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2022-11-08 Planning & Environment Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   8 NOVEMBER 2022




                                                      Page 31 of 89

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

                                                                                   Page 31 of 89
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