2017-03-07 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                    7 MARCH 2017


In December 2016 compliance officers from the DNRM and Council undertook a joint audit of 8
leases along Gympie Terrace. Council’s Compliance Officer observed that a number of leases
had further encroachments beyond lease boundaries compared to the previous Council audits.
Encroachments included tables and chairs, signage, rental boats, kayaks, jet skis, and the like
(refer example in Figure 2 below).




    Figure 2 – Example of Rental Jet Ski & Watercraft Encroachments onto Foreshore Reserve
The audit also indicated unapproved structures have been erected and a number of the
businesses have substantially expanded and / or changed their business in breach of The Noosa
Plan and the Sustainable Planning Act 2009. New seating areas have been provided; the number
of seats has increased significantly and the sale of coffee and food now represents a substantial
part of some businesses and could not be considered ancillary or consistent with existing use
rights. This is of particular concern given businesses opposite on Gympie Terrace have been
required to obtain development approvals; provide on-site car parking to meet parking demand;
and pay infrastructure contributions toward the major infrastructure networks.
DNRM Response
Council officers met with senior DNRM staff in February 2017 to discuss the audit findings and
the Department’s proposed course of action. The Department raised concerns with the number
of commercial uses within the leases that may not be for marine facilities purposes, such as
cafés, a massage business and bicycle hire. It also noted the extent of encroachments onto the
Council controlled recreation reserves. DNRM advised it intends to write to lessees seeking them
to:
•     Remove encroachments from the park reserves and ensure they operate from within
      approved lease areas;
•     Demonstrate uses being conducted are for marine facilities purposes; and
•     Direct lessees to cease uses clearly identified as not for marine facilities purposes.
Proposed Council Response
It is recommended Council take further action to rectify the encroachments to ensure the
commercial lessees comply with Noosa’s Local Laws, The Noosa Plan and Council meets its
land management obligations as trustee of the reserves. Removal of encroachments is also
desirable prior to commencing community engagement for the upcoming Noosaville Foreshore

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