Representations Received [As Published] · 142007.1173

 

 

 

M2248 - 09

Page 3
43/01/2009

Condition 4

Vessels moored or operating from the structure shall not exceed for (4) vessels with a combined
capacity of 129 passengers.

The development application is for operational work. There is no material change of use involved.
The application must be assessed as an operational works application against the relevant Code.
The Council as assessment manager may impose conditions which are reasonably required by
the developments, or which are relevant to but not an unreasonable imposition on the
development. In this case the “development” is the operational work, and there is no material
change of use. The jetty structure is already used for the purpose of a commercial jetty. That use
exists and is not a consequence of the refurbishment.

It is accepted that the prescribed tidal work code refers in specific outcome 11.1 to parking
facilities. The acceptable solution states “the infrastructure for prescribed tidal work is consistent
with each relevant planning schemes standard.” The planning scheme standard requires car
spaces according to the floor area of the commercial premises, and the number of parking spaces
provided complies, based on the floor area of the building on the jetty.

Condition 4 purports to restrict or contro! the use which, in our view, is inappropriate in response
to a development application for operational work, the use being pre-existing. The relevant Code
concerns amenity and aesthetics, public access, restriction of non-maritime uses, provision of
infrastructure, allocation of water areas and design and safety matters. The Code is not
concerned with the size or passenger capacity of the vessels moored or operating from the
structure. The subject development application complies with the provisions of the Planning
Scheme regarding car parking in relation to the floor area of the commercial premises which is the
acceptable solution made relevant under the Code. In the circumstances it is difficult to
understand how a condition of the nature of condition 4, which purports to limit the number of
vessels and passenger capacity operating from the jetty would be lawful in response to the
operational works application, particularly as such a condition is not required for the purposes of
meeting the Code. It is requested that the condition be deleted as it is an unreasonable imposition
on the development.

Condition 5

A shuttle bus shall operate in association with each business that operates from the site in order
to bring passengers to and from the site. The shuttle buses shall be parked within the lease area
when not in use and not otherwise parked in Gympie Terrace or its associated parking areas.

For the same reasons ‘given in respect of Condition 4, a requirement that the relevant businesses
which will operate the vessels moored at the jetty each have a shuttle bus is not a reasonable or
relevant condition. The condition is not a condition which has any nexus with the Code.

It is requested that the condition be deleted as it is an unreasonable imposition on the
development.

Condition 7
Boat repair activities shall not be conducted from the structure.

This condition relates to the use of the jetty structure following refurbishment. St effectively
prohibits any boat repair activities. While the jetty is not a slipway, it is normal practice along the
river and in other similar localities for vessels to undergo routine maintenance and minor repairs,
which do not require the vessel to be slipped, while the vessel is stationary at its usual mooring.
The condition places an unreasonable restriction on the operation of the vessel which is unrelated
to the requirements of the Code against which the development application for operational work