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Planning Report-OW

Attached to the e-mail Application to Change a Development Approval OPW - 60 The Peninsula Noosaville.

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                                                                                                         103 Wrigley St (Cnr Sugar Road)
                                                                                                         P O Box 5774
                                                                                                         Maroochydore BC Q 4558
                                                                                                         Phone: 617 5479 5311
                                                                                                         Fax: 617 5479 1289
                                                                                                         Email: [email protected]
                                                                                                         Part of CadCon International Pty Ltd
                                                                                                         ACN 098 201 828




                      Planning Report to Accompany a Change Application to a
                    Development Permit for Operational Works (Jetty) over land
                                                               adjacent to

                       60 The Peninsula, Noosaville in the Noosa Waters Estate
                                                     (Lot 291 on RP856193)

                         In the Noosa Shire Planning Scheme Area on behalf of
                                                      Gmelli Design Pty Ltd




                                                              February 2020

CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
coordination and liaison with architects, engineers etc, coordination and management of development projects from start to finish.




              Ref 187535 – Gmelli Design Pty Ltd                                                              Page 1 of 6
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Page 2

                                                                                                                             103 Wrigley St (Cnr Sugar Road)
                                                                                                                             P O Box 5774
                                                                                                                             Maroochydore BC Q 4558
                                                                                                                             Phone: 617 5479 5311
                                                                                                                             Fax: 617 5479 1289
                                                                                                                             Email: [email protected]
                                                                                                                             Part of CadCon International Pty Ltd
                                                                                                                             ACN 098 201 828




                                                                     Table of Contents
              1      Summary ............................................................................................................. 3
              2      Site Details .......................................................................................................... 4
                  2.1       Existing Use and Description .............................................................................................. 4
                  2.2       Surrounding Land Uses ....................................................................................................... 4
              3      Proposal .............................................................................................................. 4
              4      Statutory Assessment – State Government ..................................................... 4
                  4.1       State Planning Policy (SPP) ................................................................................................. 4
                  4.2       Referral and State Development Assessment Provisions ................................................ 4
              5      Statutory assessment – Local Government ..................................................... 4
                  5.1    Code Assessment ................................................................................................................. 4
                    5.1.1 Watercourse Works Code ................................................................................................... 4
                    5.1.2 Commentary re O11c and O11h. ........................................................................................ 5
              6      Conclusion .......................................................................................................... 6


                                                                       Appendices

              Appendix 1 ....................................................................................... Approved Plan-7550F-S004-C3




CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
coordination and liaison with architects, engineers etc, coordination and management of development projects from start to finish.




              Ref 187535 – Gmelli Design Pty Ltd                                                                                  Page 2 of 6

Page 3

                                                                                                         103 Wrigley St (Cnr Sugar Road)
                                                                                                         P O Box 5774
                                                                                                         Maroochydore BC Q 4558
                                                                                                         Phone: 617 5479 5311
                                                                                                         Fax: 617 5479 1289
                                                                                                         Email: [email protected]
                                                                                                         Part of CadCon International Pty Ltd
                                                                                                         ACN 098 201 828




              1    SUMMARY

              This report has been prepared on behalf of Gmelli Design Pty Ltd to provide planning assessment for
              a Change Application to a Development Permit for Operational Works (Jetty) over land adjacent to 60
              The Peninsula, Noosaville in the Noosa Waters Estate.

              Operational works were approved for the site by Council on 14/11/2019. That approval i.e.
              OPW19/0217 included conditions and changes to one of the plans submitted as part of the approval.
              Since then works have been constructed and Council has visited the site and advised that the
              constructed handrail was not in accordance with one of the approved drawings i.e. Approved Plan-
              7550F-S004-C3 (Appendix 1) and that it should be removed and replaced with a complying handrail.

              Having visited the site and surrounds and reviewed the relevant Specific Outcomes from the
              Watercourse Works Code, it is submitted that the handrail is not inconsistent with the Code and
              therefore does achieve the Specific Outcomes as discussed in detail on the following pages of this
              report. As such, the changes requested by this application are:
                   Approval of Black & Moore drawing 7550F-S004-C3, dated 02/10/2019 as submitted with the
                       Operational Works application without amendments by Council.



             APPLICATION DETAILS
             Site Details
             Land Owner                  Gmelli Design Pty Ltd
             Property Address            60 The Peninsula, Noosaville
             Real Property Description   Lot 291 on RP856193
             Site Area                   921m²
             Local Authority             Noosa Shire Council
             Current Land Use            Dwelling
             Proposal                    Change to a Development Permit for Operational Works (Jetty)
             STATUTORY DETAILS
             State Government Assessment
             State Referral Agencies     N/A
             Local Government Assessment
             Planning Scheme             The Noosa Plan 2006 (Including Amendments to 08/06/2018)
             Zoning                      Detached Housing
             “Precinct”                  Noosa Waters Estate
             Assessment Type             Code
             Overlays                     N/A

              Relevant Codes                             Watercourse Works Code




CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
coordination and liaison with architects, engineers etc, coordination and management of development projects from start to finish.




              Ref 187535 – Gmelli Design Pty Ltd                                                              Page 3 of 6

Page 4

                                                                                                         103 Wrigley St (Cnr Sugar Road)
                                                                                                         P O Box 5774
                                                                                                         Maroochydore BC Q 4558
                                                                                                         Phone: 617 5479 5311
                                                                                                         Fax: 617 5479 1289
                                                                                                         Email: [email protected]
                                                                                                         Part of CadCon International Pty Ltd
                                                                                                         ACN 098 201 828




              2    SITE DETAILS

              2.1    Existing Use and Description
              The site comprises a large existing dwelling and associated improvements. It is currently undergoing
              extensive renovations and is typical of surrounding residential development in Noosa Waters.

              2.2   Surrounding Land Uses
              The surrounding area is zoned Detached Housing and is fully developed. It is noted that there are
              numerous examples of jetty handrails in the locality that include top and middle rails.

              3    PROPOSAL

              The application seeks approval for a change to Development Permit for Operational Works (Jetty)
              such that Black & More drawing 7550F-S004-C3, dated 02/10/2019 is approved as submitted with the
              Operational Works application without amendments by Council.

              4    STATUTORY ASSESSMENT – STATE GOVERNMENT

              4.1   State Planning Policy (SPP)
              The State Planning Policy is appropriately reflected and integrated in the Noosa Plan, therefore, the
              proposal does not require separate assessment against the SPP.

              4.2    Referral and State Development Assessment Provisions
              A review of the State Assessment Referral Agency DA online mapping system and Planning
              Regulation 2017 confirms that the development application does not require referral for matters of
              state interest.

              5    STATUTORY ASSESSMENT – LOCAL GOVERNMENT

              5.1   Code Assessment
              The proposed development triggers code assessment as determined in accordance with Part 5
              Tables of Assessment from the Noosa Plan 2006 as the development is for operational works.

              5.1.1 Watercourse Works Code
              Specific Outcomes 14.167 O11 is the only relevant Specific Outcome for this proposal from this Code.




CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
coordination and liaison with architects, engineers etc, coordination and management of development projects from start to finish.




              Ref 187535 – Gmelli Design Pty Ltd                                                              Page 4 of 6

Page 5

                                                                                                         103 Wrigley St (Cnr Sugar Road)
                                                                                                         P O Box 5774
                                                                                                         Maroochydore BC Q 4558
                                                                                                         Phone: 617 5479 5311
                                                                                                         Fax: 617 5479 1289
                                                                                                         Email: [email protected]
                                                                                                         Part of CadCon International Pty Ltd
                                                                                                         ACN 098 201 828




              Table 14.65 Operational Works within Noosa Waters Canal (Extract)

              Specific Outcomes                       Comment
              O11
              Works are designed and sited
              to ensure—
                  a) they are contained                   a) N/A for this Change application.
                      within the prolongation
                      of boundaries of the lot;
                  b) that when a vessel is                b) N/A for this Change application.
                      berthed it does not
                      encroach over the
                      prolongation of
                      boundaries of the lot;
                  c) a high level of visual               c) No Performance Solution guidance is provided by the
                      amenity is maintained                  Code (see commentary at 5.1.2 below).
                      when viewed from the
                      watercourse and
                      adjoining lands;
                  d) the works avoid                      d) N/A for this Change application.
                      conflicts with uses in
                      the water and on the
                      foreshore and adjoining
                      lands;
                  e) materials blend with the             e) N/A for this Change application.
                      natural surrounds;
                  f) cluttering of                        f)   N/A for this Change application.
                      watercourses is
                      avoided;
                  g) excessive traffic                    g) N/A for this Change application.
                      volumes within
                      foreshore areas, on
                      adjoining lands and in
                      the water are avoided;
                      and
                  h) they reflect the                     h) No Performance Solution guidance is provided by the
                      character and setting of               Code (see commentary at 5.1.2 below).
                      the work’s immediate
                      surrounds or the locality

              5.1.2    Commentary re O11c and O11h.

              The delegated officer’s report that assessed the Operational Works application made the following
              comments regarding the hamptons style handrail i.e.
               The proposal includes a “hamptons style handrail” and Council has concerns that the handrail
                 may impact on the visual amenity of the area; and
               Any infill of the hand rails is inconsistent with the Watercourse Works Code. Any works in the
                 Noosa Waters canal should ‘reflect the character and setting of the work’s immediate surrounds
                 or locality’ (O11 of the Watercourse Works Code).

                  A site inspection revealed that the all handrails in the vicinity of the site (and generally in Noosa
                  Waters) consist of vertical posts and a horizontal rail with no decorative infills. This simplistic
                  design ensures that the jetties remain as operational low key structures and do not become a

CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
coordination and liaison with architects, engineers etc, coordination and management of development projects from start to finish.




              Ref 187535 – Gmelli Design Pty Ltd                                                              Page 5 of 6

Page 6

                                                                                                         103 Wrigley St (Cnr Sugar Road)
                                                                                                         P O Box 5774
                                                                                                         Maroochydore BC Q 4558
                                                                                                         Phone: 617 5479 5311
                                                                                                         Fax: 617 5479 1289
                                                                                                         Email: [email protected]
                                                                                                         Part of CadCon International Pty Ltd
                                                                                                         ACN 098 201 828




                  feature in the Noosa Water’s canal system, or an extension of a dwellings recreational space.
                  There is a risk that embellishing handrails in Noosa Waters may lead to visual ‘cluttering’ of the
                  watercourse.

                  Given the advice provided by the planning officer the “hamptons style” handrail is not supported
                  and conditions and plan annotations have been included.

              It is noted that there are no Probable Solutions provided in the Code for handrail design guidance.
              From the officer’s report it appears that assessment of handrail suitability has relied entirely on
              Council’s interpretation of O11h i.e. Works are designed and sited to ensure h) they reflect the
              character and setting of the work’s immediate surrounds or the locality.

              Having visited the site it is difficult to understand how any assessment could not conclude that the
              handrail as constructed exactly reflects the immediate surrounds i.e. the subject residence is a
              hamptons style residence. That the handrail differs in style from other handrails on other jetties in the
              locality is reflective of individual design styles and should be recognized as increasing visual amenity
              rather than detracting from it. It remains a simple, clean style handrail and does not have “infill” as
              described in the officer’s report, simply several cross braces.

              That the handrail should be approved as designed and as constructed is further supported by O11c
              i.e. a high level of visual amenity is maintained when viewed from the watercourse and adjoining
              lands. Again, having visited the site and viewed the jetty it is submitted that the handrail does satisfy
              this aspect of the SO. Further, there is no alternative guidance provided by the Code that can be
              construed to the effect that the handrail does not comply with the Code.

              6    CONCLUSION

              This report has demonstrated that the constructed handrail achieves a high degree of visual amenity
              and is reflective of its immediate surrounds i.e. a hamptons style residence. Further, it is a clean,
              functional, attractive design and as such fully satisfies the outcomes envisaged by SO11c and
              SO11h. Consequently the change requested by this application i.e. that Black & Moore drawing
              7550F-S004-C3, dated 02/10/2019 as submitted with the Operational Works application be approved
              without amendments by Council, warrants approval accordingly.




CadCon provides boundary, contour & detail and construction surveys, town planning applications, liaison & negotiation with Councils & Government,
coordination and liaison with architects, engineers etc, coordination and management of development projects from start to finish.




              Ref 187535 – Gmelli Design Pty Ltd                                                              Page 6 of 6

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