2014-04-28 General Committee Meeting Agenda Pages 65-200

GENERAL COMMITTEE MEETING AGENDA                                                 28 APRIL 2014


REPORT

The application is to extend the relevant period of a Development Permit for Operational Works
for extension of pontoons for a further 2 years. The applicant has requested the extension due to
a loss of grant funding and indicates that the works will be undertaken later in 2014 or 2015.

1.    SITE DESCRIPTION

The site is a commercial lease area of 1,658m2 described as Lot 60 on CP908649. The lot is
located on the Noosa River foreshore and extends approximately 30 metres into the waterway.
The lot contains approximately 35m2 of foreshore, with the balance area located beyond the
High Water Mark (HWM). The site contains the “O” Boat Hire and Bait Supply business, which
consists of a single-storey boatshed/office building of approximately 60m2 and associated jetty
and pontoon structures. A copy of the registered plan for the allotment is included as Attachment
1, which indicates the location of these structures at the time of survey in 1996.

2.    SURROUNDING USES

The site is adjacent to a number of recreational and commercial uses along the Noosa River
foreshore, including a tennis court, boat ramp, public and private jetties, recreational parkland
and boat hire and tour businesses. The southern side of Gympie Terrace is zoned Visitor Mixed
Use and contains a diverse mix of residential, commercial and dining uses reflective of the
zoning.

3.    BACKGROUND

The proposed works were the subject of a previous Operational Works application, Council file
142009.982. Although the application was recommended for approval it was refused by the
Iconic Panel on 11 January 2010.

The applicant made another application for the works, Council file OPW11/0301, which was
approved by Council on 31 January 2012 with conditions similar to that previously recommended
to the Iconic Panel. A copy of the approved plan is included as Attachment 2.

The applications sought approval to undertake extensions to an existing commercial jetty on the
site. The extensions consist of two new floating pontoons accessed via the existing metal
walkways. The new pontoons extend toward the western boundary of the lease area and each is
secured via three piles.

The applications were code assessable against the Coastal Protection and Other Legislation
Amendment Regulation (No.1) 2005, Schedule 4A – “IDAS Code for development applications
for prescribed tidal work”. The applications were considered generally consistent with the
provisions of the code.

4.    STATUTORY PROCESS

In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to
extend the relevant period, the assessment manager must only have regard to:

(a)   the consistency of the approval, including its conditions, with current laws and policies
      applying to the development, including, for example, the amount and type of infrastructure
      contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b)      the community’s current awareness of the development approval; and
(c)      whether, if the request were refused-



                                                                                 Page 77 of 200