Delegated Report OPW17/0516

Author	Mark Lewis, Development Officer
Development Assessment

APPLICATION DETAILS
Application No.	OPW17/0516
Applicant	Pile-It Pty Ltd
Proposal	Operational Works - Non Prescribed Tidal Works
Properly Made Date	28 July 2017
Information Request Date	7 August 2017
Information Response Date	8 August 2017
Decision Due Date	27 September 2017
Report Completed Date	15 August 2017
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	38 The Promontory Noosaville Qld 4566
RP Description	Lot 831 SP 102579
Land Area	799.0000 Square Metres
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Detached Housing
Overlays	Natural Hazards – Flood, Acid Sulfate Soils
Assessment Type	Code
PROPOSAL
The application seeks approval for an Operational Works – Timber Jetty.
site details
Background
There is no higher order approval requiring the works.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Watercourses Works Code
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:

Alignment of Jetty.
The proposed alignment is not perpendicular to the revetment wall. The applicant in their response to Council’s further information request has advised that the alignment is parallel to the north-western boundary and square to the new dwelling to be constructed on the site.
The proposed alignment is considered acceptable as:
it has a setback from the side boundary at the revetment of 4.5m
it provides a greater setback at the canal end of the jetty (7.9m) and
provides greater view lines from the adjoining residence compared to a jetty that is perpendicular to the revetment wall.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
Public Notification
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.

application details
Application No:	OPW17/0516
Street address:	38 The Promontory Noosaville Qld 4566
Real property description:	Lot 831 SP 102579
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
A.	Approve a Development Permit for Operational Works – Timber Jetty, subject to conditions.
CURRENCY PERIOD
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
27177-J1		Jetty Plan and Details prepared by SCG Consulting Engineers	July 2017
27177-J2		Jetty Plan and Details prepared by SCG Consulting Engineers	July 2017
All structures must be designed and constructed such that they are free standing within the waterway and are not connected to or behind the revetment wall
All structures must have no detrimental effects on stormwater drains and/or easements.
Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the revetment wall.
A rigid handrail must be fitted on one side of the walkway.
No posts or vertical supports of the proposed jetty are to extend vertically from the structure unless they provide support for the handrail.
No boatlifting devices are to be attached or moored at the jetty structure for the purpose of elevating a vessel above the water without Council approval.
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall unless all switches and power outlets are positioned above the 1%AEP flood level.
Lighting associated with the use must be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
Rock scour protection, wrapped in geotextile, extends from 750mm up to approximately 5000mm from the face of the revetment wall in Noosa Waters. Piles are to be:
Located clear of this rock protection where applicable, or alternatively
Where the scour protection extends beyond 750mm:
Prior to driving piles, the rocks are to be removed to expose the geotextile and the geotextile cut neatly to allow it to be turned back. During pile driving, care is to be taken to ensure the geotextile is not damaged. At the completion of pile driving, the fabric is to be turned down around the pile and the rocks replaced around the piles
The jetty is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities are not permitted on site.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
Certification by a Registered Professional Engineer of Queensland that states that the jetty is constructed in accordance with best practice methods and is structurally sound must be submitted to Council prior to the return of any bond monies held by Council. This certification must be submitted to Council within three (3) months of the completion of the works.  A final inspection and approval of the structure by Council’s Inspector is also required.  Please contact Council’s Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
This approval lapses where the construction of the jetty has not commenced within two (2) years of the date of issue of the approval, unless application is made and approved by Council for an extension.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
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.
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.
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.
property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required
Not applicable
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT