2016-12-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               6 DECEMBER 2016


RECOMMENDATION
That Council note the report by the Coordinator Engineering to the Planning & Environment
Committee Meeting dated 6 December 2016 regarding application OPW16/0016 for a
Development Permit for Operational Works – Prescribed Tidal Works (Deck) at 2 Parkyn Court,
Tewantin and refuse the application for the following reasons:
1.   The proposed deck does not comply with Overall Outcome and Specific Outcomes of the
     Noosa Plan’s Watercourses Works Code,
2.   The proposed deck is contrary to the “Purpose of Code” of the IDAS Code of the Coastal
     Protection and Management Regulation 2003 and does not comply with Specific Outcomes
     of the IDAS Code of the Coastal Protection and Regulation 2003,
3.   The proposed development will create the potential to intensify the commercial uses by
     increasing the available deck areas within the marina,
4.   The proposed deck adds a substantial area and additional built form on the Noosa River, is
     likely to increase traffic volumes on adjoining lands and there are insufficient parking
     facilities available in the area.


REPORT
A report on this application was presented to the Planning and Environment Committee meeting
on 6 September 2016. The application was subsequently deferred at the Ordinary Meeting on 20
September 2016 to allow staff to hold further discussions with the applicant on their future plans
for the facility.
The application seeks approval to construct a deck at the Noosa Marina. The proposed works
consist of removing the existing floating structure adjacent to the northern side of Noosa Marina
and replacing it with a deck structure that extends from the existing buildings across to the
boundary of the lease area. The existing floating structure is approximately 2m wide x 45m long
and its purpose is to provide access to moored vessels (refer Attachment 1). The proposed
structure ranges from 6m up to 7.8m in width and is 58.87m long overall.
Staff concerns with the application are that the proposed deck area will create the potential for an
expansion of the commercial uses on the site without due consideration being given to the off-
site impacts of the expansion. The current development of the site extends across a large portion
of the site and there is no opportunity to reconfigure the development to cater for any additional
demands created by an expansion of the commercial uses.
Council staff met with the applicant and requested further information regarding the intended use
of the proposed deck area and a number of other issues. The applicant provided this additional
information on the 31 October 2016.
   Deck Use
The additional information includes the statement “It is confirmed that the intent of the new deck
is not to provide for expanded commercial use area” and a description of the uses and other
reasons for the deck.
Although the applicant has stated that it is not their intent to expand the commercial use area
there remains the potential for the deck to be used for commercial purposes and there is no
ability to limit the use of the deck under this permit.
   Reduction in Marine Area
The additional information provided describes further reasons why the mooring area has not
been consistently used in recent times and describes how public moorings have been provided
within the reconfigured main marina area. It is considered that the reconfigured main marina area
addresses officer’s concerns.


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