2022-11-08 Planning & Environment Meeting Agenda

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:

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