2017-04-20 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                          20 APRIL 2017


         4.    The approval or conditions do not absolve the owner of the land from complying
               with all the conditions of this approval and/or relevant Council By-Laws and
               Policies and/or relevant statues and/or statutory regulations in the execution
               and/or performance of said works.
         5.    Council reserves the right to call up any performance bond held or levy charges
               against the property, should emergency works be required to be undertaken by
               Council to make the site safe due to inactivity on the development site for
               extended periods of time.
         6.    Should any changes or modifications to the approved plans be required as a
               result of construction constraints, a “Request to change an existing approval”
               under the Sustainable Planning Act 2009 must be made. Amended plans clearly
               indicating the changes must be lodged with this application along with the
               appropriate fees.


    REPORT
    A report on this application was included on the Planning and Environment Committee
    Agenda dated 11 April 2017 (Item 6, Page 2), with consideration of the report referred to the
    General Committee Meeting on 18 April 2017.
    The officer’s recommendation for refusal was not supported at the General Committee
    Meeting with the Committee requesting an alternate motion for approval of the application
    with relevant conditions. The basis for this decision included the following matters:
        The jetty was in need of repair and improvement for disabled access;
        The extensions are compliant with the marine facilities offered at the site, including
         passengers occupying deck space until boarding time; and
        Advice conditions can distinguish this works approval from the use of the decking for
         café purposes.
    Council staff continue to support the recommendation made to the General Committee
    Meeting on 18 April 2017.
    Previous Staff Recommendation
    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:
    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.

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