a) they are contained within the prolongation   The site is used for recreational boat hire to the
 of boundaries of the lot;                       public. The constructed works and berthed
                                                 vessels are located within the lease area
                                                 boundaries.

 b) that when a vessel is berthed it does not    The term ‘berth’ implies a vessel’s allotted
 encroach over the prolongation of boundaries    place at a wharf. The vessels that are berthed
 of the lot;                                     at the site can be located within the lease
                                                 area, as required by condition 1 of the existing
                                                 development approval.

                                                 We have requested a change to condition 1
                                                 to change ‘moored’ to ‘berthed’ to better
                                                 reflect these performance criteria.

                                                 The existing approval for 2600mm setback
                                                 from      the    lease    boundary     would
                                                 accommodate the berthing of the hire boats,
                                                 however the area is not used for this. Larger
                                                 boats such as the coast guard and ferry that
                                                 use this area could not have docked within the
                                                 lease area to ferry terminal or refuel if the
                                                 2600mm setback was achieved.

                                                 It is therefore considered that the temporary
                                                 docking of vessels on the outer pontoon does
                                                 not constitute berthing or mooring.

Page 6

 c) a high level of visual amenity is maintained    The encroachment is unlikely to impede the
 when viewed from the watercourse and               visual amenity when viewed from the
 adjoining lands;                                   watercourse and adjoining lands. The
                                                    encroaching pontoon floats on the water with
                                                    little freeboard and is therefore unlikely to
                                                    impede the visual amenity.

 d) they avoid conflicts with uses in the water     The proposed jetty is constructed within the
 and on the foreshore and adjoining lands;          lease area and vessels are not berthed on the
                                                    outside of the outer pontoon.

 e) cluttering of watercourses is avoided;          The proposed encroachment is unlikely to
                                                    cause further cluttering of the water course.
                                                    The end pontoon within the encroachment will
                                                    remain uncluttered as it needs to be free for
                                                    temporary docking by the Ferry and other
                                                    boats who use the refueling station.

 f) excessive traffic volumes within foreshore      The proposed encroachment of the pontoon
 areas and adjoining lands are avoided;             will not result in excessive traffic volumes within
                                                    the foreshore. The pontoon offers a refueling
                                                    station away from the foreshore.

 g) materials blend with the natural surrounds;     The materials are consistent with the original
 and                                                approval.

 h) they reflect the character and setting of the   The proposed pontoon and Jetty are
 immediate surrounds or the locality.               consistent with the character and setting
                                                    originally approved. The encroachment of the
                                                    pontoon will not impede the character of the
                                                    development, as the pontoon is floating fixture
                                                    with little freeboard above the water line.



The watercourse works code does not prescribe a required setback to the outer lease boundary.
The minor changes will still allow the development to comply with the code. In May 2017, Council
approved OPW17/0024 for a jetty with a setback of 1396mm to the outer lease boundary. The
area was shown to be for the mooring of tenders, and the setback was accepted as it allowed
for all vessels to be moored within the lease area, as shown below.

Page 7

The setback to the outer lease boundary is controlled by the mooring requirements of the site. The
end of the jetty at 180 Gympie Tce is not used for mooring, and therefore a lessor setback should
be suitable in this instance. The new setbacks will not allow for mooring at the end of the facility
where the jetty encroaches as shown below.




The existing approved plans are already annotated ‘No Mooring at Any Time’. The minor change
to reduce the setback to the outer lease boundary from 2600mm to 3mm still allows for condition
1 on the decision notice to be satisfied.

It is unlikely that future use of the site will result in non-compliance issues. The encroaching part of
the jetty is used for the fueling of vessels not associated with the marine use of the facility (boat
hire) and a terminal for the Noosa Ferry, which needs access 364 days a year. Any mooring of
vessels along this part would impede those other operations that the jetty supports (See attached
letters from Noosa Ferry and other stake holders in the attached supporting documents).

Page 8

CONCLUSION


The proposed amendments are a minor change, satisfying the requirements of the Noosa Plan’s
watercourse works code and existing approval conditions. If Noosa Council were to refuse the
change and force the jetty to be rectified, it would serve a great cost to the operator and the
community by impeding the services that rely upon it for no significant benefit. In this regard the
following grounds for approval are recommended:

-      The works are contained within the lease boundary,

-      The vessels associated with the marine facility are berthed within the lease boundary, other
       vessels that use the site are only temporarily docked on the outer pontoon and not left
       unattended by the skipper of that vessel.

-      The jetty will maintain a high level of visual amenity when viewed from the river or the
       foreshore.

-      The minor change will not cause cluttering of the waterways.

-      The minor change will not result in additional or excessive traffic volumes within the
       foreshore.



We are more than happy to facilitate a meeting with Council officers onsite to see the operations
and temporary mooring that occurs and that the works are contained within the lease boundary.

We request that Noosa Council approve the minor change application.

The supporting record

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