2022-11-08 Planning & Environment Meeting Agenda

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