Decision Notice - 010.2007.00000718.001 [As Published] · 142007.718

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NOOSA COUNCIL IDAS Development Application Decision Notice                                                 2 of 12

9.     CONDITIONS

The approval is subject to conditions. Noosa Council’s conditions are attached. Environmental Protection Agency
and Maritime Safety Qld, as concurrence agencies are also attached.

10.    FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required                 Subject of the required Development Permit
 N/A

11.    RIGHTS OF APPEAL

Rights of appeal in relation to this application are attached.

12.    ASSESSMENT MANAGER

 Name:      Noosa Council                 Signature:                              Date:          11 July 2007




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                                      Noosa Council Conditions
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


1.     Development undertaken in accordance with this approval must generally comply with the approved plans
       of development. The approved plans are numbered 07/08-1 and 07/08-2, prepared by John Norden and
       Associates and dated February 2007 and as may be amended by these conditions and annotations made
       on the plans.

2.     Structures should be designed and constructed such that they are free standing within the waterway and
       are not connected to or behind the revetment wall or rock wall.

3.     A rigid handrail shall be fitted on one side of the walkway.

4.     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.

5.     The jetty shall be constructed in a manner to render the underside area vermin proof.

6.     There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond the
       revetment wall.

7.     Lighting associated with the use shall be designed, installed, operated, and maintained in accordance
       with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.

8.     The jetty is to be used for private purposes only with no commercial operations are to be undertaken.

9.     Boat repair activities are not be permitted on site.

10.    Wastewater and sullage shall only be disposed of at approved pumpout facilities.

11.    The mooring facility shall not be utilised for live-aboard purposes.

12.    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 1997.

13.    The approval or conditions do not constitute a ruling on structural safety and the applicant must make
       their own arrangements to ensure adequacy of design and work. Also any approval granted does not
       warrant that such plans and specifications have been checked in detail, nor does it 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 statutes and/or statutory regulations in the execution and/or performance of said
       works. The Council does not accept any responsibility for the accuracy of such plans and specifications
       as approved.

14.    Certification by a Registered Professional Engineer of Queensland shall be submitted to Council prior to
       the return of any bond monies held by Council. The certification shall state that the jetty has been
       constructed in accordance with best practice methods, is in accordance with Coastal Protection and
       Management Act 1995, is structurally sound and will not have any adverse impacts on or place additional
       loads upon the existing revetment wall.

15.    A final inspection and approval of the structure by Council’s Inspector is also required prior to the return of
       any bond monies held by Council. Please contact Council’s Land Development Section to arrange the
       inspection.

16.    The jetty shall be licensed with the Council upon completion of the structural work and shall be licensed
       annually thereafter.

17.    The Development Permit for a material change of use of premises lapses if the use has not happened by
       10 July 2009, unless an application to extend the currency is approved by Council.




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                                    Concurrence Agency Conditions –
                                    Maritime Safety Queensland
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION




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                                    Concurrence Agency Conditions –
                                    Environmental Protection Agency
                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION




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                                      Local Laws, Policies & State
                                      Regulation Requirements
                                      INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION


     THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
                             CONDITIONS OF APPROVAL

1.    Should any changes or modifications to the approved plans be required as a result of construction
      constraints, a Change to an Existing Approval Application under the Integrated Planning Act must be made.
      Amended plans clearly indicating the changes must be lodged with this application along with the
      appropriate fees.

2.    The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No.
      12, prevents a builder or building contractor carrying out building work on a building site in a way that makes
      or causes audible noise to be made from the building work:-

      2.1. On a Sunday or public holiday, at any time; or

      2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.

      A maximum penalty of $1,500 applies to an offence under this legislation.

Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of
operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance
with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and
Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act
have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to
Council prior to the commencement of work.




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                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION

   The following is an extract from the Integrated                           (6) If an application involves assessment against
   Planning Act (Chapter 4).                                              a concurrence agency code, appeal rights for
                                                                          submitters for the application are not available
   Division 8 - Appeals to                   court      relating     to   against the part of the approval that represents the
   development applications                                               concurrence agency’s response for the code.
   Appeals by applicants                                                  Appeals by advice agency submitters
   4.1.27.(1) An applicant for a development application                  4.1.29.(1) An advice agency may, within the limits of
   may appeal to the court against any of the following-                  its jurisdiction, appeal to the court about the giving of
   (a) the refusal, or the refusal                 in   part,   of   a    a development approval for a development
       development application;                                           application if-

   (b) a matter stated in a development approval,                         (a) the development application involves impact
       including any condition applying to the                                assessment; and
       development, and the identification of a code                      (b) the advice agency told the applicant and the
                            1
       under section 3.1.6;                                                   assessment manager to treat its response to the
   (c) the decision to give a preliminary approval when a                     application as a submission for an appeal.
       development permit was applied for;                                   (2) The appeal must be started within 20 business
   (d) the length of a currency period;                                   days after the day the decision notice or negotiated
                                                                          decision notice is given to the advice agency as a
   (e) a deemed refusal.                                                  submitter.
      (2) An appeal under subsection (1)(a) to (d) must                   Appeals for matters arising after approval given
   be started within 20 business days (the “applicant’s                   (co-respondents)
   appeal period”) after the day the decision notice or
   negotiated decision notice is given to the applicant.                  4.1.30.(1) For a development approval given for a
                                                                          development application, a person to whom any of
       (3) An appeal under subsection (1)(e) may be                       the following notices have been given may appeal to
   started at any time after the last day a decision on the               the court against the decision in the notice-
   matter should have been made.
                                                                          (a) a notice giving a decision on a request for
   Appeals by submitters                                                      extension of the currency period for an approval;
   4.1.28.(1) A submitter for a development application                   (b) a notice giving a decision on a request to make a
   may appeal to the court about-                                             minor change to an approval.
   (a) the giving of a development approval, including                        (2) The appeal must be started within 20 business
       any conditions (or lack of conditions) or other                    days after the day the notice of the decision is given
       provisions of the approval; or                                     to the person.
   (b) the length of a currency period for the approval.                        (3) Subsection (1)(a) does not apply if the
                                                                          approval resulted from a development application
       (2) The appeal must be started within 20 business                  (superseded planning scheme) that was assessed as
   days (the “submitters appeal period”) after the day                    if it were an application under a superseded planning
   the decision notice or negotiated decision notice is                   scheme.
   given to the submitter.
                                                                             (4) Also, a person who has made a request
      (3) If a person withdraws a submission before the                   mentioned in subsection (1) may appeal to the court
   application is decided, the person may not appeal the                  against a deemed refusal of the request.
   decision.
                                                                              (5) An appeal under subsection (4) may be
      (4) If an application involves both impact                          started at any time after the last day the decision on
   assessment and code assessment, appeal rights for                      the matter should have been made.
   submitters are available only for the part of the
   application involving impact assessment.                               Division 9 - Appeals to court about other matters
       (5) If an application is processed under section                   Appeals for matters arising after approval given
   6.1.28(2), appeal rights for submitters for the                        (no co-respondents)
   application are available only for the aspects of the
   development that would have required public                            4.1.31.(1) A person to whom any of the following
   notification under the repealed Act.                                   notices have been given may appeal to the court
                                                                          against the decision in the notice-
                                                                          (a) a notice giving a decision on a request to change
                                                                              or cancel a condition of a development approval.
   1
        Section 3.1.6 (Preliminary approval may override local planning
       instrument)



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                                      2
(b) a notice under section 6.1.44 giving a decision to
    change or cancel a condition of a development
    approval.
    (2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
   (3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
    (4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.




2
     Section 6.1.44 (Conditions may be changed or cancelled by
    assessment manager or concurrence agency in certain
    circumstances)




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