2017-04-18 General Committee Meeting Notes

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                         18 APRIL 2017



2   OPW16/0189 - DEVELOPMENT APPLICATION FOR OPERATIONAL WORKS
    PRESCRIBED TIDAL WORKS - EXTENSION TO AN EXISTING DECK 290 GYMPIE
    TERRACE, NOOSAVILLE
    Committee Recommendation
    Moved:           Cr Stockwell
    Seconded:        Cr Wilkie
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 11 April 2017 regarding Application No. OPW16/0189 for a
    Development Permit for Operational Works for Prescribed Tidal Works – Extension to an
    Existing Deck situated at 290 Gympie Terrace Noosaville and: request a reviewed report to
    the Ordinary Meeting with an alternative motion to approve the application, which would
    include the following conditions:
    A.   That the Prescribed Tidal Works are to be used for the purpose of providing access to
         vessels and the ancillary lawful marine purposes conducted within the subject lease;
    B.   That the approval makes it clear that operational works approval in no way
         sanctions the use of the decks for a Type 1 Food and Beverage Business (i.e. café
         with dining facilities for 10 or more people) or other uses requiring prior approval under
         the planning scheme; and
    C.   That the approval be issued on the grounds that the existing minor works
         constructed are consistent with:
         1.     the Overall Outcomes of the Watercourse Works Code (14.161), and
         2.     the relevant specific outcomes listed in the Watercourse Works Code with
                respect to:
                a)   Siting (14.163)
                b)   Character and Amenity (14.164)
                c)   Design Construction & Safety (14.165 & .168)

    A.   Refuse the application for the following reasons:
         1.     The proposed works are contrary to the Noosaville Locality Code as the works
                are for non-marine commercial purposes that will result in an increase in the
                overall scale and intensity of commercial operations on and adjacent to the
                Noosa River;
         2.     The proposed works are contrary to the Watercourses Works Code as the works
                are not for the sole purpose of providing access to vessels and the applicant has
                not demonstrated clear public benefit and support for the works; and
         3.     The proposed works are contrary to the IDAS Code for Prescribed Tidal Works
                as the proposal does not make any provision towards car parking facilities.
    B.   Advise the applicant that a Material Change of Use is required for the cafe to operate
         from the premises and that Council will give further consideration to the decks at the
         time the Material Change of Use application is lodged and once community
         consultation is undertaken for the Noosaville Foreshore Land Use Master Plan.
                                                                                          Carried.




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