2017-03-07 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                   7 MARCH 2017


     f)   Ensure no net increase in the gross floor area of buildings or structures;
     g)   Use materials, natural finishes and colours that blend with the surrounding natural
          landscape; and
     h)   Reflect the character and setting of the locality (such as timber and tin construction
          with a traditional pitched roof design).
O28 Commercial development does not extend beyond existing commercial lease areas.
S28.1 Development does not increase the overall footprint of commercial jetties and structures.
Marine facility purpose is defined by the Noosa Plan as “…a commercial facility relating directly
to boating”. Coffee shops and the like are not covered by the marine facility purpose definition
and are identified as inconsistent with the zoning intent for the foreshore.
Historically, it is understood many of the commercial facilities along the foreshore established
prior to the Integrated Planning Act 1997, when planning schemes did not apply to State land,
and have no development approval in place. Instead these commercial facilities rely on their
existing use rights to operate, which are protected and legislated for under the Sustainable
Planning Act 2009. While the lease holders are able to undertake some minor improvements to
their commercial facility without triggering the need for a development approval under the
planning scheme, any material change of use and/or expansion of these businesses would
require a Development Permit for Material Change of Use.
Land Act 1994
The Land Act 1994 (and Land Regulations 2009) is the applicable Queensland Government
legislation governing use of the recreation reserve and the commercial lease areas. One of the
principles under the Act is that land for community purposes is to be retained and protected to
allow the ongoing community purpose. DNRM’s Secondary Use of Trust Land policy provides
guidance to trustee’s on use of trust land under section 52(3) of the Act.
Under the policy, actions not in accordance with the purpose of the recreation reserve are
deemed inconsistent actions. Prior to allowing an inconsistent action the trustee and DNRM must
be satisfied the inconsistent action will not diminish the purpose of the reserve and will not have
an adverse effect on any business in the area.
Upcoming Noosaville Foreshore Land Use Master Plan
In response to increasing demands for recreational, community and commercial use of the
foreshore, Council is undertaking a Master Planning exercise to assist future decisions regarding
use of the foreshore. Consultation with the Noosa community and key stakeholders will be a key
element of the project. Uses within commercial lease areas will also be considered in order to
inform future planning scheme provisions. Tenders were recently sought from suitably qualified
consultants to undertake the work and the contract was awarded in late February. The final Land
Use Master Plan is scheduled to be complete by October 2017.
Current Commercial Encroachments onto Public Reserves
Opportunities for increased trade have resulted in the spread of equipment and furniture from a
number of the commercial businesses beyond lease areas and onto public reserves. The
encroachments contravene:
•    Council’s Local Law 1, which prohibits commercial use of public land without a permit; and
•    The Sustainable Planning Act 2009 in relation to The Noosa Plan requirements for the
     Open Space Conservation Zone.
Council has been concerned with the commercial encroachments over recent years and has
previously:
•    Conducted Audits in December 2015 and January 2016 confirming encroachments existed
     and a degree of “creep” had occurred; and
•    Written to lease holders in 2016 instructing them to rectify encroachments.

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