2022-04-21 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                    21 APRIL 2022


REPORT
A report on this application was considered by the Planning and Environment Committee Meeting
on 12 April 2022 and referred to the General Committee Meeting on 19 April 2022. During the course
of discussions at the General Committee Meeting, Councillors considered that there may be grounds
to support the proposal with reasonable and relevant conditions to allow the constructed jetty to
remain. Councillors in discussion indicated that the issues of whether Council had previously
accepted the constructed jetty and whether the adjoining owner was in support of retaining the jetty
were critical in the decision.
A subsequent search of Council’s archived hardcopy records found that an unknown Health Officer
undertook a final inspection of the jetty on 11 October 1995 and noted it as “OK”. Notwithstanding
this, conditions of approval required amongst other matters:
5.     The jetty is to comply with the requirements of Council’s By-laws and Jetty, Wharves,
       Pontoons and Boat Ramps Policy
7.     Approved plans comprise 94/179-1, 94/179-2 dated September 1994, copies of which are
       attached.
At the time Qld Department of Environment and Heritage also imposed a number of conditions on
the jetty pursuant to section 86 of the Harbours Act 1955 including:
3.    Any vessel berthed or moored at the jetty shall not cause a navigation hazard to vessel access
      to neighbouring properties.
The inspection of the jetty in 1995 does not appear to have properly considered the above conditions.
In response to Council’s enquiry the adjoining owner (No 8 Ravenwood Dr) provided the following
email at 5:42pm on 19 April 2022:
My husband and I would like to advise the committee that we definitely wish to have the jet ski
construction including the concrete retaining wall removed.
In regards to the jetty which has been constructed and installed we are happy if feasible for there to
be a new jetty constructed or the existing jetty amended to fit in with the advice that it be reduced in
length by approximately 3 metres or to meet the compliance guidelines as per the council. We have
no objection to them having a jetty however it would currently appear to be much longer than it should
be.
Staff have considered the issues raised by Councillors but confirm the previous recommendation.
Should Council wish to approve the application, the requested motion has been drafted for that
purpose
REQUESTED MOTION
      Approved Plans
1.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development. The approved plans are listed in the following table unless
      otherwise amended by these conditions.
       Plan No.              Rev.    Plan/Document Name                             Date
       21-5381AA                     Plan Showing Location of Joint Jetty at Lots   12 April 2021
                                     158 & 159 on N21859 prepared by Max
                                     Watterson & Associates
       01                    A       Site Plan – Jetty As Constructed prepared      9 November 2021
                                     by Suncoast Studio
       02                    A       Plan View and Elevations – Jetty As            9 November 2021
                                     Constructed prepared by Suncoast Studio
      Currency Period


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