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2022-11-08 Planning & Environment Meeting Agenda
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AGENDA
Planning & Environment
Committee Meeting
Tuesday, 8 November 2022
commencing at 9.30am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell
“Noosa Shire – different by nature”
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Full text of the other 88 sections
Section 2
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
TABLE OF CONTENTS
ITEM PAGE
1. ATTENDANCE & APOLOGIES 3
2. CONFIRMATION OF MINUTES 3
3. PRESENTATIONS 3
4 DEPUTATIONS 3
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 MCU22/0048 & OPW22/0089 – DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR COMMERCIAL LANDING AND OPERATIONAL WORKS
FOR PRESCRIBED TIDAL WORKS, SITUATED AT 222 GYMPIE TERRACE
NOOSAVILLE 4
2 MCU22/0148 - APPLICATION FOR MATERIAL CHANGE OF USE FOR FOOD
AND DRINK OUTLET (OUTDOOR DINING) AT 2 MEMORIAL AVENUE
POMONA 34
3 MCU22/0115 APPLICATION FOR MATERIAL CHANGE OF USE FOR A BAR
AT 1-3/9 RENE STREET NOOSAVILLE 41
6. REPORTS FOR NOTING BY THE COMMITTEE 53
4 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY
REPORT– SEPTEMBER 2022 56
5 SUMMARY OF CURRENT AND HISTORICAL DISTRIBUTION OF SEAGRASS
IN THE NOOSA ESTUARY 71
6 INTEGRATED WATER QUALITY MONITORING PROGRAM 75
7. CLOSED SESSION 89
Page 2 of 89
Section 3
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
1. ATTENDANCE & APOLOGIES
2. CONFIRMATION OF MINUTES
The Minutes of the Planning & Environment Committee Meeting held on 11 October 2022 be
received and confirmed.
3. PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 3 of 89
Section 4
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
5. REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 MCU22/0048 & OPW22/0089 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF
USE FOR COMMERCIAL LANDING AND OPERATIONAL WORKS FOR PRESCRIBED
TIDAL WORKS, SITUATED AT 222 GYMPIE TERRACE NOOSAVILLE
Author Development Planner, Lisa Pienaar
Environment and Sustainable Development
Index ECM/ Application/MCU22/0048 & OPW22/0089
Attachments 1. Proposal Plans (35 page attachment provided separately to this agenda)
2. Seabed Lease
3. SARA approval
APPLICATION DETAILS
Applicant Noosa River Enterprises Pty Ltd
Proposal Material Change of Use - Landing - Commercial
Properly Made Date 28 March 2022
Information Request Date 21 April 2022
Information Response Date 1 July 2022
Decision Due Date 17 November 2022
Number of Submissions 2
PROPERTY DETAILS
Property Address ‘Jetty’ 222 Gympie Terrace Noosaville Qld 4566
RP Description Lot 160 CP 908649
Land Area 1658 m²
Existing Use of Land Commercial jetty and Landing – O Boat Hire
STATUTORY DETAILS
SEQRP Designation Regional Landscape and Rural Production Area
Zone Recreation and Open Space
Precinct Not applicable
Local Plan Area Noosaville
Overlays Sea Level Rise HAT (permanent) inundation 2040-2100
Assessment Type Impact
EXECUTIVE SUMMARY
The proposal is for an upgrade of existing infrastructure at O Boat Hire lease area at 222 Gympie
Terrace Noosaville. The applicant proposes the upgrade to enable more efficient mooring of
existing vessels within the existing and approved lease area. The upgrade will include an extension
of the length of the jetty head (from 28.8 to 43 metres) which is a series of pontoons. Additional
pontoon fingers are also proposed.
The proposed infrastructure will result in additional site cover within the lease area due to a net
increase in pontoons, which although is contrary to Performance outcome PO22 of the Waterways
Page 4 of 89
Section 5
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Works Code, it is considered to comply with the Overall outcomes. The additional site cover is also
contrary to the AO16.1 (b) of the Recreation and Open Space zone code which requires a
maximum of 10% but is considered to comply with corresponding Performance outcome PO16 of
the code.
There is potential for the scale and intensity of the operations to increase due to more efficient
mooring capabilities which is contrary to PO22 (d) of the Noosaville Local Plan Code and PO2 (b)
of the Waterways Works Code. While the applicant indicates a maximum number of vessels to be
31, the applicant has indicated that business operations and demand may impact on vessels
numbers at some stage. A condition is recommended to ensure there is no net increase of vessels
on site/lease area which ensures that the scale and intensity of the use will not increase and thus
comply with Noosa Plan.
The proposal is recommended for approval with reasonable and relevant conditions included.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0048 &
OPW22/0089 Development Permit for Material Change of Use - Landing - Commercial &
Operational Works for Prescribed Tidal Works situated at 222 Gympie Terrace Noosaville and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
2. 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
34680-01 0 Cover Page, prepared by The Jetty Specialist 14/09/2021
34680-02 0 Existing Structures Plan, prepared by The Jetty Specialist 14/09/2021
34680-03 0 Existing Structures Plan, prepared by The Jetty Specialist 14/09/2021
34680-04 0 New Site Plan, prepared by The Jetty Specialist 14/09/2021
34680-05 0 Vessel Mooring Site Plan, prepared by The Jetty Specialist 14/09/2021
34680-06 0 Pontoon Layout Details, prepared by The Jetty Specialist 14/09/2021
34680-07 0 Elevations, prepared by The Jetty Specialist 14/09/2021
34680-08 0 Pile Setout, prepared by The Jetty Specialist 14/09/2021
34680- 0 Pontoon P1B, Construction Details, prepared by The Jetty 2/11/2021
P1B-1 Specialist
34680- 0 Pontoon P1B, Foam Details, prepared by The Jetty 2/11/2021
P1B-2 Specialist
34680- 0 Pontoon P2A & P1A, Construction Details, prepared by The 2/11/2021
P2A-1 Jetty Specialist
34680- 0 Pontoon P2A – 2 Foam Details, prepared by The Jetty 2/11/2021
P2A-2 Specialist
34680- 0 Pontoon P2B Construction Details, prepared by The Jetty 2/11/2021
P2B-1 Specialist
34680- 0 Pontoon P2B – 2 Foam Details, prepared by The Jetty 2/11/2021
P2B-2 Specialist
34680- 0 Pontoon P3A-1 Construction Details, prepared by The Jetty 2/11/2021
P3A-1 Specialist
34680- 0 Pontoon P3A Foam Details, prepared by The Jetty 2/11/2021
P3A-2 Specialist
34680- 0 Pontoon P3B-1 Construction Details, prepared by The Jetty 2/11/2021
P3B-1 Specialist
Page 5 of 89
Section 6
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Plan No. Rev. Plan/Document Name Date
34680- 0 Pontoon P3B Foam Details, prepared by The Jetty 2/11/2021
P3B-2 Specialist
34680- 0 Pontoon P3C Construction Details, prepared by The Jetty 2/11/2021
P3C-1 Specialist
34680- 0 Pontoon P3C Foam Details, prepared by The Jetty 2/11/2021
P3C-2 Specialist
34680- 0 Pontoon P3D Construction Details, prepared by The Jetty 2/11/2021
P3D-1 Specialist
34680- 0 Pontoon P3D Foam Details, prepared by The Jetty 2/11/2021
P3D-2 Specialist
34680- 0 Pontoon P3E Construction Details, prepared by The Jetty 2/11/2021
P3E-1 Specialist
34680- 0 Pontoon P3A Foam Details, prepared by The Jetty 2/11/2021
P3D-2 Specialist
34680-B1- 0 Pile Bracket B1 General Arrangement, prepared by The 2/11/2021
1 Jetty Specialist
34680-B1- 0 Pile Bracket B1 Corner Bracket, prepared by The Jetty 2/11/2021
2 Specialist
34680-B1- 0 Pile Bracket B1 Corner Bracket 2, prepared by The Jetty 2/11/2021
3 Specialist
34680-B1- 0 Pile Bracket B1 6mm Chequer Plate, prepared by The Jetty 2/11/2021
4 Specialist
34680-B2- 0 Inboard Pile Bracket B2 General Arrangement, prepared by 2/11/2021
1 The Jetty Specialist
34680-B2- 0 Inboard Pile Bracket B2 Exposed Bracket, prepared by The 2/11/2021
2 Jetty Specialist
34680-B2- 0 Inboard Pile Bracket B2 UA Bracket, prepared by The Jetty 2/11/2021
3 Specialist
34680-SJ- 0 Starter Jetty Platform 2, prepared by The Jetty Specialist 2/11/2021
3
34680-SJ- 0 Starter Jetty Headstock, prepared by The Jetty Specialist 2/11/2021
1
34680-SJ- 0 Starter Jetty Platform 1, prepared by The Jetty Specialist 2/11/2021
2
34680- 0 4m Gangway 1 Construction Detail, prepared by The Jetty 2/11/2021
GW-1 Specialist
Currency
3. This approval lapses where the construction of the jetty extension and pontoons have
not commenced within 17 November 2028, unless application is made and approved
by Council for an extension.
Nature and extent of Use
4. All vessels, kayaks and SUPs for hire and all equipment associated with the marine
use of the facility must wholly moored/stored within the approved lease area, with a
maximum of 31 vessels at any one time.
5. All structures must be constructed wholly within the approved commercial lease area
as per the approved plans.
6. All commercial activities including, the loading and unloading of passengers and boat
docking is confined to the commercial lease areas of the respective commercial
operation.
Structures
7. All structures must use materials, natural finishes and colours that blend with the
surrounding natural landscape.
8. Structures must be designed and constructed such that they are free standing within
Page 6 of 89
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
the waterway and are not connected to or behind the revetment wall or rock wall.
9. Structures must be designed and constructed such that they do not place additional
vertical or lateral loads onto the existing revetment wall that may compromise the long
term stability and/or durability of the wall. Upon completion of works, a certification by
RPEQ must be provided to Council in this regard.
10. All structures must have no detrimental effects on stormwater drains and/or
easements.
11. No boatlifting devices are to be attached or moored at the structures for the purpose of
elevating a vessel above the water without Council approval.
12. The jetty and deck areas must be constructed in a manner to render the underside
area vermin proof.
13. There must be no electrical reticulation system carrying electricity in excess of 24 volts
beyond the revetment wall unless all switches and power outlets are positioned above
the 1% AEP flood level.
14. Lighting associated with the use must be designed, installed, operated, and maintained
in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor
Lighting.
15. Wastewater and sullage must only be disposed of at approved pump out facilities.
16. The mooring facility must not be utilised for live-aboard purposes.
17. Any construction and post construction activity must not to impact on the condition of
the waterway and is to be conducted so as not to breach the Environmental Protection
Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
18. Certification by a Registered Professional Engineer of Queensland that states that the
jetty extension and pontoons are constructed in accordance with best practice methods
and are structurally sound must be submitted to Council. This certification must be
submitted to Council within three (3) months of the completion of the works. A final
inspection and approval of the structure by Council’s Inspector is also required. Please
contact Council’s Planning Assessment Section to arrange the inspection.
19. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans.
20. All necessary State government approvals relating to this development must be
obtained prior to any works commencing on the site.
Environment
21. To ensure the safety of persons accessing the approved works and to prevent
environmental harm, a safety audit of the on-site fuel storage tanks, bowsers and
associate pipework, valves, vents and systems shall be conducted by a suitably
qualified professional and submitted to Council for approval prior to the use of the new
works (pontoon/jetty extensions). The audit shall demonstrate that the fuel systems are
in a safe and serviceable condition or, where necessary, identify repair and rectification
requirements to meet the relevant Australian Standards and industry best practice
environmental management. Any repair works must be completed, with certification
submitted by the auditor to Council, prior to the use of the new works (pontoon/jetty
extensions).
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REASONS TO JUSTIFY THE DECISION DESPITE THE CONFLICT WITH THE PLANNING
SCHEME:
Find the following matters relevant to the assessment and sufficient reason to approve the
application:
Page 7 of 89
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
1. Although there is a proposed net increase of pontoons which increases site cover within the
lease area, the proposal:
a. will ensure the vessels are moored wholly within the existing lease area of the marine
facility; and
b. maintains the character of the site as a marine facility which is compatible with
surrounding marine activities.
REPORT
1. PROPOSAL
This application seeks approval for a Development Application for Material Change of Use for a
Landing and associated Operational Works – Prescribed Tidal Works. The proposal seeks to
modify the existing landing to facilitate safer access to, and use of, existing hire vessels owned by
O Boat Hire. This consists of a new jetty head which is to be setback 3.5 metres from the boundary
of the commercial lease area and additional pontoon fingers. The works are to occur within an
existing commercial lease area approved by the Department of Resources as a ‘marine facility’.
There is no change to the existing building located on site.
The applicant offers the following:
The existing jetty head/pontoon is approximately 28.8 in length. There are various uses for the
existing jetty head/pontoon:-
a) Access to the fuel provisions for those vessels requiring fuel including the Council ferry;
b) Temporary berthing on the outside of the jetty head/pontoon for “hiring users” only. Currently
staff take the hire vessel from its permanent mooring space to the forward face of the jetty/pontoon
head to allow the user to gain access. This allows the users to board the hire vessel and be given
the required safety briefings prior to departure. The hire vessel is then returned to the same location
and the users disembark; and
c) Permanent mooring of the hire vessels on the inside of the jetty head/pontoon.
The new jetty/pontoon head proposal is approximately 14.3m longer and will allow:-
a) The same access to the fuel provisions for those vessels requiring fuel;
b) Improved temporary berthing on the outside of the pontoon to allow the users to embark, be
given their safety briefings, return and disembark from the hire vessel. We note that the low profile
of the pontoon will be more visually appealing as it remains close to water level at all stages of the
tide as compared to the existing jetty head. In addition, the low pontoon profile increases the safety
for staff and of the users embarking and disembarking from the hire vessels.
c) Improved ability for and access to the permanent mooring of the hire vessels on the inside of
the new pontoon head. Again the lower profile of the pontoon as compared to the jetty will ensure
a safer access for the business staff.
Refer Figures 1-6 below.
Page 8 of 89
Section 9
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Figure 1 – Locality
Figure 2 – Site Plan
Page 9 of 89
Section 10
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Figure 3 – Mooring Site Plan and existing and proposed pontoons (lease area in red)
Figure 4 – Sections
Page 10 of 89
Section 11
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Figure 5 – Existing Structures Plan
2. SITE DETAILS
2.1. Background
The Marine facility was originally approved by Queensland Transport (Marine and Ports Division)
in 1993.
On 31 January 2012 an Operational Works application (OPW11/0301) was approved by Council
for Prescribed Tidal Works - Extensions of Pontoons for Moorings. On 1 May 2014, Council
approved an extension to the currency period until 31 January 2016. This approval was not acted
upon and has since lapsed.
In 2017 Council resolved to take compliance action on commercial lease areas adjoining the
Reserve for Recreation with Noosa Council as trustee. The subject site was one of the properties
included in this compliance action. Council was aware some commercial jetty leaseholders had
encroached onto the reserve for recreation with a range of commercial activities including tables
and chairs, signage, rental boats, kayaks, jet skis and the like. Council instructed all lease holders
to ensure that all commercial activities and equipment remained within the commercial jetty lease
area and any encroachment onto the adjacent reserve for recreation would cease. Review of
historical aerial photography shows that boats have not been wholly moored within the lease area.
A pre-lodgement meeting was held with Council staff on 28 July 2021 (PLM21/0042) to discuss
the redevelopment of the existing jetty/landing as per this proposal. The applicant was asked to
demonstrate that all vessels could be wholly moored in the lease area and to provide details of
type and numbers of boats. Advice was also provided that the Noosa Plan 2020 supports the
continuation of marine facilities on the Noosa River but it does not support any increases in the
overall scale and intensity of commercial operations in order to protect the river.
2.2. Site Description
The site is utilised by O Boats, a company specialising in the hire of vessels, kayaks and stand up
Page 11 of 89
Section 12
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
paddle boards (SUP’s) from the site. A site office/shopfront, pontoons and jetty exist on site. A fuel
bowser is situated at the jetty head. Refer Figure 6 – subject site.
Figure 6 - Subject site
2.3. Surrounding Land Uses
The site is located on Noosa River adjacent to and partly within Pelican Beach Park. The tennis
courts are situated directly south of the site and Noosa North Shore is located on the opposite side
of the river to the north. Immediately west (upstream) is a timber jetty adjacent to Peter Park along
with a public boat ramp and pontoon facility. Directly east (downstream) is the Ely Park public jetty.
This area of the Noosa River has a variety of commercial water-based operations.
3. ASSESSMENT
3.1. 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;
• Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional
Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan.
Page 12 of 89
Section 13
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the whole of Noosa Plan 2020 to the extent the
provisions are relevant to the development. The following Codes are most relevant to this proposal:
• Noosaville Local Plan Code;
• Recreation & Open Space Zone Code; and
• Waterway Works Code.
Locality Provisions
The subject site is located in the Noosaville Locality and is zoned Recreation and Open Space.
The proposed use is identified as a consistent use with the zone and is required to follow a code
assessable process for Operational Works (Prescribed Tidal Works) and an impact assessable
application process for Material Change of Use for a Landing.
The pertinent issues arising out of the assessment are discussed below:
Noosaville Local Plan Area Code
The following Performance Outcomes of the Noosaville Local Plan Code are relevant to this
proposal (no acceptable outcomes):
PO22
Commercial development on and adjacent to the Noosa River is designed to –
a) provide for uses for marine facility purposes including water transport and boat hire;
b) be compatible with the scenic values of the waterway;
c) provide a high level of amenity, including ensuring low ambient noise levels;
d) not increase the overall scale and intensity of commercial operations;
e) use materials, natural finishes and colours that blend with the surrounding natural landscape;
and
f) reflect the character and setting of the waterfront locality (such as timber and tin construction
with a traditional pitched roof design).
PO23
Commercial development on and adjacent to the Noosa River is not increased or expanded beyond
existing building footprints and structures within existing lease areas.
PO24
The loading and unloading of passengers and boat docking is confined to the commercial lease
areas of the respective commercial operation.
PO25
Parking of vehicles and boat trailers and the loading and unloading of goods or passengers does
not impede on public open space in the vicinity of the river.
Assessment:
The existing use is a marine facility that specialises in boat hire, with an upgrade to the landing
infrastructure proposed.
The applicant advises that 31 vessels will use the upgraded mooring facility. The vessels are all
associated with the current hire business. There is no existing approval which limits the number of
vessels that can moor at the facility. A review of aerial photography identifies the following number
of moored vessels:
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Section 14
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
• 2016: 13 vessels moored within the lease area
• 2017: 22 vessels moored within the lease area
• 2018: 27 vessels (4 outside of lease area)
• 2019: 25 vessels (3 outside lease area)
• April 2020: 3:20pm 30 vessels (4 outside lease area)
• May 2021: 24 vessels (1 outside lease area)
• September 2021 11.30am: 25 vessels (3 outside lease area)
• November 2021 10:38am: 18 vessels moored within lease area
• June 2022 11:53am: 22 vessels (5 outside lease area)
• August 2022 10:20am: 22 vessels (3 outside lease area)
• September 2022: 16 vessels (1 outside lease area)
Whilst it’s acknowledged that the aerial photography provides for a snapshot at a particular point
in time it is noted that up to 30 vessels have been moored at the existing facility and that vessels
are frequently located outside of the lease area. Based on the historical aerials the proposed
mooring of 31 vessels is consistent with the existing use of the site.
The applicant advises that there is no immediate plan to increase the number of vessels beyond
31 vessels. However, the applicant indicated there may be a need to increase the number of
vessels in the future. This may result in an increase in the overall scale and intensity of commercial
operations which is contrary to PO22 d).
The applicant advises:
There also may be a time when the business owner wishes to change the type or size of vessels
in the business eg replacing two barbeque boats with three round family cruise-type boats. This
change does not mean that the use has intensified – merely diversified to new options available in
boat hire and requests from the public. As long as the vessels are still moored within the boundaries
of the seabed lease the use is compliant.
Based on the applicant’s advice, the business intends to diversify where necessary and this is not
unique for any business. While it is acknowledged that an increase of 1 vessel on site may not be
viewed as an increase in the intensity and scale of the use on site, an increase of vessel numbers
due to customer demand over time may result an increase in the intensity and scale of the use on
site. It is noted that there has been an issue with vessels situated outside of the lease area whilst
the current proposal seeks to maximise the number of boats moored within the lease area.
Therefore, it is considered appropriate to condition the number of boats based on existing business
operations.
Therefore, for the proposal to comply with PO22 d) of the code, it is recommended to include a
condition to limit the number of vessels of 31, which the applicant advises is the number of existing
vessels on site. This will ensure that there is no scope for the scale and intensity of the operations
to increase. The additional pontoons will ensure all boats are moored in an orderly fashion which
will improve the existing situation. All activities occur within the lease area.
With regard to amenity, the applicant provided a visual analysis. The applicant has offered the
following comments:
(i) The existing fixed jetty head remains at the one level during all tidal changes with it being
most noticeable at lower tides given the distance above the water level. The pontoon
replacement will keep a low and sleek profile to the River at all stages of the tide.
No net change to the pile number will occur on the right hand side of the proposed works.
There are currently two piles supporting the pontoon on the right hand side of the jetty head.
This pontoon and its piles will be removed and replaced with two new piles and a pontoon.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
(ii) The installation of new pontoons on the left side of the structure will also keep a low profile
to the River and be largely hidden by the toilet blocks, boat hire building and tennis court
features and other land infrastructure.
(iii) On the left hand side of the structure there is a net change of four piles each with a diameter
of 400mm. One existing timber pile will also be removed.
(iv) The jetty head and its existing pontoon along with the existing pontoon on the left hand side
of the structure are dilapidated, unsightly and out of alignment. The removal of the left side
of the jetty head and replacing it with a pontoon with a low, sleek profile will ensure that
amenity is improved in this regard. The addition of straight, new and low profile pontoons
to the left will improve the amenity simply by being new structures.
(v) The proposed works will allow the organised placement and storage of the existing vessels.
Currently the vessels are randomly tied to any section of the structure that can be used. It
is obvious from looking at overhead imagery that in some instances that the vessels are
not fully contained within the boundaries of the lease and the owner is wishing to rectify
this. This will also noticeably improve how the foreshore in this area looks when passers-
by wander across the concrete path at the River’s edge.
The proposed infrastructure is what you would typically expect on the river and where reasonable
and relevant conditions are included, it is considered the proposal complies with the Noosaville
Local Plan Code.
Waterways Works Code
Role and function PO1 - A landing (no acceptable outcome):
(a) provides a high level of amenity with no adverse effects on the surrounding area including
changes to light, views, air quality and noise;
(b) is compatible with the scenic values of the waterway; and
(c) does not adversely affect the natural landscape character and vegetation along the foreshore.
Assessment: The level of amenity and scenic values remain unchanged with this proposal as the
proposal is for marine infrastructure associated with a marine facility that is expected to be found
on Noosa River.
Performance outcome PO2 - Landings in conjunction with a commercial use (no acceptable
outcome):
(a) does not detract from the function and viability of centres or nearby businesses;
(b) does not increase the overall scale and intensity of any commercial operation;
(c) does not provide additional commercial leases on the Noosa River;
(d) ensures no net increase in site cover or gross floor area of buildings or structures;
(e) uses materials, natural finishes and colours that blend with the surrounding natural landscape;
and
(f) reflects the character and setting of the locality (such as timber and tin construction with a
traditional pitched roof design).
Assessment:
With regard to the overall scale and intensity of the commercial operation, it is recommended to
condition a maximum of 31 vessels and that all vessels are to be located wholly within the lease
area.
There is no increase of gross floor area of buildings and structures. However, in accordance with
the site cover definition in Noosa Plan, the additional area covered by pontoons can be regarded
as an increase of site cover and therefore contrary to PO2 d) of the code.
Therefore, as assessment against the Purpose and overall outcomes against the Code is relevant.
These are:
Page 15 of 89
Section 16
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
The overall outcomes sought for of the Waterways works code are:
a) Development is compatible with the character and amenity of its surrounding area.
b) Development ensures there is no increase to the scale and intensity of commercial operations
on the Noosa River and additional commercial leases are avoided.
c) Development is designed and constructed in a way to ensure it is structurally sound.
d) Development is safe for use.
e) Development does not adversely affect—
(i) the amenity of the surrounding area including by noise, lighting, odour and air pollutants;
(ii) existing public access to any foreshore areas or tidal waters;
(iii) safety and navigation of any waterways;
(iv) natural values of waterways, including water quality and bed and bank habitat;
(v) the flood storage area of waterways of the Noosa Waters Estate; and
(vi) the structural integrity, operation or maintenance of any existing structure.
The proposal is considered to comply with the overall outcomes as it is located within an existing
lease area, improves the safety of users to the site, does not impede on the navigation or safety of
the river and improves on infrastructure that is due for replacement. Reasonable and relevant
conditions are recommended to ensure compliance with all outcomes are achieved.
Performance outcome PO3 (no acceptable outcome) - All commercial activities including, the
loading and unloading of passengers and boat docking is confined to the commercial lease areas
of the respective commercial operation.
Assessment: The proposal seeks to operate within the existing lease area and all structures are
located within the lease area. Sufficient space is located around the structures to ensure all
docking, loading etc. will occur within the lease area. Conditions are recommended in this respect.
Acceptable outcomes AO13 of the code limits the width and length of jetties and pontoons,
however this criteria relates to jetties and pontoons of a domestic scale and the existing and
proposed infrastructure is greater that the acceptable outcomes.
Therefore, this proposal has been assessed against Corresponding Performance outcome PO13
which states:
Prescribed tidal works are designed and constructed for the sole purpose of providing access to
vessels and are sited and designed to avoid -
a) cluttering of waterways;
b) excessive traffic volumes within foreshore areas and adjoining lands;
c) conflicts with uses on the foreshore and adjoining lands; and
d) unacceptable risks to personal and public safety.
Assessment:
The proposed changes to the lease area do not result in the clutter or additional traffic on the
waterway, as the number of vessels remain unchanged and the proposed infrastructure will ensure
that the boats are organised in an orderly manner and remain wholly contained within the lease
area, rather than scattered which has occurred previously.
The proposal is considered to generally comply with the code and conditions are recommended to
ensure compliance with the provisions.
Recreation and Open Space Zone Code
The proposal has one noncompliance with this code being AO16.1 (b) which requires a maximum
site cover of 10%. The proposed site cover is 22%. Therefore, the proposal is assessed against
Corresponding PO16 which states:
Page 16 of 89
Section 17
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Building and structures have a small footprint on the site, do not reduce the useability of open
space or dominate the site.
Assessment:
There is no increase in the footprint of the existing building. However, additional pontoons increase
the existing site cover which is currently 16.5% to 22%. The proposal seeks to operate within the
existing lease area and all structures are located within the lease area and does not reduce the
useability of the open space area or considered to dominate the site. The additional site cover is
considered to be in keeping with the intent of the site and complies with PO16.
Lease Area
The existing lease area as approved by the State for a 30 year term commencing 20 July 2016
(refer Attachment 2) has the following relevant conditions included which require special mention
as follows:
Special condition 7 states that ‘The lessee must ensure that the development and use of the land
meets with the Planning Scheme, Local Laws and requirements of the Noosa Shire Council,
binding the lessee.’
Tidal requirement condition 7 of the lease states ‘The lessee must, take all reasonable action to
ensure that all vessels attached to moorings within the boundaries of the land must be moored
wholly within such boundaries and that such vessels or any part/s thereof must not encroach
beyond the boundaries of the land.’
There will be a need to update the structures in the lease area as shown in the lease document,
should the subject application be approved. A condition is recommended that requires the applicant
to gain the relevant state approvals relating to this proposal prior to the occupation of the relevant
infrastructure as proposed.
4. CONSULTATION
4.1. Referral Agencies
The application was referred to the following Referral Agency:
• Department of State Development, Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Schedule 10, Part 17, Division 3, Table 2 (Planning
Regulation 2017) Tidal works or work in a coastal management district.
The Department has responded with relevant conditions. Refer to Attachment 3.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Coordinator, Engineering
4.3. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. Two (2) properly made submissions were received. The following table provides a
summary and assessment of the issues raised by submitters.
Matters Raised Comments
Do not support expansion of more moored The lease area is not expanding beyond what
boats outside of lease area which occurs currently exists. The proposal seeks to organise the
now. boats more efficiently to ensure they do not project
beyond the lease area. Tidal requirement condition 7
of the lease and the recommended conditions require
the development to moor vessels completely within
the lease area.
Page 17 of 89
Section 18
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Matters Raised Comments
Do not support more jet skis or party boats on O Boats do not operate jet skis from their site and the
the river due to noise. applicant has advised they have no intention of
acquiring jet skis on their site.
However, they are one of the booking agents for
Noosa Jet ski Hire who operate from 256 Gympie
Terrace, Noosaville. The user is directed to Noosa Jet
ski Hire to pick up and return the watercraft.
256 Gympie Terrace is not part of this application
Approval of extensive pontoon building will The development does not reduce currently available
create a precedent and reduce recreation recreation area. There is no increase in the footprint of
area available to the public. the existing building within the site/lease area.
Council infrastructure (decks and seating) will The development does not impact public infrastructure
be impacted by the development. on the land adjoining the river as new infrastructure is
wholly contained within the lease area.
Views will be restricted. The applicant provided information that demonstrates
that existing views to the water will be maintained.
The existing jetty is a fixed structure and built at a
height to be clear of the highest tide. The pontoons
are of low profile design.
Extra noise will affect amenity. The proposal does not seek to increase the number of
vessels and as such, no additional noise will be
generated.
5. CONCLUSION & REASONS FOR DECISION
The proposal seeks to upgrade existing infrastructure within the existing lease area which will
ensure the vessels are moored in an orderly way than what currently occurs. Although there is a
proposed net increase of pontoons within the existing lease area which increases site cover within
the lease area, the proposal can be conditioned to comply with the Purpose and overall outcomes
of the Waterways Works Code and the Performance outcomes of the Noosaville Local Plan Code
and Recreation and Open Space Zone code.
Accordingly, the proposal is recommended for approval.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 18 of 89
Section 19
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 2
Page 19 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 2
EE
2 we >) 1
ea
OLR
Queensland
3 August 2016 Government
Enquiries to: Sharpe, Mark Sepetnent et
Telephone: (07)54512215 eine Reneenran ae Snes
RECORDING ADVICE - NEW DOCUMENT
Case: 2015/004477 Action: 1 Lease Renewal
Service Centre: Nambour
Lease for a Term of Years No.239294 commenced on 20 July 2016.
Previous Tenure
40011892 Lease for a Term of Years
Other details relating to the new tenure are as follows:
Title Reference: 40072475
Lot Plan
160 CP908649
Area (ha): 0.1658 (ha) Surveyed
Term of Lease: 30 years
Tenancy: TRUSTEE
NOOSA RIVER ENTERPRISES PTY LTD ACN 110693715 AS TRUSTEE UNDER INSTRUMENT
708121382
Tenant Correspondent: Mr Brad Gray
Correspondence Address: cl- O Boat Hire
222 Gympie Terrace
Noosaville QLD 4566
Conditions:
A131 speciFieD CONDITIONS FOR: Lease for a Term of Years
PURPOSE: Marine facility P
STATUTORY CONDITIONS:
Statutory conditions are the general mandatory conditions of a tease and binds the lessee in accordance with
Part 2 Division 1 of the Land Act.
1. Permitted Use: The lessee must use the land only for the purpose for which the tenure was issued under
the Land Act 1994
2. Duty of Care: The lessee has the responsibility for a duty of care, for the land under the Land Act 1994
3. Rent/instalment: The lessee must pay the annual rentinstaiment in accordance with the Land Act 1994 and
the Land Regulation 2009.
For further information on how annual rent is determined, refer to the department's website al
Page 1 of 4
Page 19 of 89Section 20
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
www.dnrm_qid.gov.au
4. Noxious plants: The lessee must keep noxious plants on the land under control. If the lessee does not
comply with this condition, the Minister may bring the noxious plants under control, the cost of which will be
recovered from the lessee.
5. Information to Minister: The lessee must give the Minister administering the Land Act 1994, information the
Minister asks for about the tenure.
6. Monies for improvements: No money for improvements is payable by the State on the forfeiture,
cancellation, surrender or expiry of this lease but money may be payable if the State receives payment from
an incoming lessee or buyer for the improvements on the land. However, the previous lessee may apply to
the Minister to remove the improvements that belong to the lessee, within a period of 3 months from the date
of the forfeiture, surrender, or expiry of this lease. The lessee may only undertake the removal of the
improvements in the presence of an authorised representative of the department, if required by the Minister.
The lessee may only remove those improvements if all monies due from the lessee to the department under
this lease have been paid.
REGULATORY CONDITIONS:
A regulatory condition relates to a lease, in accordance with the Land Regulation.
1. Indemnity: The lessee indemnifies and agrees to keep indemnified the Minister, and the State of
Queensiand and its Representatives, (the "Indemnified parties") against all liability, costs, loss and expenses
including claims in negligence (including any claims, proceedings or demands bought by any third party, and
any legal fees, costs and disbursements on a solicitor and client basis) (“Claim”) arising from or incurred in
connection with:
a. the granting of this lease to the lessee;
b. the lessee's use and occupation of the land; or
¢. personal injury (including sickness and death) or property damage or loss in connection with the
performance (or attempted purported performance or non-performance) of the lease or a breach of
the lease by the lessee.
The lessee hereby releases and discharges to the full extent permitted by law, the indemnified parties from
all actions, claims, proceedings or demands and in respect of any loss, death, injury, illness or damage
(whether personal or property and whether special, direct, indirect or consequential financial loss) arising out
of the use and occupation of the lease.
To the full extent permitted by law, the Minister, the State of Queensland and their Representatives will not
be liable to the lessee for any special, indirect or consequential darmages, including consequential financial
loss arising out of the use and occupation of the lease.
2. Public Liability: The lessee must effect a public liability insurance policy with an insurer authorised under
the Insurance Act 1973 (Commonwealth) or, if not so authorised then only with the Minister's approval, which
can be given or withheld in the Minister's sole discretion, naming the lessee as the insured covering legal
liability for any loss of, or damage to any property and for the injury (including death) to any person arising
out of anything done or omitted on or about the land or any improvements thereon and against all claims,
demands, proceedings, costs, charges, and expenses whatsoever (including claims in negligence) Such
policy must:
a. be for an amount of not less than twenty million dollars ($20,000.000.00) and have no per event
sublimit or such higher amounts as the Minister may reasonably require.
b. be effected on a “claims occurring” basis; and
c. be maintained at all times during the currency of the lease, and upon receipt of any notice of
cancellation, the lessee must immediately effect another public insurance policy in accordance with
the terms of the lease.
The lessee must, as soon as practicable, inform the Minister, in writing, of the occurrence of any event that
the lessee considers is likely to give rise to a claim under the policy of insurance effected and must ensure ,
that the Minister is kept fully informed of subsequent actions and developments conceming the claim.
The lessee must renew such policy, at the lessee’s expense, each year during the currency of this lease.
The condition will be satisfied if the lessee is the State of Queensland or a statutory authority eligible for
cover under the Queensland Government Insurance Fund and is insured and continues to be insured by the
Queensland Government insurance Fund.
This condition will be satisfied if the lessee is the Commonwealth of Australia or a statutory authority eligible
for cover under the Comcover Insurance Fund and is insured and continues to be insured by Comcover.
3. Access: The provision of access, further access or services to the land will not be the responsibility of the
State.
4. Survey Costs: If the land needs to be surveyed or re-surveyed the lessee must do this at their own cost
under the Survey and Mapping Infrastructure Act 2003. This survey plan must be lodged in the land registry
Page 2 of 4
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
within the specified time.
5. Jurisdiction: The lessee is subject to the Land Act 1994 and all other relevant Queensland and
Commonwealth legisiation.
6. Compliance with Laws: The lessee must comply with all lawful requirements of the:
a. Local Government; and
b. any department within the Queensiand or Commonwealth governments (including the department
administering the Land Act 1994), local authority or statutory instrumentality having jurisdiction over
the land, or the development, use and occupation of the land, in regard to its use, occupation and
development of the land.
ae ES
SPECIAL CONDITIONS:
These conditions relate to this lease.
improvements or development on or to the land
1. The lessee must not effect any structural or further structural or excavation improvements on the land,
without the approval of the department administering the Land Act 1994 and any other relevant authority,
having been first obtained.
2. The lessee must within the term of the lease, to the satisfaction of the relevant authorities, maintain
improvements on the land in a good and substantial state of repair,
3. The lessee must remove the improvements and rehabilitate the area to the satisfaction of the Minister / Chief
Executive of the Land Act 1994 , from the date of termination of the tenure.
4. If the lessee fails to remove the improvements and rehabilitate the area as above, the Minister / Chief
Executive administering the Land Act 1994 , can remove the improvements and is hereby authorised to do
whatever is necessary to effect the said removal. The department may recover from the lessee the total cost
incurred in the said removal.
5. The tessee must, to the satisfaction of the Minister administering the Land Act 1994, develop the leased land
in a sustainable manner,
6. The lessee must. protect the leased tand from erosion and effect such works as are considered necessary .
7. The lessee must ensure that the development and use of the land meets with the Planning Scheme, Local
Laws and requirements of the Noosa Shire Council, binding the lessee.
Maintenance of landscape and beautification program
1. If, a8 a result of carrying out works or any other cause attributable to the lessee any maintenance is
undertaken, the lessee must, al the lessees’ expense, restore the leased land to its former condition and take
such other action as is necessary to ensure the stability of the leased land to the satisfaction of the Minister
administering the Land Act 1994,
2. All works constructed in, on, over, through or across and below high water mark within the leased land must
be maintained.
Care, sustainability and protection of the land “
1. The lessee must undertake acid sulphate sol survey prior to commencement of any excavation or drainage
works and notify the Minister administering the Land Act 1994 on discovery of acid sulphate soils.
2. Any person authorised by the State must at all times during the term of the lease, have free and unrestricted
use of all water on the land for any purpose connected with the management of the land or for fire protection.
3. The lessee must not keep, store or permit to be kept or stored on the land any materials of a dangerous.
flammable or explosive nature unless all statutes, local laws and regulations applicable to the keeping and
storage of such materials have been complied with in every respect
4. The lessee must ensure that each and every activity undertaken on the land which has the potential to
pollute and/or contaminate is carried out in such a manner as to prevent this from occurring.
Page 3 of 4
Page 21 of 89Section 22
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Page 22 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
5. The lessee must, at the lessees’ expense and to the satisfaction and requirements of the Department of
Environment and Heritage Protection provide facilities for the disposal and collection ashore of human
wastes and other litter and dry or wet refuse or waste materials from vessels. The lessee may and if required
install an external system to enable the connection to vessels of a line through which sewerage may be ;
pumped to a shore based receival station to enable collection.
6. The lessee must, at the lessees’ expense, maintain a depth of water within the land sufficient to allow such
waters to be freely navigated at the developed depths at all stages of the tide by the classes of the vessels
using the facilities situated therein and should any dredging be required to maintain such depth of water,
then the lessee must, at the lessees’ expense, be responsible for obtaining the relevant statutory approvals
required to permit the carrying out of such dredging and disposal of dredge spoil .
Conversion or renewal of the lease
1. The lessee of this lease is not allowed to make an application for conversion of this lease in terms of the
Land Act 1994.
Tidal requirements
1. The lessee must not in any way interfere with any navigation mark or light erected on the land.
2. The lessee must, to the satisfaction of the Department of Transport and Main Roads, keep the sight line of
any navigation leads which cross the land clear of obstructions. However, with the prior approval of the
Department of Transport and Main Roads, the lessee may make alternative arrangements for relocating any
of the said leads.
3. The lessee must supply, install and maintain, al the lessees’ expense, any navigation lights, buoys, marks
and warning signs which the Department of Transport and Main Roads considers necessary.
4. All works constructed in, on, over, through or across and below high water mark within the land must be
maintained in a good and substantial state of repair.
5. The lessee must at all times take the necessary precautions to ensure that all lights on or above the land are
shielded to prevent glare or reflection which may interfere with safe navigation of surrounding waterways or
with reasonable enjoyment of neighbouring properties .
6. The lessee must not allow any vesse! moored within the land to be used as a permanent place for human
habitation without the prior approval of the Minister administering the Land Act 1994.
7. The lessee must, take all reasonable action to ensure that all vessels attached to moorings within the
boundaries of the land must be moored wholly within such boundaries and that such vessels or any parts
thereof must not encroach beyond the boundaries of the land
Other conditions the Minister considers appropriate
1. The lessee must not carry out or allow to be carried out, any offensive, noxious or noisy occupation or
business, upon the land, in accordance with Environmental Protection Act 1994.
2. IMfatany time, maintenance or repair are being conducted on the leased land that will disturb the free use and
enjoyment of the leased land by the public or will interfere, alter or change any services of gas, water,
electricity, telephone or any other service, the lessee must before commencing such maintenance or repair,
obtain the approval of any relevant authority and must carry out such maintenance and repairs, at the
lessees’ expense and to the requirements and satisfaction of the relevant authorities. ,
3. The lease is issued In accordance with the provisions of section 241C of the Native Title Act 19923 (Cth). In
accordance with section 241C of the Native Title Act 1993, the non-extinguishment principle applies.
Page 4 of 4
Page 22 of 89Section 23
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Page 23 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
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Page 23 of 89Section 24
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Page 24 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Leagqed by
(Dealing No) ehes 20a es, phere SwERE! and felerenee!
Perticulors entered in the Register on the Titles istec below,
{
| | we fie Reterence] Oeserpien
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* As Aegisteres Owner of tts land * As Lessee/s of Miners Homestead >
agree to Mis Plan, # ond dedicele the Public Use Losé at shown hereon ©
in eecerdance with Section SO of the Lend Title Act 1904
| Sigrsture of *Owner/s * Lessee/s
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| NOTE: A Lessee of @ Miners Homestead Is uneble fe geticete Mubic Use Lend, |
; cortities Skat of thn: reqdresmente of Site: Gouna ln Led! Gevurmecet het |
1953, the Locel Gowernmest (Prasning end Envirement) Act 1990 ond cf Loce!
Lows, # and the City of Grisbene Aci 924 and afi Ordinences thereunder, heve
Deen complied with end approves Mis plen ef Subdivision, SUBECT TO
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*lesert the nome of he Looe! Government
@ Delete for Local Gewernments cfher thon the Cily of Brisbane
SURVEY EXAMINATION ORIGINAL GRANT CHARTING LOOSEMENT_ FEES. RESERENCES
EsomnFee§ “5 — Craled Survey Exen $ Lords File
Receigt We, 101906 Lodg. fxan & Ass $ Loca Gevernmen! Reterence :
toe 2 *@ o7 Mew Titles § Sarveyors Reterence
Cepasiled ‘ite é Phetocepy $
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Passed IX awnige TOTAL $ sii |
Page 24 of 89Section 25
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 3
Page 25 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 3
RAG-N ERE
ot —
Queensland
Government
SARA reference: 2204-28387 SRA
Council reference: MCU22/0048 OPW22/0089
Applicant reference: 21280
26 May 2022
Chief Executive Officer
Noosa Shire Council
PO Box 141
Tewantin Qid 4565
[email protected]
Attention: Lisa Pienaar
Dear Ms Pienaar
SARA response—222 Gympie Terrace, Noosaville
(Referral agency response given under section 56 of the Planning Act 2016)
The development application described below was confirmed as properly referred by the State
Assessment and Referral Agency (SARA) on 20 April 2022.
Response
Outcome: Referral agency response — with conditions.
Date of response: 26 May 2022
Conditions: The conditions in Attachment 1 must be attached to any
development approval.
Advice: Advice to the applicant is in Attachment 2.
Reasons: The reasons for the referral agency response are in Attachment 3.
Development details
Description: Development permit Operational work for prescribed tidal works
Material change of use for a landing
(commercial)
SARA role: Referral agency
SARA trigger: Schedule 10, Part 17, Division 3, Table 1 (Planning Regulation 2017)
Sot East Queensland (North) regional
Mike Ahem Building, Level 3, 12 First
Avenue, Maroochydore
Page 1 of 9 PO Box 1129, Maroochydore QLD 4558
Page 25 of 89Section 26
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Page 26 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
2204-28387 SRA
Tidal works or work in a coastal management district
Schedule 10, Part 17, Division 3, Table 2 (Planning Regulation 2017)
Tidal works or work in a coastal management district
SARA reference: 2204-28387 SRA
Assessment Manager: Noosa Shire Council
Street address: 222 Gympie Terrace, Noosaville
Real property description: Lot 160 on CP908649
Applicant name: Noosa River Enterprises Pty Ltd ACN 110693715 As Trustee Under
Instrument 708121382
Applicant contact details: C/- Project Urban (Trish Belt)
PO Box 6380
Maroochydore BC QLD 4558
Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4.
A copy of this response has been sent to the applicant for their information.
For further information please contact Caroline Plank, Principal Planning Officer, on (07) 5352 9709 or via
email [email protected] who will be pleased to assist.
Yours sincerely
/
TNT
|
Jamaica Hewston
Manager
cc Noosa River Enterprises Pty Ltd ACN 110693715 As Trustee Under Instrument 708121382, C/- Project
Urban, trish. [email protected]
ene Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations provisions
Attachment 5 - Approved plans and specifications
State Assessment and Referral Agency Page 2 of 9
Page 26 of 89Section 27
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Page 27 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the plans and specifications referenced below are found at
Attachment 5)
[wo [ondtions «Con ting
Planning Regulation 2017, Schedule 10, Part 17, Division 3, Table 1 — Tidal works or work in a coastal
management district—The chief executive administering the Planning Act 2016 nominates the
Director-General of the Department of Environment and Science to be the enforcement authority for
the development to which this development approval relates for the administration and enforcement of
any matter relating to the following conditions:
The construction of the finger pontoons must be carned out generally | For the duration of the
in accordance with the following plans: ‘works
e Existing Structures Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-03, revision A
e New Site Plan, prepared by Edge Consulting Engineers,
dated 13/10/21, reference 34680-04, revision A
e Vessel Mooring Site Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-05, revision D
« Elevations, prepared by Edge Consulting Engineers, dated
13/10/21, reference 34680-07, revision A
For the proposed works, only use clean materials and ensure that For the duration of the
‘the works do not cause contamination. ‘works
Erosion and sediment control measures which are in accordance For the duration of the
with Best Practice Erosion and Sediment Control (BPESC) works
guidelines for Australia (International Erosion Control Association),
are to be installed and maintained to prevent the release of sediment
to tidal waters.
Should the finger pontoons collapse, fail or otherwise suffer As soon as reasonably
structural consequences which impact their integrity or ability to practicable subsequent
function as intended, the works must be: to the damage
(a) reinstated in accordance with this development approval; or
(b) removed and disposed of at an appropriately licensed
facility.
Submit “As Constructed drawings” to [email protected].gov-.au or mail Within two weeks of
to: the completion of the
Department of Environment and Science works
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Old 4001
(a) In the event that the works cause disturbance or oxidisation | (a) Upon disturbance
of acid sulfate soil, the affected soil must be treated and or oxidisation until
thereafter managed (until the affected soil has been the affected soil
neutralised or contained) in accordance with the current has been
Queensland Acid Sulfate Soil Technical Manual: Soil neutralised or
management guidelines, prepared by the Department of contained
Science, Information Technology, Innovation and the Arts, (b) At the time the
2014. soils have been
(b) Certification by an appropriately qualified person, confirming neutralised or
that the affected soil has been neutralised or contained, in contained
accordance with (a) above is to be provided to
State Assessment and Reterral Agency Page 3ot9
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Page 28 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
[email protected] or mailed to:
Department of Environment and Science
Permit and Licence Management
Implementation and Support Unit
GPO Box 2454
Brisbane Qid 4001
Note: Appropriately qualified person means a person or persons who has
professional qualifications, training, skills and experience relevant to soil
chemistry or acid sulfate soil management and can give authoritative
assessment, advice and analysis in relation to acid sulfate soil management
using the relevant protocols, standards, methods or literature.
Planning Regulation 2017, Schedule 10, Part 17, Division 3, Table 2 — Tidal works or work in a coastal
management district — The chief executive administering the Planning Act 2016 nominates the
Director-General of the Department of Transport and Main Roads — Maritime Safety Queensland to be
the enforcement authority for the development to which this development approval relates for the
administration and enforcement of any matter relating to the following conditions:
The operational work must be carned out generally in accordance For the duration of the
with the following plan: works
e Cover Page, prepared by Edge Consulting Engineers, dated
2/11/21, reference 34680-01, revision O
e Existing Structures Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-02, revision A
¢ Existing Structures Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-03, revision A
e New Site Plan, prepared by Edge Consulting Engineers,
dated 13/10/21, reference 34680-04, revision A
e Vessel Mooring Site Plan, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-05, revision D
e Pontoon Layout Details, prepared by Edge Consulting
Engineers, dated 13/10/21, reference 34680-06, revision A
e Elevations, prepared by Edge Consulting Engineers, dated
13/10/21, reference 34680-07, revision A
e Pile Setout, prepared by Edge Consulting Engineers, dated
13/10/21, reference 34680-08, revision A.
All vessels, structures, plant and equipment associated with the While the works are
construction of the approved works must be lit/marked in accordance | occurring
undertaking the construction works does not cause a risk to the safe
navigation of ships:
(a) any anchors deployed must be marked with yellow buoys
and fitted with FL yellow lights fitted
(b) lighting provided must not obscure, disguise or otherwise
The structure must be lit/marked in accordance with the following At all times
specifications, such that it does not cause a risk to the safe
navigation of other ships:
(a) pedestrian style lighting to gang way and/or retro reflective
tape on pontoon piles
(b) lighting provided must not obscure, disguise or otherwise
interfere with the effectiveness of navigational lighting.
The construction, operation or maintenance of the structure and any | At all times
ship moored at this structure, must not impede the safe navigation of
other ships or restrict safe access to or from neighbouring structures.
(a) Any debris or similar obstruction encountered whilst (a) and (b) At all times
undertaking the work must be disposed of at the applicant's
State Assessment and Referral Agency Page 4 of 9
Page 28 of 89Section 29
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
22625087 SRA
cosh
(b) Al piles andior structures to be demolished, both abowe and
below ihe waledine, mudi be completely exiracediremoved.
Sime Ageesement and Fieteral Agency Page 5 of
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
2204-28387 SRA
Attachment 2—Advice to the applicant
Terms and phrases used in this document are defined in the Planning Act 2016, its regulation,
or the State Development Assessment Provisions, version 3.0. lf a word remains undefined it
has its ordinary meaning.
State Assessment and Referral Agency Page 6 of 9
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for SARA's decision are:
« The development application is for a development permit for operational work (prescribed tidal works)
and material change of use for a landing (commercial). This work is the refurbishment of the existing
boat hire landing at 222 Gympie Terrace, Noosaville (Lot 160 on CP908649) (the subject site).
« The subject site is in the Noosa River and is encompassed by a seabed lease. The subject site
immediately adjoins public reserve land and access is through Ely Park.
e = The refurbishment will not result in an increase or intensity of the existing use, however, will involve
the removal of come of the existing infractructure and conetruction of new infrastructure.
e The subject site ts in a tidal waterway subject to coastal processes and therefore has been assessed
by SARA against the State Development Assessment Provisions (SDAP), version 3.0, State code 8:
Coastal development and tidal works (State code 8). SARA finds that the development complies with
State code 8, subject to conditions to:
oO ensure the development is carried out generally in accordance with the plans of development
oO ensure the development avoids or minimises adverse impacts on coastal resources and their
values
oO ensure landowners are aware they must take responsibility for their damaged property as
they can impact on coastal resources and public safety
0 allow for compliance in relation to what is considered generally in accordance with the
approved plans when preliminary plans are submitted with the application. Development
inconsistent with the approval may have an impact on coastal management that was not
considered in assessment
© ensure any disturbance to acid sulfate soils is managed to prevent impacts to coastal
environments.
e The subject site is in a waterway that is frequented by commercial and private vessels. The subject
site is mapped as a developed marina and a high-risk maritime development zone. The navigation
corridor is in close proximity to the subject site. As such, the development has been assessed by
SARA against the SDAP, version 3.0, State code 7: Maritime safety (State code 7). SARA finds that
the development complies with State code 7, subject to conditions to:
oO ensure the development is carried out generally in accordance with the plans of development
0 ensure that at all times, all lights on or above the development site do not interfere with safe
navigation in surrounding waterways
Oo ensure the safe navigation of other ships and unrestricted access to/from neighbouring
structures
oO ensure the development does not encroach on the navigable waterway in a way that
impedes the safe passage of vessels.
Material used in the assessment of the application:
e The development application material and submitted plans
e Planning Act 2016
e Planning Regulation 2017
e The SDAP, version 3.0, as published by the Department of State Development, Infrastructure, Local
Government and Planning
e The Development Assessment Rules
« SARA DA Mapping system
* Human Rights Act 2019
State Assessment and Referral Agency Page 7 of 9
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2006-25087 SRA
Attachment 4—Change representation provisions
(page: ett indenionaily baad}
Stale: Ansesament and Aeterad Agency Page 8 of a
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
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2304-28087 SRA
Attachment 5—Approved plans and specifications
(page lef interGonally blank}
‘State: Aceeesment and Foetemad Agency Page d of 5
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
2 MCU22/0148 - APPLICATION FOR MATERIAL CHANGE OF USE FOR FOOD AND
DRINK OUTLET (OUTDOOR DINING) AT 2 MEMORIAL AVENUE POMONA
Author Acting Coordinator Planning, Nadine Gorton
Environment and Sustainable Development Department
Index ECM /APPLICATION /MCU22/0148
Attachments 1. Proposal Plan
APPLICATION DETAILS
Applicant Russell Scott Wilson
Zenita Wilson
Proposal Material Change of Use - Food and drink outlet
Properly Made Date 25 August 2022
Information Request Date Not applicable
Information Response Date Not applicable
Decision Due Date 18 November 2022
Number of Submissions Not applicable
PROPERTY DETAILS
Property Address 2 Memorial Ave Pomona Qld 4568
RP Description Lot 1 RP 4348
Land Area 464m²
Existing Use of Land Food and Drink Outlet
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Local Centre
Precinct Not applicable
Local Plan Area Hinterland Villages
Overlays Heritage and Character Area Overlay - Character Area
Assessment Type Code
EXECUTIVE SUMMARY
The proposed development application seeks approval for a Material Change of Use for an
extension to an existing Food and Drink Outlet to formalise the existing outdoor dining areas at
the subject site. No building works are proposed.
Food and Drink Outlet is code assessable development within the Local Centre Zone and is
consistent with the zoning intent for the Pomona town centre. The formalisation of the existing
outdoor use areas triggers two additional car spaces pursuant to the Noosa Plan 2020. The site
provides no onsite carparking spaces, however as the use has historically operated successfully
without onsite carparking and having regard to the surplus of available spaces within the township
Page 34 of 89
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
of Pomona, the proposal is considered to comply with the Driveways and Car Parking code. The
application is recommended for approval accordingly.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0148 for a
Development Permit for Material Change of Use - Food and drink outlet situated at 2 Memorial Ave
Pomona and:
A. Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
prior to the use commencing, and then compliance maintained at all times while the
use continues.
Approved Plans
2. 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
0522WZ - Site Plan / Floor Plan (Outdoor Areas highlighted 11/07/22
Blue), prepared by Accolade Building Designs
Nature and Extent of Approved Use
3. The approved use is a Food and Drink outlet for the outdoor areas and kitchen and
storage areas as shown on the approved plans.
4. The approved use must not operate outside the hours of:
a. 6am to 10pm Sunday to Thursday and public holidays
b. 6am to 12:00 midnight Friday and Saturday
5. Any live music must be contained within an enclosed acoustically treated environment.
6. The approved uses and associated activities must not result in environmental
nuisances such as noise, visual or odour impacts that unreasonably diminish the
amenity of the area or surrounding uses.
Currency Period
7. This development approval lapses if the use has not commenced by 17 November
2028, unless an application to extend the currency period is approved by Council.
REPORT
1. PROPOSAL
This application seeks an approval for a Development Permit for Material Change of Use of
premises for an extension to an existing Food and Drink Outlet. The proposal involves formalising
the use of the outdoor use areas across the site as an extension to the existing Food and drink
outlet currently operating as Pomona Village Kitchen.
The site contains an existing building located at the front of the site which has historically been
used for commercial uses and has existing use rights. The proposed development does not seek
to make any changes to the existing operation of the food and beverage use at the site with the
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
applicant advising that the proposal seeks a retrospective approval to formalise the use of areas
within the site that have historically been used for food and drink outlet purposes.
The rear of the site contains two buildings and existing outdoor dining areas that form part of the
application. The building in the centre of the site, incorporates a small kitchen/bar area with servery
windows and adjoins an existing paved outdoor dining area covered by a skillion roof. The rear
building has been used for a variety of retail purposes including an antiques shop.
The proposed outdoor dining areas are positioned in the middle, side and rear of the premises and
nominated as dining areas 2, 3 and 4 on the proposal plans. The total combined area for Dining
Areas 2, 3 and 4, which form part of this application is 85.8m2.
The use also includes nominating space for a food truck to operate from within the area annotated
as Dining Area 4 (see proposed floor plan - figure 2/ Attachment A).
Figure 1 – Locality
Figure 2 – Floor Plan
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
2. SITE DETAILS
2.1. Background
The commercial building fronting Memorial Avenue was re-built in the 1940s in an art deco style
following a fire that occurred in the street. Historically, the building has been used for a range of
commercial activities including a food and drink outlet and has existing use rights for this purpose.
The building at the rear appears to have been established pre -1945 and the applicant has provided
photographic evidence that the building has been used for a variety of retail purposes.
The applicant has submitted that the outdoor dining areas to the rear of the premises have been
used historically, however a review of Council records does not support this claim. It is noted that
Council staff advised the owners in 2021 that a development application was required for the
outdoor dining area.
2.2. Site Description
The site has an area of 464m2 and 10.058m frontage to Memorial Avenue to the north. The site
includes a main building fronting Memorial Avenue used as a cafe along with outdoor door dining
areas at the rear and side of the building. A shed is located at the rear of the premises and is
currently used as a shop with antique sales.
2.3. Surrounding Land Uses
The site is located within the township of Pomona and is surrounded by a variety of commercial
uses expected within a town centre.
3. ASSESSMENT
3.1. 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;
• Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is consistent
with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
• SEQ Regional Plan
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
• Local Centre Zone Code;
• Hinterland Villages Local Plan
• Business Activities Code
• Works codes
Page 37 of 89
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Locality Provisions
The subject site is located in the Pomona Locality and is zoned Local Centre. The proposed use
is identified as a consistent use with the zone and is required to follow a code assessable
application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below.
Heritage Overlay
The site is mapped as being contained in a Character Area under the Heritage and Character Area
Overlay Map and a review of Council records indicates that there is no building approval for the
centre building and associated shade structure which has an area of 48.6m2. The building has
been assessed against the Heritage Overlay Code and does not impact on the character of the
area or streetscape and is compatible with the area.
Car parking
The proposal involves seeking a retrospective approval to formalise the use of areas (beyond the
main building) within the site that are currently being used for food and drink outlet purposes.
Car parking requirements for a Food and drink outlet under The Noosa Plan 2020 are calculated
based on use area, excluding kitchen and food storage areas.
The proposed development will involve the following areas
• Kitchen/Bar Area: 14.45m2
• Dry Store: 2.79m2
• Outdoor Dining Area 2: 40.5m2
• Outdoor Dining Area 3: 21.0m2
• Outdoor Dining Area 4: 24.3m2
The total use area (excluding kitchen and storage areas) for the new areas is 85.8m2. The Noosa
Plan details the car parking rate for a Food and drink outlet as 1 space per 20m2 of use area and
therefore a total of 4 car parking spaces is applicable to the proposal. There is currently no onsite
carparking and it is unfeasible to provide additional carparking on the site due to the existing built
form.
The existing building at the front of the site was previously utilised for a shop and has an area of
130m2 which equates to 7 carparking spaces. The building has been renovated with kitchen and
storage areas of 42m2 installed which reduces carparking demand of this building by 2 spaces.
The proposed new outdoor dining areas are therefore 2 carparking spaces short.
It is considered that the development can operate without the provision of onsite carparking, as
evidenced by the adequate provision of alternative car parking within the township and the
business’s ability to maintain customers over the years despite not providing any onsite carparking.
It is likely that many of the customers of the business would be multi-trip customers accessing the
other shops and services that exist within the township of Pomona. In support of the proposal the
applicant also submits:
• the proposal only seeks to formalise the use of areas within the site that have historically
been used for food and drink outlet purposes. In this regard, it does not involve any expansion
of use areas or intensification of the use;
• there is sufficient on-street parking opportunities within the township of Pomona to cater for
the main street businesses, of which are unable to accommodate off-street parking.
• the existing on street parking opportunities along Memorial Avenue and Station Street
adequately meet the needs of the use and can be utilised in a safe and effective manner.
Page 38 of 89
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
• the use is located in main street of Pomona and in this regard well serviced by pathways and
public transport infrastructure; and
• there is historical evidence that the rear yard area has been used for business purposes
earlier that than 2006, with a very elderly customer confirming that they held their wedding
in the yard area in 1937 and another customer confirming that it operated as a ‘milk bar’ in
the 1970s. Consequently, the proposal would not result in an increased demand to what
could be reasonably expected throughout the historically of the premises.
The application is considered to meet the performance outcomes of the Driveways and Parking
Code and due to the site constraints, maintenance of the existing building and surrounding
carparking in the township and no further contribution is required.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
4.3. Public Notification
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The application seeks approval for a Material Change of Use for an extension to an existing Food
and Drink Outlet at Pomona to formalise the existing outdoor dining areas at the subject site.
The proposed outdoor dining areas and use of the site are consistent with the intent of the zone
and triggers the requirement for the provision of two additional car spaces under The Noosa Plan
2020. The site has no existing onsite carparking spaces nor the ability to provide additional
carparking, however as the use has historically operated successfully without onsite carparking
and taking into consideration the available spaces within the township of Pomona, the proposal is
considered to comply with the Driveways and Car Parking code. The application is recommended
for approval accordingly.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 39 of 89
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 1
Page 40 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 1
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NOT FOR CERTIFICATION
Page 40 of 89Section 41
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
3 MCU22/0115 APPLICATION FOR MATERIAL CHANGE OF USE FOR A BAR AT 1-3/9
RENE STREET NOOSAVILLE
Author Acting Coordinator Planning, Nadine Gorton
Environment and Sustainable Development Department
Index ECM/ Application/MCU22/0115
Attachments 1. Proposal Plans
APPLICATION DETAILS
Applicant Weir Distilling Company Pty Ltd
Proposal Material Change of Use - Bar
Properly Made Date 30 June 2022
Information Request Date 27 July 2022
Information Response Date 8 September 2022
Decision Due Date 6 December 2022
Number of Submissions 1 properly made and 1 not properly made
PROPERTY DETAILS
Property Address 1-3/9 Rene St Noosaville Qld
RP Description Lots 0 - 3 on BUP 5337
Land Area Lot 1 - 94m²
Lots 2 and 3 - 90m²
Lot 4 - 1012m²
Existing Use of Land
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Impact Industry
Precinct Not applicable
Local Plan Area Noosaville Local Plan Code
Overlays Acid Sulfate Soils
Assessment Type Impact
EXECUTIVE SUMMARY
This application seeks a Development Approval for a Bar to operate in association with an existing
Distillery known as Seabourne on an industrial site in the Rene Street. The proposed Bar is an
inconsistent use in the Medium Impact Industry zone and entertainment activities are generally not
supported due to the potential for reverse amenity impacts on existing industrial businesses,
parking and traffic conflicts and a reduction in land available for industrial uses.
The Noosa Plan provides support for ancillary uses where they are subordinate to industrial uses
and are small scale, however the area of the use and numbers of patrons and non-compliance with
parking as proposed by the applicant are not considered to meet the relevant provisions and intent
of the industrial zone. It is considered that the imposition of conditions requiring a reduction in
patron numbers and hours of operation will ensure the use remains ancillary to the distillery and
Page 41 of 89
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
does not become a standalone entertainment venue. The application is recommended for approval
subject to conditions.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0115 for a
Development Permit for a Material Change of Use - Bar situated at 1 - 3/9 Rene St Noosaville and:
A. Approve the application in accordance with the following conditions:
When Conditions Must Be Complied With
1. Unless otherwise stated, all works required by the conditions of this Decision Notice
must be completed prior to the use commencing, and then compliance maintained at
all times while the use continues.
2. The patron use area for the consumption of food, drink and alcohol and/or congregation
is limited to a 60m² seating area (excluding the bar area) with a maximum seating for
30 persons. The queuing area external to the building is not approved and all queuing
must be provided inside the building. Amended plans are to be provided to the Manager
of Development Assessment prior to the use commencing detailing the proposed
seating area of the bar.
Approved Plans
3. 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
A103 AO6 Site Plan Prepared by Collins Building Designs 19.08.2020
A105 AO6 Proposed Floor Plan Prepared by Collins Building 19.08.2020
Designs as amended by Council
A107 AO6 Proposed Floor Areas Prepared by Collins Building 19.08.2020
Designs as amended by Council
LL00 A Proposed Landscape Key Plan Prepared by Lark 29.06.2022
Landscape Architecture and Urban Design
LL01 A Proposed Landscape Plan Prepared by Lark Landscape 29.06.2022
Architecture and Urban Design
LL02 A Proposed Planting Schedule Prepared by Lark 29.06.2022
Landscape Architecture and Urban Design
Nature and Extent of Approved Use
4. The Bar must operate at all times in association with the Distillery use within Lots 2 and
3 on BUP5337. If the associated Distillery use ceases, the Bar use must cease.
5. All activities associated with the bar are to be undertaken inside the building. The
landscape areas and parking areas are not to be used for any activities associated with
the bar use. No food trucks or entertainment are to be setup in the landscape, driveway
or parking areas.
6. The 60m² seating area is only permitted to be used by patrons who have booked a time
slot for a table booking and these will be limited to 2 hours.
7. The approved use must not operate outside the hours of Friday, 4:00pm to 10:00pm
and Saturday and Sunday 12:00 noon to 10:00pm.
8. The sale and/or consumption of alcoholic products is limited to those alcoholic products
produced by the associated Distillery use. Any alcoholic beverages that are not
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
produced as part of the Distillery use on the site must not be sold with the exception of
other alcoholic products used to make drinks with products distilled on site. Non-
alcoholic mixers are able to be used on site.
9. Only finger type/snacks/platters/ bar food are permitted to be sold and/or consumed on
site.
Landscaping
10. The area at the front of the site is to be landscaped in accordance with the approved
plans.
Lighting of External Areas
11. During operating hours, all parking areas, pedestrian areas and entrances/exits must
be well lit with vandal resistant lighting and with intensities to satisfy the requirements
of Australian Standard AS1158 “Public Lighting Code”. Lighting must be designed to
reduce the contrast between shadows and well lit areas.
Noise Management
12. Noise from the Bar, including amplified or non-amplified noise and patron noise must
not exceed:
Continuous Noise
• daytime (0700 to 1800 hours): 41.9 + 0 = 42 dB(A) LA10,adj,T;
• evening (1800 to 2200 hours): 46.6 + 0 = 47 dB(A) LA10,adj,T
Time Varying Noise
• daytime (0700 to 1800 hours): 41.9 + 5 = 47 dB(A) LA10,adj,T;
• evening (1800 to 2200 hours): 46.6 + 5 = 52 dB(A) LA10,adj,T
Staff Numbers
13. A maximum of 2 staff for the Bar use are to be on site at any one time.
Currency Period
14. The Currency Period for this development approval lapses if the use has not
commenced by 17 November 2028, unless an application to extend the currency
period is approved by Council.
External Works
Car Parking
15. A minimum of 5 car parking spaces and 2 scooter spaces must be provided and marked
on the site and made available and accessible at all times while the use is open for
business. The works must be undertaken in accordance with an Operational Works
approval and must include in particular:
a. The car spaces and scooter spaces as shown on the approved plans
b. The car space located directly adjacent to the building and loading dock area
dedicated to “staff”
c. dimensions, crossfalls and gradients in accordance with the relevant Australian
Standard
16. All car parking areas and access driveways must be maintained exclusively for vehicle
parking and manoeuvring and kept in a tidy and safe condition at all times.
17. Directional signage must be provided to direct visitors and customers to the car parking
spaces provided on site.
Service Vehicles
18. Service vehicle parking, manoeuvring and standing spaces must be provided on the
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
site. The areas must be provided in accordance with figure 5.1 of the submitted Car
Parking Assessment reference 20401 prepared by Rytenskild.
Pedestrian and Bicycle Facilities
19. Pedestrian and bicycle facilities must be provided for the development. The works must
be undertaken in accordance with an Operational Works approval and must include in
particular:
a. a total of 2 bicycle parking spaces
Stormwater Drainage
20. Stormwater runoff from the new hardstand areas must be connected to the existing site
stormwater drainage system.
Easements
21. Unless otherwise agreed in writing by the relevant service provider, any public or third
party infrastructure located on the subject site must be placed within an easement
registered against the title of the property.
22. All easements must be designed in accordance with the planning scheme and granted
at no cost to the Grantee. Where the Grantee is Council or a service authority, the
easement documentation must be in accordance with the Grantee’s standard
easement terms. Draft easement documentation must be submitted to Council for
endorsement.
23. All works must be kept clear of any existing or proposed easements on the subject
land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
24. All retaining walls that are publicly accessible, located on site and exceed 1.0m in
height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
25. Any damage caused to existing services and assets as a result of the development
works must be repaired at no cost to the asset owner at the following times:
a. where the damage would cause a hazard to pedestrian or vehicle safety,
immediately; or
b. where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and
assets must first be referred to the relevant service authority for approval.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REASONS TO JUSTIFY THE DECISION DESPITE THE CONFLICT WITH THE PLANNING
SCHEME
Find the following matters relevant to the assessment and sufficient reason to approve the
application:
1. The proposed bar is in an area that is zoned Medium Impact Industry under the Noosa Plan
2020, and a range of industrial uses either established now or in the future may generate
noise, odour, dust, waste nuisance or the like. These industrial businesses will not be
required to include additional mitigation measures to address the potential impacts from
these industrial uses on the bar, given they should reasonably be expected.
2. Conditions have been imposed to ensure the proposed bar is to operate in association with
and ancillary to an existing industrial use on the site.
Page 44 of 89
Section 45
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
REPORT
1. PROPOSAL
The application seeks a Development Approval for a Material Change of Use – Bar to operate in
association with an existing Distillery known as Seabourne on the site at Rene Street, Noosaville.
The applicant describes the proposal as:
The proposal seeks approval to operate a Bar within Tenancy 1 of the existing building, which will
be directly associated with, and remain subordinate to, the gin distillery premises currently
operating onsite within Tenancies 1, 2 and 3.
The Bar will involve the sale of alcoholic beverages, predominately created using the Seabourne
Gin product that is manufactured onsite within the existing building. The aim of the Seabourne
Distillery is to become one of Australia’s most highly regarded gin distilleries and to be a premier
Queensland distillery. Accordingly, the distillery benchmarks themselves against notable premium
distilleries, such as Four Pillars, Never Never and Archie Rose. Distillation/manufacturing of
gin/aperitifs will occur five (5) days a week to supply Australian restaurants and bars, while also
providing stock for Australian and International wholesale businesses. The main focus of the
operation will always be distillation/manufacturing, with the weekend objective being for brand
awareness by turning the Seabourne Gin distillery into a destination for education and product
sampling. This will be achieved by supplying gin-based beverages to the cliental and educating
them on the distilling process and how the product can be used to make cocktails with varied types
of gin at home.
The operational aspects of the proposal include:
• Restaurant style seated booking only
• 40 person maximum
• Bar area of 85.1m2
• Limited provision of food items for sale and small range of non-alcoholic mixers
• Hours of operation:
o Friday - 4pm to 10pm
o Saturday and Sunday - noon to 10pm
• Staff:
o Bar – 2 staff
o Daily operation – 3 staff
• Up to 8 deliveries per week
• 5 carparking and 3 motorcycle spaces on site
• Bicycle rack at rear of site
The locality and proposal plans are included below:
Page 45 of 89
Section 46
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Figure 1 – Locality
Figure 2 – Site Plan
Page 46 of 89
Section 47
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Figure 3 – Floor Plan
Figure 4 – Current internal layout (source Seabournedistillery.com.au)
2. SITE DETAILS
2.1. Background
The original industrial building was developed circa 1982 and has been used for a number of
industrial uses since construction. The existing distillery was established under the 2006 Noosa
Plan as an Industrial Business Type 2 - Production, alternation, repackaging & repairing.
Two formal pre-lodgement meetings have been undertaken for use of the site as a food and drink
outlet/ bar. Both pre-lodgement meetings detailed that the proposed use was considered a bar as
the scale was not considered ancillary to the industrial use and that a bar was an inconsistent use
in the industrial zone. Planning staff also noted:
• The Court approval for the 20/20 Distillery (Cooroy) does not permit the sale and/or
consumption of products other than those produced by the distillery use. Non- alcoholic
mixers could be added to the distilled product.
Page 47 of 89
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
• Distillery tours/Educational classes could be undertaken where ancillary.
• Private functions not supported
• Tastings to remain ancillary
• Impacts on noise and carparking would need to be assessed.
Further verbal discussions and meetings were subsequently held with Planning staff prior to
lodgement of the application discussing the scale, landscaping, carparking, noise and operational
aspects.
2.2. Site Description
The subject site comprises 4 tenancies and associated carparking areas located in an existing
single storey industrial building on the eastern side of Rene Street, Noosaville. The front 3
tenancies are currently used by the Seabourne Distillery with the fourth tenancy at the rear of the
used for industrial purposes. A driveway extends along the southern boundary of the site and
provides direct access to industrial uses on site.
2.3. Surrounding Land Uses
The site is located in the Rene Street industrial area and is surrounded by industrial buildings and
uses.
3. ASSESSMENT
3.1. 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;
• Noosa Plan 2020.
4. State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint. The proposal is consistent with the regional policies
of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
4.1. Statutory Instruments – Planning Scheme
The site is located in the Noosaville Locality and is zoned medium impact industry in which a bar
is an inconsistent, impact assessable use. The application must be assessed against the whole
of Noosa Plan 2020 to the extent the provisions are relevant to the development.
The pertinent issues arising out of the assessment are discussed below:
Land Use
The purpose and overall outcomes of the Noosaville Local Plan Code details the following:
(o) Development in the Low impact industry zone and the Medium impact industry zone
accommodates a broad range of industry and business uses, avoiding negative
impacts on the amenity of nearby residential areas.
Page 48 of 89
Section 49
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
(p) Activities in industry zones provide important services and products to the community
and provide a range of employment types.
The Code also details more specific requirements in the Performance Outcomes including PO15
which states:
PO15 Development in the Low Impact Industry zone and the Medium Impact Industry zone:
a) provides a range of enterprises that contribute to the economic diversity of the Shire
and local employment options;
b) provides important industries and service-related functions to the whole of Noosa Shire
but particularly the coastal area;
c) offers a range and diversity of employment types;
d) does not accommodate uses better located in a centre zone
e) does not detract from the safe function or amenity of Eumundi Noosa Road, Walter
Hay Drive or Eenie Creek Road; and
f) does not accommodate uses that would harm the environment, including Eenie Creek,
Lake Doonella and Lake Weyba, through excessive pollutants.
The applicant submits that the proposed bar complies with PO15 on the following basis:
• The proposed Bar contributes to the diversification of the local economy, given that a gin
distillery with associated food and beverage provision attached is not provided in the
Noosaville locality at present. Further, the introduction of a Bar that is operational outside
standard business hours onsite, enables the efficient use of industrial land for activities that
are ancillary to manufacturing activities undertaken during the day on weekdays
• The proposal contributes to a range and diversity of employment types, with manufacturing
staff present onsite during business hours and Bar staff present onsite during the operational
hours of the tasting area;
• The proposed Bar cannot be accommodated in a Centre Zone on the basis that it is intended
to be operated in direct association with the gin distillery business onsite, which is an
industrial use able to be located in an industrial zone only;
• The subject site is not located on Eumundi Noosa Road, Walter Hay Drive or Eenie Creek
Road. As such, the proposed development will not detract from the safe function or amenity
of these roads; and
• The proposed Bar use will not harm the environment, on the basis that it does not result in
the release of emissions from the site.
The purpose of the Medium Impact Industry is to provide for medium impact industry and other
uses and activities that support industrial activities and do not compromise the future use of
premises for industry activities. The overall outcomes further state that development is to facilitate
the efficient use of land for medium impact industries and supporting ancillary uses.
The inclusion of non-industrial activities in industrial precincts are generally not supported and in
the past have created a number of issues including reverse amenity impacts on existing industrial
businesses, parking and traffic conflicts and a reduction in land available for industrial uses.
The Noosa Plan 2020 does not support the inclusion of entertainment activities in this location,
however it does support small ancillary retail sales and ancillary food and drink uses where they
are not greater than 30% of the total gross floor area of the site or 60m2 whichever is the lesser.
Whilst a small section of the front of the premises for tasting of the product manufactured on site
is considered appropriate, concerns are raised as to the number of patrons (40 persons) proposed.
The proposed bar area comprises 31% of the industrial tenancy floor area excluding the external
queuing area (16m2) at the front of the site and at this scale is not considered to be ancillary.
A Bar is an entertainment activity under the Noosa Plan and is defined as:
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Bar means the use of premises, with seating for 60 or less people, for—
a) selling liquor for consumption on the premises; or
b) an entertainment activity, or preparing and selling food and drink for consumption on
the premises, if the use is ancillary to the use in paragraph (a).
The existing industrial activity (distillery) is a small boutique business that has a total gross floor
area of 255m2. A bar is a more intensive use than a food and drink outlet and based on the small
scale of the industry and limited parking available on site, the numbers of patrons is not considered
small scale and does not fit well into the internal space detailed on site.
It is noted that a number of breweries with ancillary food and drink uses and bars have been
approved within the Industry zone including:
• MCU16/0112 - Heads of Noosa (Industrial Business Type 2 and Entertainment & Dining
Business Type 1) at Rene Street, Noosaville
• MCU16/0133 - Land & Sea (Industrial Business Type 2 and Entertainment & Dining Business
Type 1 and Ancillary Dwelling unit) at Venture Drive, Noosaville
• MCU18/0157 – Boiling Pot Brewery (Entertainment & Dining Business Type 3 Bar and
Industrial Business Type 2- Brewery) at Venture Drive, Noosaville
• MCU19/0134 – 20/20 (Entertainment and Dining Business Type 3 Bar – approved by Court
Order) at Taylor Court, Cooroy.
The above applications were approved on the basis that the scale of food and drink/bar were to
remain ancillary to the predominate industrial use and associated car parking requirements were
able to be provided for on site. It is noted that MCU19/0134 for a Bar at Taylor Court, Cooroy,
whilst approved under the superseded planning scheme, is restricted to a maximum of 20 patrons
and an area of 21m2 which is equivalent to 10% of the floor area of the subject site.
To ensure the bar is an ancillary use, it is recommended that a defined seating area of 60m2
(excluding the actual bar area) is provided and the number of persons able to utilise the site at one
time reduced to 30 persons.
Conditions similar to those approved on MCU19/0134 for Taylor Court have been included in the
recommendation.
Carparking
A total of 10 carparking spaces and 3 scooter spaces are required for the industrial uses and the
proposed bar on site. The applicant has provided 5 spaces at the front and 3 scooter spaces at the
rear of the site which results in a total shortfall of 5 spaces for the entire development.
A Carparking Assessment has been submitted as part of the application which concludes that the
proposed carparking is sufficient to cater for typical weekday operations as well as staff. The report
details that the proposal is 2 spaces short, as it has not included the area of the fourth tenancy
(which is not part of the application) in the calculations as it will generally not be operating at the
same time. The Carparking Assessment details that there is very low demand for on-street
carparking in Rene Street from 5pm on weekdays, that the street is close to empty on weekends
and 35 spaces area available in walking distance from the site. Refer figure 5 below.
Whilst there is some merit in the applicant’s arguments, previous applications for entertainment
uses in the industrial zone were supported where the use was small scale, ancillary to the industrial
use and the required number carparking spaces were provided on site. The proposed use does
not comply with carparking requirements and it is recommended the area of the site to be used for
bar purposes be reduced to ensure the proposal is consistent with scheme requirements and does
not impact on the surrounding area. A reduction in the floor area for seating to 60m2 will be
consistent with the Medium Impact Industry Zone Code which refers to ancillary uses as better
reflects carparking requirements.
Page 50 of 89
Section 51
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Figure 5 – On- street carparking areas
Noise
A noise report was not provided with the application, however based on the hours of operation,
the limited scale of the use, all activities located inside and the location of the nearest dwelling
255 metres from the site, it is considered that appropriate conditions can be imposed to ensure
noise does not impact on the surrounding area.
5. CONSULTATION
5.1. Referral Agencies
Not applicable
5.2. Internal Council Referrals
Page 51 of 89
Section 52
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
The application was forwarded to Councils Coordinator Engineering who advised that:
• There is no footpath across the frontage of the site and patrons may utilise public transport
(as indicated in the applicants Carparking Assessment. It is noted that the footpath will not
connect to the existing footpath two lots to the north and it may be unreasonable to condition
the approval.
• The existing gate impacts on the new carparking space on site and this space should be
dedicated to staff.
Due to the limited hours of operation and reduced area and number of patrons the imposition of
footpath across the site is not considered reasonable.
5.3. Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning
Act 2016. One properly made submission and one not properly made submission were received.
The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised Comments
There is limited parking on site and therefore The submitters comments are noted however as
pedestrian access needs consideration. The detailed above, due to the restrictions on operations
existing footpath is not suitable for pedestrian and the conditioned small scale of the use, the
use. imposition of a condition for a footpath is not
considered reasonable.
Boundary fence (retaining wall) is not fenced Whilst the retaining wall is existing, the submitters
and concerns are raised as to people walking comments are noted and a condition has been
and visiting the site. included requiring the wall to be fenced for safety
reasons.
Concerns are raised as to the security of It is agreed that the bar use will bring additional
machinery stored on neighbouring industrial people into the industrial area however the
uses due to the bar use. conditioned small-scale nature of the use will ensure
that patron behaviour is able to be appropriately
monitored. Further it is noted that the proposal is not
for a traditional bar and is an ancillary use that
promotes the products manufactured on site.
6. CONCLUSION & REASONS FOR DECISION
The proposed Bar is an inconsistent use in the Medium Impact Industry zone as detailed in the
Noosa Plan 2020. The Noosa Plan 2020 supports ancillary uses where they are subordinate to
industrial uses and are small scale, however the area of the use and numbers of patrons as
proposed by the applicant are not considered to meet the relevant provisions and intent of the
industrial zone. It is considered that the imposition of conditions requiring a reduction in patron
numbers and hours of operation will ensure the use remains ancillary to the distillery and does not
become a standalone entertainment venue. The application is recommended for approval subject
to conditions.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 52 of 89
Section 53
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 1
Page 53 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 1
|
| Lot 2 | j
existing { RP 150247 | |
tree | |
| | |
a
extting retaining wall 100mm high | {J "
Oe : |
- I*. Fen | | tel Fallte
57 aE TF
uw 1. Do ooron | | | |
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w ee BUP 5237 Lot 2 ‘ooter | |
CoN | | BUP 5327 Lota parting
a existing | o &@ id | BUP 5337 \- )
- tree | @@s — | | 5 |
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proposed planting by & ay || 2° | | \° |
land:cape designer — oe e a | °
w 2s | |
2 | Lot 0 |
: | BUP 5337 |
driveway |
Ww
a es +
existing retaining wall -1700mrn below FFL |
| |
| |
| Lot 29 | |
| RP 220074 | |
' { |
Council Approval
“Do rcticale othe crawing Drawing Title: 5
Building works must comely with CO L L | N S see Ged Lot 1-3 on 9 Rene St, Noosaville
—— A ————————— BUILDING DESIGNS Movsen wer bse‘ wwoa200 [revs A103
ing: 5 fd > 7 a a
Collins Building Designs. GBCC oT ..~00Crr”’”-070nwnnwnnNnNnwnmnmnnNn””vwvnnwvwv’. [email protected] Date: 19.08.2020 |Rev: A0é.
Licence 215034167 - Mitchell Collins. Mob: 0474 141 348
Page 53 of 89Section 54
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Page 54 of 89
| Lot2 } )
35806 RP 150347
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7612 5441 450, 5616 0 6422 190 6437 200 6359 3750 «250 | |
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250 11434 250 $170 100 3015 100 3020 10155i200 6359 250 |
H 11684 Hi 20122 i
|
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: | |
| Lot 20 | |
| RP 220974 | I
| |
Council Approval
Do not scale off this drawing. DRAWING REVISIONS Drawing Title: Project
Check all dimensions on sie. All REV ‘DATE DESCRIENON’ Proposed Floor Plan lot aon?R SEN iN
Building works must comply with OT I-5S On 7 RENE Noosaville
cument 5.C.A 2 AS Standard: oo Onentation: | Client:
i ‘ —— > . —. Js
Mi drawings ore copii ond _—=A Spa TNH" BUILDING DESIGNS Hayden Weir Scale: 1=200 @ A3 |Drawing No:
gre owned and conirolied by | — . 19 A ] 05
Collins Building Desians. BCC [7 [email protected] Date: 08.2020 |Rev: A06
Licence 215034167 - Mitchell Collins. Mob: 0474 141 348
Page 54 of 89Section 55
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Page 55 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
oe oe oo
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Industry = 61%
Bar Area = 31% uP 5927
Laboratories = 8%
Council Approval
Soa wees Poor Pow hea a
Buicina works must comply with —— CO L L| N S sx Lot 1-3 on 9 Rene St, Noosaville
Cote Bata Desa GOCC -_—-+fp4-- eeerolr tural | " bore. ee eer ‘Al O07
Alldrowinas are eopytiah and Fp ps Hayden Weir ‘Scale: «1: 100 @A3 |DrawingNo:~ 7 A
Page 55 of 89Section 56
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
6. REPORTS FOR NOTING BY THE COMMITTEE
4 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
SEPTEMBER 2022
Author Acting Development Assessment Manager, Patrick Murphy
Environment and Sustainable Development Department
Index ECM/Subject/ All Applications
Attachments 1. List of Applications decided by Delegated Authority – September
2022
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Acting Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 8 November 2022 regarding planning applications that
have been decided by delegated authority.
REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
a) an application for a variation request mentioned in section 61 of the Planning Act 2016 to
vary the effect of the planning scheme;
b) the approval of an application where there is substantial non-compliance with a stated policy
of the Council or a high order provision of the Planning Scheme being a desired
environmental outcome, or an overall outcome of a code;
c) the refusal of any application where Council is the assessment manager;
d) requests for change representations, and change applications to change or delete conditions
that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e) and an application for a proposed development of significant community interest.
It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.
Attachment 1 lists applications that are decided by delegated authority during the month of
September 2022 (excluding applications seeking to remove a tree(s) adjacent to a building or
structure):
Previous Council Consideration
Page 56 of 89
Section 57
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Council receives monthly reports on planning applications that have been decided by delegated
authority.
Finance
Nil.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 57 of 89
Section 58
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 1
Page 58 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 1
Decision Issued Under Delegated Authority
1 Application ID- §1901.4513.02
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Maluzo P/L TTE
Registered Plan: BUP 5574, Lot 1 BUP 5574, Lot 2 BUP 5574, Lot 3 BUP 5574
Location: Bridlington 196 David Low Way Peregian Beach
Proposal: Change to DA - 3 units to 2 Multiple Dwelling - Miluzo Pty Ltd - Adams + Sparkes Town
Decision: hemoeed
Decision Made Date: 30/09/2022
2 ApplicationD: 5198910820
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Carma Building Group
Registered Plan: Lot 1 SP 141238
Location: 25 Nannygai Street, Noosaville
Proposal: DNA 153 - Change to Development Approval (Demolish & Rebuild 2 x units - 15 & 18
(Retirement Village) - Carma Building Group Pty Ltd
Decision: Approved
Decision Made Date: 23/09/2022
3 ApplicationD: 5199929402 -
Application Type: Material Change of Use - Minor Change to Approval
Applicant: lan John Altschwager, Mary Anne Jolley
Registered Plan: Lot 2 GTP 102586, GTP 102586
Location: Retreat Peregian 2/390 David Low Way Peregian Beach
Proposal: TPC 2209 - Change to DA — Alteration & Additions Unit 2 (Group Housing Development -
21 Units) - Brennan Planning
Decision: Approved
Decision Made Date: 14/09/2022
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4 ~~ Application ID: 51989.338.01
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Nonad Financial Services P/L TE
Registered Plan: Lot 4 RP 223289, Lot 3 RP 223289, Lot 5 RP 223289
Location: 16, 25 & 36 Gokdburg Court Noosaville
Proposal: TPC 2262- Change to DA - Relocate Approved Putt Putt Area, Provide Ancillary Kiosk &
Seating & Alter Layout of Existing Par 3 Course - Nonad Financial Services Pty Lid ATF -
Martoo Consulting
Decision: Approved
Decision Made Date: 06/09/2022
5 Application ID: §1995.1473.01
Application Type: Material Change of Use - Minor Change to Approval
Applicant: Nonad Financial Services P/L TE
Registered Plan: Lot 5 RP 223289, Lot 3 RP 223289, Lot 4 RP 223289
Location: 16, 25 & 36 Gokdburg Court Noosaville
Proposal: TPC 2811 & 00887 - Change to DA - Relocate Approved Putt Putt Area, Provide Ancillary
Kiosk & Seating & Alter Layout of Existing Par 3 Course - Nonad Financial Services Pty Ltd
ATF - Martoo Consulting
Decision: Approved
Decision Made Date: 06/09/2022
6 = Application ID: DBW21/0111
Application Type: Building Works - Code
Applicant NND Constructions
Registered Plan: Lot 1 SP 226616
Location: 32 Willawong Place Cooran
Proposal: Shed & 2 Carports (GFA exceediing 500 sqm), Setbacks & Landslide - NND
Constructions - Project BA
Decision: Approved
Decision Made Date: 05/09/2022
Page 2 of 13
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
7 Application ID: DBW22/0048
Application Type: Building Works - Code
Applicant: Bronwyn Margaret Wood, Alan James Wood
Registered Plan: Lot 21 SP 152370
Location: 18 Akuna Lane Cooran
Proposal: Secondary Dwelling (Outside of Building Envelope) - Alan & Bronwyn Wood -
Brennan Planning Pty Ltd
Decision: Approved
Decision Made Date: 15/09/2022
8 ApplicationID: | DBW220079, 0
Application Type: Building Works - Code
Applicant: Core Building Certification
Registered Plan: Lot 5 RP 69150
Location: 11 Ann Street Noosaville
Proposal: Dwelling House (Setbacks, Parapet & Eaves) - Core Building Certification Pty Ltd
Decision: Approved
Decision Made Date: 21/09/2022
9 ApplicationiD. 0BW22008
Application Type: Building Works - Code
Applicant: Noosa Council Property Services
Registered Plan: Lot 301 SP 140491
Location: Boreen Point Holiday Park 1 Esplanade Boreen Point
Proposal: Shed (Biodiversity) - Noosa Council - Brennan Planning Pty Lid
Decision: Approved
Decision Made Date: 16/09/2022
Page 3 of 13
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10 Application ID- DBW22/0096
Application Type: Building Works - Code
Applicant: Project BA
Registered Plan: Lot 18 RP 59170
Location: 23 Wygani Drive Noosa North Shore
Proposal: Shed - Flood, Eaves, Setback & Demolition - Project BA
Decision: Approved
Decision Made Date: 19/09/2022
11 ApplicationiD: -DBW20007,—O—C—CS:‘“‘ 2LSt*t'tit
Application Type: Building Works - Code
Applicant: Project BA
Registered Plan: Lot 4 SP 246657
Location: 24 Jackeroo Court Pomona
Proposal: Shed within 40m of Waterway - Project BA
Decision: Approved
Decision Made Date: 30/09/2022
42 Application. | OBWw220100,
Application Type: Building Works - Code
Applicant: LilleyBarn Projects Pty Ltd
Registered Plan: Lot 218 RP 171781
Location: 12 Milpera Retreat Noosa Heads
Proposal: Alterations & Additions to Dwelling House (Parapet) - LileyBam Project Pty Ltd - Gilvear
Planning Pty Ltd
Decision: Approved
Decision Made Date: 21/09/2022
Page 4 of 13
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13 Application ID- DBW22/0106
Application Type: Building Works - Code
Applicant Federal Memorial Hall Inc
Registered Plan: Lot 320 SP 187329
Location: Federal Hall 2 Skyring Creek Road Federal
Proposal: Playground Installation - Heritage Place - Federal Memorial Hall & Community Centre
Decision: Approved
Decision Made Date: 28/09/2022
44 Application. + +DBW22014 =2=~2°2°2*~”~“<C<CSC*‘<C 7]WFTT
Application Type: Building Works - Code
Applicant: Narellan Pools Sunshine Coast
Registered Plan: Lot 1 SP 205365
Location: 155 Middle Creek Road Federal
Proposal: een emt Protenaianal Corttention
Decision: Approved
Decision Made Date: 14/09/2022
45 Application: + +«-0BW220199 ¢@2*2~C~:tC<C<C;<C;+2CS~S*“‘NSNSNOOOOOO
Application Type: Building Works - Code
Applicant: Alliance Homes Pty Ltd
Registered Plan: Lot 8 RP 216403
Location: 24 Kabi Road Cootharaba
Proposal: Dwelling House (Ag Land) - Alliance Homes Pty Ltd - Suncoast Building Approvals
Decision: Approved
Decision Made Date: 28/09/2022
Page 5 of 13
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16 Application ID: EXE22/0013
Application Type: Exemption Certificate - Planning Act Request
Applicant: TJB Building Certifiers
Registered Plan: Lot 35 RP 203515
Location: 285 David Low Way Peregian Beach
Proposal: Exemption for Code Assessment for Landslide - TJB Building Certifiers
Decision: Approved
Decision Made Date: 08/09/2022
47 Application. + EXE200I5. 22 ~~ OOtCSC<‘(CSwT;.CC
Application Type: Exemption Certificate - Planning Act Request
Applicant: Suncoast Building Approvals
Registered Plan: Lot 27 N 10575
Location: 55 Wyuna Drive Noosaville
Proposal: Exemption for Code Assessment for Flooding - Suncoast Building Approvals
Decision: Approved
Decision Made Date: 14/09/2022
18 ApplicationD: EXE200I9,0@€@&@@2@@~@« «© ©602~0~C——
Application Type: Exemption Certificate - Planning Act Request
Applicant Project BA
Registered Plan: Lot 7 RP 810737
Location: 154 Eastern Branch Road Kin Kin
Proposal: Exemption from Code Assessment for Landslide - Project BA
Decision: Approved
Decision Made Date: 23/09/2022
Page 6 of 13
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19 Application ID: EXE22/0020
Application Type: © Exemption Certificate - Planning Act Request
Applicant: Fluid Building Approvals Sunshine Coast
Registered Plan: Lot 164 P 93135
Location: 24 Lyrebird Court Peregian Beach
Proposal: Exemption from Code Assessment for Landslide - Fluid Building Approvals
Decision: Approved
Decision Made Date: 30/09/2022
20 ApplicationID. + -MCUI6O04402&RECIQN0N02.=2«2#«2£#50@£+4. ° °° °0¢«=-
Application Type: Material Change of Use & Reconfiguring a Lot - Minor Change to Approval
Applicant: Noosa Shire Council
Registered Plan: Lot 1 SP 215942, Lot 95 SP 137431
Location: 253 & 255 David Low Way Peregian Beach
Proposal: Change to combined DA - Increase to GFA & Connecting Roof (Commercial Business
pe boa Cana ina ga * Wetbena Tee 2 ant Opn Sree
Decision: Approved
Decision Made Date: 23/09/2022
21 Application: + Mcuiggo720i #2
Application Type: ‘Material Change of Use - Minor Change to Approval
Applicant: Terry Allan Johnson, Michelle Carla Johnson
Registered Plan: Lot 6 RP 810777
Location: 32 Campbells Road Cootharaba
Proposal: Change to DA - Dwelling House (Shed in Biodiversity) - Terry & Michelle Johnson - Dwyer
Quality Homes
Decision: Approved
Decision Made Date: 13/09/2022
Page 7 of 13
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22 Application ID: MCU19/0017.02 & RAL19/0004.02
Application Type: Material Change of Use & Reconfiguring a Lot - Minor Change to Approval
Applicant Ribarja Pty Lid
Registered Plan: Lot 6 SP 319209
Location: 36-40 Hofmann Drive Noosaville
Proposal: Change to combined DA - Height & Design (Commercial Business Type 1 Office, Type 2
Medical & Ancillary Dwelling Unit) - Ribarja Property - Martoo Consulting
Decision: Refused
Decision Made Date: 15/09/2022
23 ~=Application ID: MCU21/0201
Application Type: Material Change of Use - Impact
Applicant: JVL Investment Group
Registered Plan: Lot 4 RP 893438, Lot 2 SP 263999
Location: 9 & 11-19 Hastings Street Noosa Heads
Proposal: Short Term Accommodation (3 units) - JVL Investment Group - Plan A Town
Planning Pty Lid
Decision: Approved
Decision Made Date: 27/09/2022
24 Application ID: MCU22/0054
Application Type: Material Change of Use - Code
Applicant: Jodie Alice Williams, Brett Raymond Gowley
Registered Plan: Lot 3 SP 241381,Lot 2 SP 241381
Location: 315 Sister Tree Creek Road Kin Kin
Proposal: Short Term Accommodation (4 cabins) - Jodie Williams & Brett Gowley - Pivotal Perspective
Pty Lid
Decision: Approved
Decision Made Date: 02/09/2022
Page 8 of 13
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25 Application ID: MCU22/0058
Application Type: ‘Material Change of Use - Code
Applicant: Forde Developments P/L
Registered Plan: Lot 40 RP 139776
Location: 6 Wyandra Street Noosa Heads
Proposal: Dual Occupancy - Forde Developments Pty Ltd - Pivotal Perspective Pty Ltd
Decision: Approved
Decision Made Date: 14/09/2022
26 ApplicationiD: | McU2O63
Application Type: Material Change of Use - Code
Applicant: Amy Cherie Graef, Callan John Leeman
Registered Plan: Lot 6 SP 139173
Location: 25 Lawnville Road Cooroy
Proposal: Dwelling House - Amy & Callan Leeman - Brennan Planning Pty Lid
Decision: Approved
Decision Made Date: 15/09/2022
27 Application. + Mcu2O73.. |
Application Type: Material Change of Use - Code
Applicant: Stroud Homes Sunshine Coast
Registered Plan: Lot 8 RP 899380
Location: 52 Highland Drive Lake Macdonald
Proposal: Dwelling House (Flood) - Stroud Homes - Project BA
Decision: Approved
Decision Made Date: 07/09/2022
Page 9 of 13
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28 Application ID: MCU22/0101
Application Type: Material Change of Use - Code
Applicant: Retail Vending Australia Pty Ltd
Registered Plan: Lot 3 RP 71997
Location: 115 Poinciana Avenue Tewantin
Proposal: Food & Drink Outlet - Retail Vending Australia Pty Ltd - RG Strategic
Decision: Approved
Decision Made Date: 13/09/2022
29 ApplicationD: | MCU2MI2i
Application Type: Material Change of Use - Code
Applicant: Andrew John Mahony
Registered Plan: Lot 1 RP 104720
Location: 31 Maple Street Cooroy
Proposal: Food & Drink Outlet - Andrew John Mahony - Brennan Planning Pt Ltd
Decision: Approved
Decision Made Date: 29/09/2022
30 Application: + OPpw220i02,2~C~C‘C;~CO!*“‘ 2 OS
Application Type: Operational Works - Code
Applicant: Catherine Stella Young, Kings Lane Architects
Registered Plan: Lot 2 SP 305337
Location: 10 Peregian Esplanade Peregian Beach
Proposal: Vehicle Crossover - Kings Lane Architects
Decision: Approved
Decision Made Date: 30/09/2022
Page 10 of 13
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31 Application ID: OPW2210178
Application Type: Operational Works - Code
somtcet RES RREY ue
Registered Plan: Lot 1 SP 129045
Location: 143-145 Shorehaven Drive Noosaville
Proposal: Vehicle Crossover - Max & Debbie Broughton C/- Lightbody Architects Pty Ltd
Decision: Approved
Decision Made Date: 05/09/2022
32 ApplicationID. | OPpw220183
Application Type: Operational Works - Code
Applicant: JNE Developments P/L
Registered Plan: Lot 21 SP 316902
Location: 25 Pavilion Street Pomona
Proposal: Landscaping - JNE Developments Pty Ltd C/- Tod Consulting
Decision: Approved
Decision Made Date: 05/09/2022
33 Application. OPpW220122C*téC“‘<;2 *#*@S*<“<‘“‘SOSO#*#*#*~*~<‘NNNCOC™
Application Type: Operational Works - Code
Applicant: Tim & Sally Moran
Registered Plan: GTP 387
Location: Retreat 16 Ann Street Noosaville
Proposal: Earthworks & Stormwater - Tim & Sally Moran C/- Adapt Town Planning
Decision: Approved
Decision Made Date: 14/09/2022
Page 11 of 13
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34 Application ID: OPW2210216
Application Type: Operational Works - Code
Applicant: CBD Settlers Cove Pty Ltd
Registered Plan: Lot 10 SP 335472
Location: 7 Serenity Close Noosa Heads
Proposal: Footpath & Electrical - CBD Settlers Cove Pty Lid
Decision: Approved
Decision Made Date: 15/09/2022
35 ApplicationID: OPW220221
Application Type: Operational Works - Code
Applicant: Callaghan & Toth Consulting Engineers
Registered Plan: Lot 14 RP 35101
Location: 27 Pine Street Pomona
Proposal: Road work, Stormwater, Vehicle Crossover - Callaghan & Toth Consulting Engineers
Decision: Approved
Decision Made Date: 19/09/2022
36 ApplicationD. | -RAPOOIG
Application Type: Referral Agency Response - Planning
Applicant: Core Building Certification
Registered Plan: Lot 2 RP 104568
Location: 65 Lake Weyba Drive Noosaville
Proposal: Additions to Dwelling House (Height, Setbacks & Fence Height) - Core Building
Certification Pty Ltd
Decision: Approved
Decision Made Date: 07/09/2022
Page 12 of 13
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37 =~ Application ID- RAP22/0019
Application Type: Referral Agency Response - Planning
Applicant: Judith Robyn Klobas, Michael Klobas
Registered Plan: Lot 5 RP 81810
Location: 36 Enterprise Street Sunshine Beach
Proposal: Dwelling House (Height & Setbacks) - Judy & Michael Klobas - Martoo Consulting
Decision: Approved
Decision Made Date: 19/09/2022
38 Application ID: RAP22/0021
Application Type: Referral Agency Response - Planning
Applicant Lenore Ellen Adie, lan Gordon Adie
Registered Plan: Lot 11 RP 59216
Location: 16 Boreen Parade Boreen Point
Proposal: Dwelling House (Height & Setbacks) - lan & Lenore Adie - Adams + Sparkes Town Planning
Decision: Approved
Decision Made Date: 05/09/2022
Page 13 of 13
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
5 SUMMARY OF CURRENT AND HISTORICAL DISTRIBUTION OF SEAGRASS IN THE
NOOSA ESTUARY
Author Environment Officer - Rivers and Coast, Sophie Blond
Environment and Sustainable Development Department
Index ECM/ Environmental Management/ Waterways/ 21.34
Attachments 1. Current and Historical Distribution of Seagrass in the Noosa Estuary
Report (40 page attachment provided separately to this agenda)
2. Noosa River Estuary: Seagrass Distribution Study
EXECUTIVE SUMMARY
This report provides a summary of an assessment undertaken by The Nature Conservancy in
November 2020 to determine the current and historical distribution, coverage, and condition of
seagrass in the Noosa Estuary. This report was undertaken in accordance the strategic partnership
Council has with the Nature Conservancy. The assessment found that approximately 80% of
seagrass has declined in the past 20 years due to a range of influences including flooding,
sedimentation and mobilisation of sandbars, changes to the hydrodynamic regime, flooding, boat
wash and anchoring. Further assessment and consideration is necessary to determine future
management actions for seagrass.
RECOMMENDATION
That Council note the report by the Environment Officer, Rivers & Coast to the Planning &
Environment Committee Meeting dated 8 November 2022, and note:
A. The reports titled ‘Current and Historical Distribution of Seagrass in the Noosa Estuary’ and
‘Seagrass Distribution Study’ as Attachment 1 & 2 prepared by Ecological Service
Professionals for The Nature Conservancy and Council;
B. That Council’s integrated water quality monitoring program will identify options for future
management strategies and factors influencing seagrass decline; and
C. That seagrass monitoring and restoration will be considered as part of the final Noosa River
Plan, and funding needs for this will form part of upcoming budget deliberations.
REPORT
In 2020, The Nature Conservancy engaged Ecological Service Professionals to conduct an
assessment of the distribution, coverage and condition of seagrass within the Noosa River Estuary,
downstream of Lake Cooroibah and in the Weyba Creek catchment. The most recent comparable
comprehensive and detailed mapping study of seagrass was undertaken in 1987, with several
small-scale studies and monitoring programs completed in more recent years.
The study area included both intertidal and subtidal zones, with the most upstream extent in Lake
Cooroibah to the mouth of the estuary; and upstream in Weyba Creek to Lake Weyba. The study
separated the estuary into seven reaches, including Lake Cooroibah (and the main Noosa River
channel upstream of the vehicle ferry), Noosa River from Tewantin to the vehicle ferry, Noosa River
around Goat Island and downstream, Noosa River mouth and Noosa Sound, Lake Doonella,
Weyba Creek and Lake Weyba.
A desktop review and gap analysis of historical data were performed and used to prioritise specific
focal areas for more detailed field validation and seagrass characterisation. Field surveys were
completed over four days, using a combination of techniques including direct visual assessment,
underwater tow and drop cameras, and visual assessments on foot at low tide, and a grapple hook
for targeted confirmation of seagrass species present to identify the condition and presence of
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seagrass. A hand-held GPS was used to assess the extent of seagrass bed, with a detailed map
produced based on the field data. The change in seagrass distribution was mapped from historical
imagery and this information was used to provide an analysis of the changes in seagrass
distribution through time from September 1989 to May 2020.
The assessment identified a total of 56ha of seagrass throughout the estuary, with the greatest
extent of seagrass occurring in Lake Doonella and along Weyba Creek. When compared to
previous assessments, there was no seagrass recorded upstream of the ferry crossing in 2020. It
was found that there has been a large decline in the coverage of continuous and dense seagrass
beds in several areas of the Noosa Estuary since 1989, with an estimated loss of up to 83% of
seagrass in this time, and some areas such as Lake Weyba where seagrass has been completely
lost. Only a small amount of recovery has been identified in areas in Lake Donnella.
Several factors are likely to have contributed to the decline. Large-scale flooding in 1992 is likely
to have been the primary cause of seagrass decline in several areas, with the floods resulting in
deposition of fine sediment and smothering of existing seed banks. Other factors influencing
seagrass decline vary dependent on the location and include increases in boat anchoring causing
direct physical damage to seagrass; shifting sand bars smothering large areas of seagrass;
changes due to urbanisation altering water quality or sediment dynamics; and the growth of
epiphytic algae leading to competition for light.
The report recommends “an adaptive approach that examines and implements measures that
maximise the resilience of seagrass beds, including the ability to respond to future natural disasters
and human pressures that are predicted to increase in the future”.
Other recommended management actions include the following:
• Further assessment of the potential resilience of seagrass meadows to resist environmental
changes in the Noosa Estuary to understand where to invest in future management actions
for maximum gains
• Identification of key triggers for past change in seagrass extent
• Identification and management of potential negative inputs
• Go-slow areas to minimise boat wash along the main channel
• Reducing sediment in run-off and understanding the current sediment dynamics in the
estuary
• Investigation of the possible triggers for high epiphytic algal loads on the existing seagrass
and assessment of the current water quality
• Assisted restoration of seagrass meadows in suitable locations.
Future management of seagrass and factors influencing seagrass decline will be included in the
integrated water quality monitoring program, given that many of these factors (such as sediment,
land-based run-off) will be focuses of the program. Environment Services will continue to liaise with
The Nature Conservancy to discuss management strategies.
Previous Council Consideration
The full report was presented to the P&E Committee at the 12 April 2022 meeting. The report was
presented for awareness of Council, with a separate report proposed to be presented to Council
following further evaluation and consideration of future actions.
Council Ordinary Meeting 21 April 2022
That Council note the report by the Environmental Services Manager (Acting) to the Planning and
Environment Committee Meeting concerning the Noosa River Reef Shellfish Restoration Project
dated 12 April 2022 and;
A. Note the 6 monthly report for the project submitted in accordance with the Alliance & Funding
Agreement between Noosa Council and The Nature Conservancy;
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
B. Authorise the CEO to commence negotiations with The Nature Conservancy regarding the
Noosa River Reef Restoration Alliance and Funding Agreement and report back to Council
on the outcomes;
C. Note that a separate detailed report and considerations will be presented to Council
regarding the findings of the Current and Historical Distribution of Seagrass in the Noosa
Estuary Report presented by The Nature Conservancy;
D. Review the procurement and administrative processes to instigate the project, risks
associated with the project and how these are to be mitigated and incorporated into Key
Performance Indicators and any other matters that the Council should be made aware of in
entering into the agreement;
E. That the CEO be requested to keep a full record of staff time and costs and ancillary
expenses associated with the conduct of the review and include these costs as part of the
report back to Council;
F. Authorise the CEO as per the TNC Alliance Funding Agreement Clause 20.5 - ."Amendments
to this agreement may be proposed by either Party at any time in writing to the other Party.
The terms of any amendments shall be negotiated by appointed contact officers and given
effect by written agreement signed by both parties”; and
G. Contact the TNC in writing with a request to see the receipts and financials as per the Noosa
Shire Council 'Project Acquittal Form'; and
H. Contact the TNC to commence in writing negotiations for inclusion within the current TNC
Alliance Funding Agreement and/or any future TNC Alliance Funding Agreements to include
the proper disclosure of all funds spent to include but not limited to: all receipts and financials
to align with the Noosa Shire Council acquittal guidelines/policy to accurately show who each
supplier/contractor/receiver of funds/receipts etc., to align with all other recipients of Noosa
Shire Council Funding without prejudice the need to request in writing the information if
Council wishes to see it as per the current 'Project Acquittal Form'.
Finance
Funding has not been allocated towards seagrass management and restoration and will need to
be considered as part of the budget review process or future grant or partnership opportunities as
part of the finalisation of the Noosa River Plan. A trial site for restoration in an area which previously
contained seagrass is likely to be proposed.
Risks & Opportunities
The impact of further loss of seagrass would be highly detrimental to the Noosa Estuary. Seagrass
communities are an important part of marine ecosystems, providing food, shelter, and habitat for
a diverse range of vertebrate and invertebrate species. Seagrass stabilises sediment, assists with
limiting erosion and filters nutrients from land-based discharge. The further loss of seagrass has
the potential to affect fisheries productivity in the Noosa Estuary, given that it provides a significant
nursery habitat for prawns and fish.
This work will form part of the revised Noosa River Plan to ensure strategic alignment for long term
health and resilience of the Noosa estuary.
Consultation
External Consultation - Community & Stakeholder
Environment Services has met with The Nature Conservancy and Ecological Service Professionals
several times to discuss the contents of the report and future management strategies
Internal Consultation
Internal consultation with staff from Environment & Sustainable Development and Infrastructure
Services will occur to identify responsibilities in the future management of issues affecting the
decline of seagrass.
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Section 74
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development X Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Section 75
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 2
Page 75 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 2
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Seagrass Distribution Study 2021
Report prepared by Ecological Service Professionals
The Nature " »
Conservancy
Australia
Page 75 of 89Section 76
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Page 76 of 89
PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
TheNature (%&
Conservancy \
Australia
Seagrass as habitat Why seagrass changes
Seagrass meadows provide food and shelter for a diverse Seagrasses are highly sensitive to changes in
range of marine fauna. They also support benthic environmental conditions and declines in water quality
macroinvertebrate communities, which in turn provide (particularly high levels of suspended sediment in the
food for many larger, commercially and recreationally water) and are therefore considered indicators of
important species of crustacean, mollusc and finfish. environmental stress or degradation.
As a result, the spatial distribution of seagrass can be
Current seagrass extent highly dynamic, with large interannual changes in the
. . . . extent of seagrass habitats and community structure
Lie Nooss River eral s comin by sok sec dfs ° ry resulting from natural disturbances, These natural
with aevensl seneast veod u“ ' wri ‘nth - : 5, disturbances however, do not typically result in a net loss
grass meadows occurring in the lowe of seagrass coverage over time,
estuary. ,
The seagrass meadows are dominated by Long Eelgrass What is next for Noosa’s seagrass
(Zostera muelleri sub sp,capricomi) with occasional sparse Becaue of their importance for estuarine ecosystems, the
patches of Halophila ovalis. Z, muelleri meadow are precise drivers for the decline and lack of recovery of the
predominantly found in dense, but patchy, beds along the Noosa River Estuary seagrass meadows need urgent
main channel and around several small islands, investigation, Better understanding of the Noosa River
system would advise river managers, who could advocate
Seagr ass decline for resources to enable research and recovery action,
Since 1989, the Noosa River estuary has lost 80 percent of
iits seagrass and is showing no signs of recovery (see Table Final comment from the expert
1). In 1989, seagrass covered 337.4 hectares of Noosa “Recovery from impacts such as flooding in other similar
estuary, By 2006, this coverage had fallen to just 53,7 ha. seagrass meadows has occurred within a few years. This is
The largest seagrass declines have been in the main not the case in Noosa, ”
channel, Lake Weyba and Lake Cooroibah, Simon Walker (Director and Principal Ecologist -
Studies in 2009 and 2020 confirmed that despite some EcologicalService Professionals)
minor seasonal fluctuations, Noosa’s seagrass meadows
have not recovered, In other parts of Queensland, Full report
including the southeast, Zostera-dominated seagrass Walker SJ, Hayes M, Watson €, Goodwin S & Thorburn L.
meadows typically recover quickly from significant losses, 2021, Current and historical distribution of seagrass in the
often within a few years, The lack of seagrass recovery in Noosa Estuary, Report prepared for The Nature
Noosa is therefore alarming, Conservancy, September 2021. 37pp.
What caused the seagrass loss
Storms and flooding most likely caused the major loss of
seagrass in the Noosa River estuary. The big question
today is: What is preventing the recovery of the
Noosa River estuary’s seagrass meadows?
Table 1, Results of the Seagrass mapping comparison from 1987 to 2020.
Reach Area (m?) of Seagrass Oe Tre be Bo)
cL ad FEES) 2006 2009 2020 2020 (%)
Lake Cooroibah NA 229,624 71,323 61,672 0 -100
Noosa River — Tewantin 106,651 134.541 39,360 36,731 28,540 79
Noosa River — Goat Island 93,865 105.247 28831 23,539 9,313 01
ba Creek NA 647.065 270,366 239,551 205,510 68
(my NA 3,374,086 537,038 725,258 561,512 -83
Total Area
Total Seagrass Area (Ha)
Noosa Estuary NA 337.4 53.7 725 564 -83
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
6 INTEGRATED WATER QUALITY MONITORING PROGRAM
Author Environment Officer, Rivers and Coast, Sophie Blond
Environment and Sustainable Development Department
Index ECM/ Water Quality/ Waterways/ 62.10
Attachments 1. Integrated Water Quality Monitoring Workshop Meeting Minutes
24.08.2022
EXECUTIVE SUMMARY
This report summarises Council’s Integrated Water Quality Monitoring Program which is being
developed to enhance the data management capabilities and management responses for water
quality related matters across both the Noosa River and Mary River catchments.
RECOMMENDATION
That Council note the report by the Environment Officer – Rivers & Coast to the Planning &
Environment Committee Meeting dated 8 November 2022 on the Integrated Water Quality
Monitoring Program.
REPORT
Over the past 20 years, water quality monitoring in the Noosa and Mary River catchments has
been undertaken through Waterwatch programs managed by Natural Resource Management
groups, including Noosa & District Landcare, Noosa Integrated Catchment Association, and the
Mary River Catchment Coordinating Committee. A significant body of monitoring data has been
collected through these programs and provided to Council. However, the data has not previously
been collated into a single database, nor used in a clearly defined way to inform management
actions.
The purpose of the integrated water quality monitoring program is to develop a framework for
Council, NRM groups and other agencies to better coordinate and manage water quality data. This
includes database management of historical and future monitoring data; use of this data to develop
sub-catchment report cards for the Noosa River; point source and event-based monitoring;
deployment of trial remote sensing equipment; and the development of a public facing dashboard.
The ongoing collection, management and use of water quality data to determine priority actions
from the integrated water quality monitoring program will support the Environment Strategy’s target
of achieving an A rating (or equivalent) for the environmental health of the Noosa River and Mary
River sub-catchments by 2030. This will be of particular importance given climate projections
indicate negative impacts on water quality including severe erosion and pollutant mobilisation
leading to further pressures on the Noosa River system.
Healthy Land & Water is soon to release the Noosa River’s 2022 Report Card. The Noosa River
catchment has consistently achieved A- ratings for water quality based on environmental condition
and social and economic benefit. However, the Mary River catchment has not been included as
part of the Healthy Land & Water’s environmental health monitoring program. The integrated water
quality monitoring program will assist with gaining a further nuanced understanding of water quality
in the Mary River Catchment.
Components of the program:
1. Database management and use of historical data
Historically, several agencies have been responsible for the management of water quality
monitoring data from the Noosa and Mary River catchments. The integrated monitoring program
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will collate all historical and current data into the State-wide Water Information Management
system (SWIM) database, owned by Qldwater and locally updated by Noosa Council, which will
ensure consistency and accuracy with data management. Historical and future data will be used
to develop sub-catchment report cards which will identify priority areas for management and guide
future management actions.
2. Remote sensing stations
A trial of three automatic remote sensing water loggers will be installed this financial year. The
loggers will be equipped with pH, electrical conductivity, dissolved oxygen, temperature, and
turbidity probes, with the locations anticipated to be in the Noosa River, Mary River and Kin Kin
Creek. The loggers will provide near real time in situ monitoring data which will be uploaded to a
cloud-based platform, Grafana, every 15 minutes. The data collected from the loggers will be used
to identify trends over time, monitor events such as high rainfall where increases in water quality
monitoring parameters such as turbidity may occur, and assist with identifying impacts on the
catchment to prioritise management actions. The loggers will capture long-term monitoring data to
complement the Keeping it in Kin Kin program, which aims to reduce sediment run-off in the Kin
Kin catchment; monitor the effects of run-off from the industrial estate in Noosaville; and capture
long term monitoring data in the Mary River catchment to determine the impact of events such as
high rainfall on aquatic ecosystems.
3. Public dashboard
A public dashboard will be set up on Council’s website to provide a platform for the community to
access real time data from the water loggers, providing openness and transparency which in turn
may support decision making and policy processes. The data will be uploaded to the dashboard
through Grafana. The dashboard will provide the data in the forms of tables, graphs and maps and
allow users to export the data in CSV or Excel format. The platform will also be able to support
data from other departments of Council.
4. Event-based and point source monitoring
The program will include event-based water quality monitoring during periods of increased
waterway discharge such as ‘first flush’ events at the beginning of wet seasons and during periods
of high rainfall. Point source monitoring will be another focus, including run-off from stormwater
drainage and wastewater systems. The monitoring data will be used to identify changes in water
quality and to estimate loads of contaminants. This information can then be used to further identify
the source/s of run-off and determine management actions; for example, businesses in the
Noosaville industrial area found to be contributing contaminants to stormwater could be the focus
of educational activities with the aim to provide an understanding of the impact of run-off into
surrounding waterways.
Waterways are influenced by activities occurring within their catchments and some activities can
result in different types of pollution entering waterways. One particular pollution type which is of
relevance to recreational waterway users, is enterococci bacterial pollution. There is a strong link
between rainfall events and the type of activities upstream including run-off and the health of
waterways. The Environmental Health Branch has a focus on pollution of waterways, and therefore
a coordinated approach to event-based and point source monitoring will be developed between
the Environment Services Branch and Environmental Health Branch to address both recreational
water quality and environmental concerns.
5. Workshops
Several workshops will be held to consult with internal and external stakeholders involved in the
program. An initial water quality workshop was held in July 2022, with attendees from Noosa
Council, Department of Environment and Science (DES), Healthy Land & Water, University of the
Sunshine Coast (USC), NRM groups and The Nature Conservancy. The purpose of the workshop
was to share information and consolidate ideas about the Noosa and Mary River Catchment
programs; restate the dialogue among NRM groups and Noosa Council; and present an overview
of what an integrated water quality monitoring plan will consist of going forward.
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The outcomes of the workshop included the need to address specific components of the program
individually including database management, development of sub-catchment report cards for the
Noosa River catchment, and the development of objectives and identification of key management
focuses.
Additional water quality monitoring programs – Environmental Health Branch
As part of the integrated water quality monitoring program, monitoring for public health purposes
is undertaken by Noosa Council’s Environmental Health Branch. In Queensland, the Public Health
Act 2005 explicitly identifies water that ‘includes drinking water, water used for recreational
purposes, recycled water, waste water and sewage’ when describing public health risks that are
regulated. The Act assigns responsibility for regulating all public health risks associated with non-
drinking water and non-recycled water to local government.
There are two types of recreation in Noosa waterways – primary contact is any activity where the
whole body or face is frequently immersed in water, while secondary contact refers to activities
where only the limbs are regularly wet and ingesting water is unlikely. To make sure Noosa’s
waterways remain safe to use, Council’s Environmental Health Branch proactively test water
samples for microbes and elevated levels of enterococci bacteria. Monitoring is conducted
regularly throughout the year at a number of recreational water quality monitoring locations across
the Shire, including Gympie Terrace, Little Cove, Sunrise Beach, Burgess Creek (at mouth and
100m up from the creek), Peregian Beach, Noosa Main Beach, Noosa River and Eenie Creek.
Further investigations are currently being carried out at the other recreational water bodies to
determine their use and locations for future testing including Marcus Beach, Doonan Creek,
Boreen Point, Kin Kin Creek, Northshore, Lake Cooroibah, Sandy Creek, Lake Cootharaba,
Ringtail Creek and Teewah Beach.
The results from monitoring conducted indicate the levels present at the time the samples were
taken. For both primary and secondary contact use of recreational waterways, respective one-off
(single sample) microbial trigger values have been established. Trigger values indicate when
microbial indicator bacteria concentrations are sufficiently elevated to warrant either further
investigation or action to reduce the risk of potential illness as a result of recreational use of a
waterway.
Where the Environmental Health Branch identifies that a recreational water body contains elevated
levels of enterococci bacteria that poses a health risk they may take action including: closing the
site temporarily; warning the community via temporary signage; informing the community through
our main website and media releases and continuing to monitor the site until it is safe to swim.
In addition, Council’s Environmental Health Branch closely monitors harmful algal blooms (also
referred to as 'phytoplankton blooms', 'microalgal blooms', 'toxic algae' or 'red tides') which
correspond with seasonal events in both fresh and coastal marine waters throughout Queensland.
Algal blooms caused by organisms may pose a direct threat to human and animal health. Council
together with Queensland Health responds to these events.
Previous Council Consideration
Nil
Finance
The Environment Services Branch received $75,000 in the 2022/2023 budget for the integrated
monitoring program. Further future funding will be necessary to ensure a comprehensive program
is implemented. The Environmental Services Branch is in the process of determining the cost in
future years.
Risks & Opportunities
This program will support the revision of the Noosa River Plan and is fundamental to our
understanding of water quality in the Noosa catchment, including coastal creeks such as Burgess
Creek. The program presents a unique opportunity to better understand the condition of specific
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
waterways, in addition to the Report Card produced by Healthy Land & Water, which provides an
overall assessment of the catchment.
Consultation
External Consultation - Community & Stakeholder
Council staff regularly consult with NRM groups regarding water quality monitoring programs.
Several other stakeholders have also been consulted, including DES, Healthy Land & Water, USC,
The Nature Conservancy and Maritime Safety Queensland.
Internal Consultation
Internal consultation has and will continue between Environment Services, Infrastructure Services
and Environmental Health departments.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
X Waste & Environmental Health Property
Revenue Services
Executive Services X Environment & Sustainable Development X Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 1
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Attachment 1
WM MBNeye.\
@ | COUNCIL
Integrated Water Quality Monitoring Workshop
Held at 8:00am — 1:00pm, Wednesday 24 August 2022 at Noosa District and
Landcare, Pomona
Purpose:
- Share information and knowledge and consolidate ideas about the Noosa & Mary River
Catchment Waterwatch programs.
- Reinstate dialogue among NRM groups and Noosa Council.
Chair: Amy Kimber
Attendees
fname oroaniston [RO
Amy Kimber Noosa Shire Council Principal Environment Officer - River
Strategy and Engagement
Brad Wedlock Mary River Catchment Project Officer
Coordinating Committee
Bruce McConkey Noosa Integrated Catchment NICA Waterwatch Program Coordinator
Association
Noosa Shire Council Natural Areas Officer
Craig Bohm The Nature Conservancy Oceans Coordinator
David Moffat Department of Environment Principal Scientist - Aquatic Ecosystem
and Science Health
David Scheltinga Queensland Water Directorate
llana Kelly Noosa & District Landcare Project Officer
Jack Coates- Healthy Land and Water Scientist — Ecosystem Health
Marnane Monitoring Program
Jamie Knight Noosa and District Landcare Project Officer
Jan Green Noosa Integrated Catchment President
Association
Joseph Wizenberg Department of Environment Team Leader Waste Development and
and Science Southeast Compliance Officer
Minutes — Integrated Water Quality Monitoring Workshop — 24/08/2022 Page 1
Document Set ID: 22121074
Version: 1, Version Date: 28/09/2022
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Keira McGrath Mary River Catchment MRCCC Waterwatch Program
Coordinating Committee Coordinator
Paul Ryan Noosa & District Landcare Volunteer, Keep it in Kin Kin project,
Coastal Ephemeral creeks water quality
monitoring
Peter Davies University of the Sunshine Lecturer
Coast
Peter Dorney Noosa Integrated Catchment Volunteer, Waterwatch Program
Association
[PhitMoran | Noosa & District Landcare General Manager
Rebecca Britton Noosa Shire Council Environment Services Manager
Reinier Mann Department of Environment Science Leader, Water Quality and
and Science investigations
Noosa Shire Council Bushland Care Officer
Richard Howard Noosa Integrated Catchment Treasurer/Project Manager
Association
Rodrigo Minici de University of the Sunshine PhD student
Oliveira Coast
Shannon Mooney Healthy Land & Water Team Leader for Knowledge Research
Shayan Barmand Noosa Shire Council Project Coordinator - Climate Change
Adaptation
Sophie Blond Noosa Shire Council Environment Officer - Rivers and Coast
Steve Burgess Mary River Catchment Project Officer
Coordinating Committee
| Suni Kushor | Noosa Shire Council Environmental Health Coordinator
Minutes — Water Quality Workshop 24/08/22 Page 2
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
1. Welcome By Noosa & District Landcare General Manager
Noosa & District Landcare General Manager Phil Moran acknowledged the Traditional Owners of the land
and welcomed guests to Noosa Landcare’s Rural Futures Centre.
Landcare’s Waterwatch Program involved 40 volunteers and many sites but was unfortunately defunded
by Noosa Council and funded by Landcare for a further five years, however, became unsustainable due to
a lack of interest in properly using the data, and issues with the quality of the data. The Waterwatch
Program finished in 2017. Landcare’s water quality monitoring program as part of the Keeping it in Kin Kin
Project is ongoing and funded by Noosa Council.
2. Introduction to the workshop
Noosa Council Principal Environment Officer — River Strategy and Engagement Amy Kimber thanked
attendees for joining the workshop and for their significant efforts in continuing water quality monitoring
across the Noosa and Mary catchments over many years. The objectives of the day were to:
¢ Share information and knowledge to consolidate ideas about how to bring together an integrated
water quality monitoring program for the Noosa Shire.
e Reinstate regular face-to-face workshops between NRM groups, Noosa Council, and other
stakeholders.
e Encourage ongoing collaboration to develop the program collectively.
Noosa Council received funding in the current financial year to invest in a new initiative of a more integrated
water quality monitoring program which makes better use of the data collected by volunteers across the
Shire, and different branches within Noosa Council.
With a revamp of the Noosa River Plan, Noosa Council expects to have a prospectus which will prioritise
areas for investment, and ongoing review of these priorities will be achieved through a more coordinated
approach to monitoring and improving water quality.
Overall a better understanding of local Water Quality Objectives will inform a better understanding of the
catchments and biodiversity, facilitate targeted interventions and increase community understanding of their
local environment.
3. Department of Environment and Science (DES) Ecosystem Health Monitoring Program (EHMP)
DES Principal Scientist Aquatic Ecosystem Health David Moffat provided an overview of the history of the
EHMP in Noosa.
e Relevant legislation includes the Environmental Protection Act 1994, Water Act 2000 and the
Nature Conservation Act 1992.
* Most of DES monitoring focuses on ecosystem health, while local government authorities are
responsible for biological monitoring in waterways.
e The EHMP field data collection includes freshwater, estuarine/marine ecosystems and event-
e There is a strong emphasis on physical-chemical water quality parameters. Special investigations
are undertaken to investigate bacteriological and other contaminants when required.
e it was noted that care must be taken during any analyses of long-term data due to changes in
methods and Quality Assurance and Quality Control standards.
e Data requests and further information about data can be emailed to water. [email protected]. Healthy Land and Water
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Healthy Land and Water Scientist — Ecosystem Health Monitoring Program Jack Coates-Marmane
provided an overview of Healthy Land and Water's role in monitoring and producing annual report cards
for catchment across South-East Queensland (SEQ).
® Healthy Land and Water works in partnership with DES and is guided by local and state
governments, Unitywater and universities. A steering committee identifies and prioritises targets
for monitoring and the communication of results.
e The EHMP provides data and information about the health of SEQ waterways for network
members, researchers, managers, and the wider community. It informs policy on behalf of the
EHMP network to indicate funding allocations.
e Elements of the catchment conditions grade are based on the Freshwater Ecosystem Health
Program, Estuarine Water Quality Program and Event Monitoring Program programs coordinated
by DES.
e Results are communicated via Healthy Land and Water's Report Card program.
e The Program Framework used for the report card consists of four elements: Environmental
condition; benefit; pressure and actions. The report uses physical-chemical parameters and
several different indicators to create an assessment of the overall condition of the catchment,
which is then graded A to F.
¢ Data evaluation assessment is completed using desired Water Quality Objectives (WQOs)
determined by the State Government.
® Since 2015 the EHMP has been investing in a water quality model, TUFLOW FV, to learn and
understand system behaviour using model scenarios to support decision making and understand
the impacts of development on water quality.
5. DES Water Quality Monitoring Programs and Remote Sensing Technology
DES Science Leader, Water Quality and Investigations Reinier Mann provided an overview of another
water monitoring program funded by the Australian Government and Queensland Government which
covers six sites in SEQ.
e The Noosa River is not included in the program.
e The program also includes waterways that flow into the Great Barrier Reef (GBR) lagoon and the
region which starts in the Burnett-Mary catchment. There is a gap between the six SEQ sites and
the waterways in the GBR.
e The existing DES monitoring program uses remote instruments which analyse nutnent and
sediment parameters and pesticides levels in water samples. The cost involved in installing a
remote water monitoring base is approximately $100,000.
e The program focuses on pesticide, herbicide and fungicide monitoring.
¢ Data analysis is reported online as nutrient, sediment and TSS loads delivered on the end of a
river or catchment system. Data is available for analysis of 24 pesticides at the GBR and SEQ
sites and is available through the Pesticide Reporting Portal.
Project Objectives:
e The Catchment Monitoring Program objectives are to validate water quality models and inform
regional report cards.
e Pesticide report data displays the guidelines values for the protection of moderate to disturbed
waters and displays risk factors for aquatic ecosystems.
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e Data is public though the CISRO 1622 platform and is used to validate source catchment models.
It informs decision making for regional stakeholders such as Canegrowers Queensland and the
Burdekin Bowen Integrated Floodplain Management Advisory Committee.
e DES undertakes compliance activities and install probes to investigate the sources of water
quality changes.
Discussion:
e There is value working in a more efficient system that alerts stakeholders about exceedances of
pesticides in a system.
e There is a time distinction between collecting water samples for laboratory analysis and collection
of in situ real time probe data.
e Probes such as EXO2 and OPUS need to be calibrated regularly. Probe installation costs
approximately $20,000.
e ADES investigation demonstrated a rise in turbidity levels in Wahpunga Creek in Kin Kin.
e Workshop attendees were advised property owners can have access to the data collected by
DES. Data has also been given to Noosa Council and will be chased up by Amy Kimber.
6. Keeping in Kin Kin (KIIKK) Project —- Noosa & District Landcare
Noosa & District Landcare Project Officer Jamie Knight provided an overview of the KIIKK Project.
e Early sediment analysis revealed high levels of sediment loads entering Lake Cootharaba.
e Studies of water quality indicated increased nitrogen and total suspended solids concentrations
compared with other areas of the catchment. LIDAR studies indicated topsoil loss in the Kin Kin
region and identified areas prone to erosion.
e The KIIKK program includes water quality monitoring in the Kin Kin catchment with 10 data
collection points distributed down, mid and upstream.
Project Objectives:
e Reduce sedimentation entering Lake Cootharaba, by restoring the land, improving sustainable
agricultural productivity, and improving waterway health and water quality in the Noosa River
Catchment.
e = Involve local community and landowners to decrease soil erosion in the Kin Kin area.
Discussion:
* Demonstration of sites encourages new applicants to be part of the project.
e Long-term investment of 10 to 20 years is required to resolve the erosion soil loss problem in Kin
Kin.
¢ Landholder participation is fundamental for the positive outcomes of the project.
7. Noosa Integrated Catchment Association (NICA) Waterwatch Program
NICA Waterwatch Program Coordinator Bruce McConkey provided an overview of NICA’s Noosa River
water quality and turbidity monitoring.
NICA has been involved with water quality monitoring since 2006. Since 2015 to present NICA has
collected, recorded and presented water measurements from 30 sites across the Noosa River and creeks
using 2 Horiba water quality probe.
Lake Cootharaba sediment study:
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Studies reveal that around 355,000 tonnes of soil is mobilised into the catchment every year, potentially
depositing a 4.5mm layer of sediment in the bottom of Lake Cootharaba every year.
An overview of past studies on the possible causes of the increase in nutrients and sediments and their
impact downstream in Noosa River between 2008 and 2010 was provided to workshop attendees.
This poses the question as to whether this level of sedimentation input to Lake Cootharaba occurred
before European settlement, and the relationship between increased loads of sediment relate and
significant flooding events.
Discussion:
¢ People perceive water quality is related to turbidity levels.
e NICA proposes a study to quantify sediments entering and leaving Lake Cootharaba including
Particle size, distribution and fluid flow rate.
e NICA is interested in the existence of data on past flow rate measurements in Lake Cootharaba.
8. Coastal ephemeral creeks
KIIKK Project and coastal ephemeral creek monitoring volunteer Paul Ryan provided an overview of
sampling undertaken at 11 sites from 2005 to 2018. The sites included Noosa National Park, Burgess
Creek, Marcus Beach Creek, Castaways Creek, Peregian Creek and Murdering Creek entering Lake
Weyba.
Results:
¢ Results of physical parameters were usually below the guidelines.
e The Coastal Connect Dunes Rehabilitation Project was developed, and the water quality
monitoring program was designed to analyse the effect of the remedial works on nearby water
quality.
e Changes in physical chemical parameters have been encountered but the causes are still
inconclusive. The water monitoring project is ongoing.
e There is a difference in pH measurements above and below the Sewage Treatment Plant in
Burgess Creek, with more acidic pH levels and consistent with other local coastal creeks on areas
reported above the treatment plan.
Discussion:
There is a need for strategic and clear goals to be defined before selecting water parameters and further
sites to be analysed.
9. Mary River Catchment Coordinating Committee
MRCCC Project Officer Brad Wedlock provided an overview of the MRCCC Waterwatch Program which
has been operating over the past 20 years with 106 volunteers across the Mary Catchment, with some
sites in Noosa.
e The program includes baseline data extension, collaboration and partnership, WQOs and
guidelines.
* Noosa Council funded MRCCC to develop a sub-catchment scoring system and report cards
based on the EHMP and WQOs.
e MRCCC has managed three Mary River sites on behalf of DES since 2016 for the Great Barrier
Reef Catchments Loads Program. The parameters measured include sediment, nutrients and
Discussion:
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e ~=©All High Ecological Value sites at Noosa River with data are currently non-compliant with the
guidelines which raises the question of whether the WQOs need to be reviewed.
e The Noosa River has received a consistently high water quality report card grade from Healthy
Land and Water when sample results are not compliant with guidelines.
e DES reviewed the WQOs with data provided from the MRCCC Waterwatch Program. Noosa
Council is following up with DES for an update on how the review is progressing.
* Continuation of program, collaboration, data storage, site code and coordination revision is
needed, with data to be used to inform guidelines, training, volunteer recruitment, and strategic
* Local guidelines should be developed, using local data to create local WQOs and targets.
10. Queensland Water SWIMlocal database
Queensland Water SWIMlocal Manager David Scheltinga provided a description of the use and
functionality of the SWIMlocal data management tool, which is a customisable database that allows the
inclusion of extra parameters, sites and indicators.
The database also has a report generation tool.
Noosa Council has access to SW/IMlocal and plans to distribute login details to MRCCC.
11. Noosa Council Environmental Health Monitoring Program
Noosa Council Environmental Health Coordinator Sunil Kushor provided an overview of Council's
responsibilities for recreational water monitoring in local water bodies.
Previously Unitywater had a contract to obtain water samples during the summer months along the
Eastem Beaches and Noosa River including Gympie Terrace, Sunshine Beach, Burgess Creek, Sunrise
Beach, and Peregian Beach. Biological parameters are analysed.
Discussion:
e The group discussed whether the results are accurate and representative of the water quality
across Noosa Shire and if the monitoring program is targeting the nght areas in terms of primary
and secondary recreational activities.
¢ Aregular water sampling routine and event water monitoring program will give Noosa Council
more control over local water quality.
e There are benefits to be realised in terms of communicating recreational water quality conditions
to the public using online platforms and local signs to provide real time data for recreational use.
12. DES Pollution Incidents
DES Team Leader Waste Development and Southeast Compliance Officer Joseph Wizenberg explained
his background as a Compliance Officer who works investigations including contamination issues in the
Sunshine Coast, Noosa and Gympie regions.
e When necessary biological water parameters are assessed as part of the source investigations.
¢ DES relies on community reporting via a 24/7 Pollution Hotline (1300 130 372).
e There is a focus on investigating water pollutant cases that cause environmental health issues.
e =Itis sometimes difficult to be proactive with the response because the evidence can be
questionable/arguable.
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
Discussion:
e There is scope to prescribe an Environmental Regulatory Authority for large developments.
e Aclear pathway to increase communication awareness and pollution reports is needed.
13. Noosa Shire Council Integrated Water Quality Program
Noosa Council Environment Officer Sophie Blond acknowledged the Waterwatch volunteers’ efforts for
years of data collection.
e Sophie provided an overview of the current status of Noosa Council's Water Monitoring Program
and plans for a more integrated program in the future.
e Investigations into Burgess Creek are already underway, with plans for a dedicated Catchment
Management Plan, given its complexities as a highly modified catchment.
¢ Description of the potential to incorporate remote sensing equipment and monitoring location sites
for Noosa Council's future monitoring program, including a public dashboard to access real time
data.
Discussion:
e There is interest in generating regular local water quality reports to improve water quality and
pollution management.
¢ Integrating data provided by all stakeholders will allow Noosa Council and key experts to identify
sites and water quality parameters which could complement existing monitoring programs.
e Using historical data would facilitate development of yearly report cards for each sub-catchment
across the Noosa Shire.
e Overview of the impacts of urbanisation and flooding on seagrass populations in the Noosa River
and lakes.
[Recommendation tion
identify clear purposes for water quality monitoring programs to better NRM groups
understand local catchments, including generation of sub-catchment report
cards and targeted monitoring and intervention points Researchers
Noosa Council
(Discuss at next workshop)
Develop an integrated water quality monitoring program site map including NRM groups
proposed new monitoring sites and review of parameters reported DES
(Discuss at next workshop) Noosa Council
Increase community understanding and engagement by promoting, advertising | Noosa Council
and providing feedback on responses to pollution incidents DES
Unitywater
Recommend an Environmental Regulation Authority for large developments DES
Healthy Land & Water
Develop new local water quality guidelines and use historical and current data | NRM groups
to create local WQOs and targets DES
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA 8 NOVEMBER 2022
7. CLOSED SESSION
Nil.
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