Delegated Report - Code - Planning OPW20 0114

Author	Coorodinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW20/0114
Applicant	Australian Sunrise Citrus P/L TTE
Proposal	Operational Works - Jetty
Properly Made Date	7 July 2020
Information Request Date	3 August 2020
Information Response Date	18 September 2020
Decision Due Date	13 November 2020
Report Completed Date	13 November 2020
Report Reviewed By	Glen Conforti
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	Portside Noosa Water 1/4 Portside Ct Noosaville Qld 4566
RP Description	Lot 1 BUP 103414
Land Area	144.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban footprint
Locality	Noosaville
Zone	Medium Density Residential
Overlays	Acid Sulfate Soils, Flood Hazard
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Jetty.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Aerial Photo

Figure 3 – Proposal Plan

site details
Background
The application was properly made on 7 July 2020 and is assessed against The Noosa Plan 2006 – Watercourses Works Code. The application was originally for a jetty that was to be located in the canal in front of the “exclusive use area” of Unit 1 (1/4 Portside Court - Lot 1 BUP103414). As part of the response to Council’s further information request the applicant changed the jetty location to be on the common boundary between the exclusive use areas between Lot 1 and Lot 2 with the jetty to be shared between the owners. The most recent proposal plan is included above.
Historically Council has been in contact with the owners and management of Portside in regard to guests and residents mooring/tying vessels to the revetment wall.
It is noted that the Body Corporate for Portside has written to Council to advise that they are not supportive of the subject application.
Site Description
The subject sites are part of a larger development at 4 Portside Court. The area between the unit buildings and the canal frontage is common property with exclusive use areas allocated to each unit.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Planning Assessment
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan 2006.
The following code from the Noosa Plan 2006 is applicable to this development:
Waterways Works Code
The engineering elements of the application generally comply with the relevant outcomes of the code.
The proposal does not achieve Specific Outcome O12 of the code or be in accordance with Probable Solution S12.6. The assessment against these elements has been undertaken by Planning Assessment and the comments are below:
The development consists of 20 dwelling units with approximately a total of 100m of canal frontage. The existing development includes 1 x T jetty generally centrally located along the canal frontage and the proposal would result in a total of 2 jetties for the development. The existing jetty does not satisfy the demand for vessels of the development and as such during busy period’s, vessels are unlawfully moored (tied) to the revetment wall creating a risk to its structural integrity.
The development has common property along the canal and therefore Probable Solution 12.6 of the Watercourses Works Code is applicable and is setout below:
S12.6 Unit developments with common property along canal frontage met the following—
a) a maximum of 2 jetties per unit development;
b) jetties are shared between unit owners;
c) a minimum of 20m separation is provided between each jetty;
d) the jetty is setback a minimum of 3m from the prolongation of boundaries; and
e) jetty heads and pontoons are not constructed (Refer Figure 14-37);
The proposal results in 2 jetties for the unit development and provides greater than 20m separation between jetties and meets the prolongation provisions, but access to the proposed jetty is restricted to the 2 dwelling units’ subject of this application and considered not to be sufficiently shared between unit owners of the development.  Access to the proposed jetty for other unit owners is difficult as each unit has exclusive use area to the canal boundary generally demarcated by landscape hedging. This creates a barrier for other unit owners and combined other unit owners requiring access to other unit owners exclusive use areas access to the jetty is problematic. Furthermore the jetty is located to the most southern portion of the development making it inconvenient for mooring of vessels from units located to the centre or north side of the development, particularly when the existing T jetty is full (fit 3 vessels max.).
Specific Outcome O12 seeks that jetties in Noosa Waters:
O12 Works for jetties are designed and constructed for the sole purpose of providing access to vessels and are sited and designed to avoid—
a) cluttering of watercourses;
b) excessive traffic volumes within foreshore areas, on adjoining lands and within the watercourse; and
c) unacceptable risks to personal and public safety;
The proposed jetty is shared between 2 unit owners in a complex of 20. Specific Outcome O12 seeks that jetties are designed for the sole purpose to provide access to vessels. While there may be some grounds to approve more than 2 jetties on this quantity of canal frontage, no overall plan has been submitted to Council to address how other unit owners will access the proposed jetty. Furthermore given the number of units in the complex, it is unlikely that 1 new jetty will address the number of vessels moorings required by the development and there are concerns that the need for additional jetties will clutter the watercourse and result in adhoc development.
Planning recommends the application be refused on the following grounds:
The proposal is contrary to the Watercourses Works Code as the proposal will lead to cluttering and adverse amenity impacts on the character and amenity of the waterway and the structural integrity of the revetment wall.
The proposal would result in adhoc development as the proposal does not address the developments overall demand for mooring of vessels and will therefore lead to further applications for additional jetties which has the potential to clutter the waterway;
The jetty is shared between 2 unit owners in a complex of 20 units and is not sufficient to moor the historical quantity of vessels in busy times without mooring the vessels unlawfully directly to the revetment wall;
The proposal is not well located for other unit owners to share the jetty as the proposal is located to the most southern portion of the development;
The jetty is not accessible to other unit owners not subject to this application because it is only accessible from the exclusive use area for units 1 and 2, with the exclusive use areas generally blocked by landscaping.
The proposal does not meaningfully address the historical demand of mooring of vessels along the frontage of the canal and therefore has the potential to lead to adverse impacts on the structural integrity of the revetment wall.
The proposed jetty would require a further development application for Material Change of Use for a landing under The Noosa Plan 2020 and therefore the application is piecemeal.
conclusion & reasons for decision
The proposed development does not comply with the requirements of the planning scheme and raises significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for refusal.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW20/0114 for Operational Works - Jetty situated at Portside Noosa Water 1/4 Portside Ct Noosaville Qld 4566 and described as Lot 1 BUP 103414, it is recommended the application be refused in accordance with the following details for the Decision Notice:
application details
Application No:	OPW20/0114
Street address:	Portside Noosa Water 1/4 Portside Ct Noosaville Qld 4566
Real property description:	Lot 1 BUP 103414
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to refuse the application for the following reasons:
The proposal is contrary to the Watercourses Works Code as the proposal will lead to cluttering and adverse amenity impacts on the character and amenity of the waterway and the structural integrity of the revetment wall.
The proposal would result in adhoc development as the proposal does not address the developments overall demand for mooring of vessels and will therefore lead to further applications for additional jetties which has the potential to clutter the waterway;
The jetty is shared between 2 unit owners in a complex of 20 units and is not sufficient to moor the historical quantity of vessels in busy times without mooring the vessels unlawfully directly to the revetment wall;
The proposal is not well located for other unit owners to share the jetty as the proposal is located to the most southern portion of the development;
The jetty is not accessible to other unit owners not subject to this application because it is only accessible from the exclusive use area for units 1 and 2, with the exclusive use areas generally blocked by landscaping.
The proposal does not meaningfully address the historical demand of mooring of vessels along the frontage of the canal and therefore has the potential to lead to adverse impacts on the structural integrity of the revetment wall.
The proposed jetty would require a further development application for Material Change of Use for a landing under The Noosa Plan 2020 and therefore the application is piecemeal.
referral agencies
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

[word/footer1.xml]
Page 6 of 6

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image1.jpeg (image text)]
SIGRESSIA 1S I

   

 

 

7
2 1GTP104238
7RP224431 2
$ 5
e OBUP 10664:
98
ao
ala | fa
© osupiosaa’ =
Oo
2 Nodsa / \
2 <
&

 

o
, '502RP839224

   
 

‘ortside Court


[Attachment: image2.jpeg (image text)]
 

  

®
Rte: 2c 839274

 

 

 


[Attachment: image3.jpeg (image text)]
 

   

 

Da

fectsecraaremsn

Sasi

Segencemmmer |
\semocsceceee "| |

gery ae]

 

ome SEL

Shey ae

std gt ase tt

avon etn)

    
 

 

+_ proposed
‘2 Jetty

 

 

 

 

 

a

 

 

sigaatures
lswnerie

gipson Osea REE
L__|}

fei serry ‘STEPLAN
Ne Sree, nse
Lona

 

   
  
    
 
 
 

48

 

 

cA

 

Document Set 10) 21243185

Ve