2019-09-19 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                      19 SEPTEMBER 2019


GENERAL COMMITTEE RECOMMENDATIONS
16 SEPTEMBER 2019 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell and Tony Wellington

1.   UPDATE TO INFRASTRUCTURE CHARGES RESOLUTION
     Committee Recommendation
     Moved:             Cr Wellington
     Seconded:          Cr Glasgow
     That Council note the report by the Infrastructure Assessment Coordinator to the Planning &
     Environment Committee Meeting dated 10 September 2019 and adopt the “Noosa Shire
     Council Charges Resolution (No.4) 2019” provided at Attachment 1 to the report (with a
     correction to section 13.6(i)(c) to refer to clause 145 of the Planning Act), to take effect on
     Monday 23 September 2019 replacing the “Noosa Shire Council Charges Resolution (No.3)
     2018”.
                                                                            Carried unanimously.


2.   OPW17/0150.01 MINOR CHANGE TO DEVELOPMENT APPROVAL FOR OPERATIONAL
     WORKS - PRESCRIBED TIDAL WORKS - EXTENSION TO EXISTING JETTY AT 180
     GYMPIE TERRACE NOOSAVILLE
     Committee Recommendation
     Moved:             Cr Stockwell
     Seconded:          Cr Wellington
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 10 September 2019 regarding Application No. OPW17/0150.01 to
     make a minor change to an existing approval for extension to an existing jetty situated at Jetty
     180 Gympie Terrace, Noosaville and
     A.   Refuse the change for the following reasons:
          1.     The proposed works do not represent a minor change to the development approval
                 because the change results in a substantially different development as it extends
                 the use beyond the boundary of the lease and therefore results in the application
                 applying to a new parcel of land.
          2.     The proposed works will result in a commercial activity outside the existing
                 commercial lease area and have the potential to increase the overall scale and
                 intensity of commercial operations contrary to the following provisions of the
                 Noosaville Locality Code:
                 (i)    Overall Outcome 11.7.2(hh) as it will not protect the Noosa River and
                        foreshores from the cumulative impacts of development;
                 (ii)   Specific Outcome O27(d) and (f), O28 and O29;
          3.     The proposed development is contrary to Specific Outcome O5 (a) and (b) of the
                 Waterway Works Code as the works are contained outside the boundaries of the
                 existing lot and the berthing of vessels encroaches over the boundaries of the lot.
          4.     The proposal is contrary to Schedule 3 of the Coastal Protection and Management
                 Regulation 2017 as certification that the completed works comply with the
                 requirements of the regulation has not been provided.
          5.     The proposal is contrary to Performance Outcomes P03 and P09 of the Waterways
                 Works Code of the draft New Noosa Plan whereby all commercial activities for a
                 jetty are to be confined to the commercial lease areas of the respective commercial
                 operation.

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