Council archive · source document
SPA Decision Notice - 010.2010.00000819.001 [As Published] · 142010.819
Officer: Marcus Brennan
Direct Telephone: (07) 5449 5225
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2010/819
Your Reference:
13 July 2010
Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 13 July 2010 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2010/819
Street address: 11 Sunseeker Close, 1/11 Sunseeker Close &
2/11 Sunseeker Close NOOSAVILLE
Real property description: Lots 0, 1 & 2 BUP: 102368
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Jetty
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. 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 and as
may be amended by these conditions.
Plan / Document No. Rev. Plan / Document Name Date
10/80-1 - Working Drg prepared John Norden May 2010
& Associates
208014PW C PWC Dock Section prepared by EZ 15 February 2006
Dock
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2010/819
2. Structures shall be designed and constructed such that they are free standing within the
waterway and are not connected to or behind the revetment wall.
3. Jetties shall have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
revetment wall.
4. A rigid handrail shall be fitted on one side of the walkway.
5. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide support for the handrail.
6. No boatlifting devices shall be attached or moored at the jetty structure for the purpose of
elevating a vessel above the water without Council approval.
7. There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
the revetment wall.
8. 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.
9. The jetty shall be used for private purposes only with no commercial operations to be
undertaken.
10. The jetty shall be shared between unit owners.
11. Rock scour protection, wrapped in geotextile, extends 3000 mm from the face of the revetment
wall in this locality. 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.
12. Boat repair activities are not permitted on site.
13. Wastewater and sullage shall only be disposed of at approved pumpout facilities.
14. The mooring facility shall not be utilised for live-aboard purposes.
15. 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.
16. The approval or conditions do not constitute a ruling on structural safety and the applicant
must make their own arrangement to ensure adequacy of design and work. 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 statues and/or statutory
regulations in the execution and/or performance of said works. Council does not accept any
responsibility for the accuracy of such plans and specifications as approved.
17. Certification by a Registered Professional Engineer of Queensland that states that the jetty
and boatlift is constructed in accordance with best practice methods and is structurally sound
shall be submitted to Council prior to the return of any bond monies held by Council. 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 Planning Assessment
Section to arrange the inspection.
18. The jetty shall be licensed with the Council upon completion of the structural work and shall be
licensed annually thereafter.
Relevant Period
19. The Development Permit for Operational Works (Jetty & Boatlift) lapses if the works have not
been completed by 13 July 2012, unless an application to extend the relevant period is
approved by Council.
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5 REFERRAL AGENCY CONDITIONS
Not applicable.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
10/80-1 - Working Drg prepared John Norden & May 2010
Associates
208014PW C PWC Dock Section prepared by EZ Dock 15 February 2006
7 ADVISORY NOTES
The following Advisory Notes 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 Sustainable
Planning Act 2009 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.
2.3. A maximum penalty of $1,500 applies to an offence under this legislation.
3. 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 commencement of work.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage.” It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
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8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a “negotiated decision notice” will be
issued. Only one “negotiated decision notice” may be given. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Marcus Brennan
Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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Appeal Rights
SUNSTAINABLE PLANNING ACT 2009 & SUSTAINABLE
PLANNING REGULATION 2009
The following is an extract from the Sustainable (i) a condition of, or lack of condition
Planning Act 2009 (Chapter 6). for, the approval; or
(ii) the length of a period mentioned in
MATERIAL CHANGE OF USE, RECONFIGURING A section 341 for the approval.
LOT & OPERATIONAL WORKS
(3) However, a submitter may not appeal if the
Division 8 - Appeals to court relating to submitter—
development applications
(a) withdraws the submission before the
461 Appeals by applicants application is decided; or
(1) An applicant for a development application (b) has given the assessment manager a
may appeal to the court against any of the notice under section 339(1)(b)(ii).
following-
(4) The appeal must be started within 20
(a) the refusal, or the refusal in part, of a business days (the submitter’s appeal
development application; period) after the decision notice or
(b) any condition of a development approval, negotiated decision notice is given to the
another matter stated in a development submitter.
approval and the identification or inclusion 463 Additional and extended appeal rights for
of a code under section 242 submitters for particular development
(c) the decision to give a preliminary applications
approval when a development permit was (1) This section applies to a development
applied for; application to which chapter 9, part 7
(d) the length of a period mentioned in applies.
section 341;; (2) A submitter of a properly made submission
(e) a deemed refusal of the development for the application may appeal to the court
application. about a referral agency’s response made by
(2) An appeal under subsection (1)(a), (b), (c) or a prescribed concurrence agency for the
(d) must be started within 20 business days application.
(the applicant’s appeal period) after— (3) However, the submitter may only appeal
against a referral agency’s response to the
(a) if a decision notice or negotiated decision
extent it relates to—
notice is given—the day the decision
notice or negotiated decision notice is (a) if the prescribed concurrence agency is
given to the applicant; or the chief executive (environment)—
(b) otherwise—the day a decision notice was development for an aquacultural ERA; or
required to be given to the applicant. (b) if the prescribed concurrence agency is
(3) An appeal under subsection (1)(e) may be the chief executive (fisheries)—
started at any time after the last day a development that is—
decision on the matter should have been (i) a material change of use of
made. premises for aquaculture; or
462 Appeals by submitters - general (ii) operational work that is the removal,
damage or destruction of a marine
(1) A submitter for a development application
plant
may appeal to the court only against-
(4) Despite section 462(1), the submitter may
(a) the part of the approval relating to the appeal against the following matters for the
assessment manager’s decision about application even if the matters relate to code
any part of the application requiring assessment—
impact assessment under section 314; or
(a) a decision about a matter mentioned in
(b) the part of the approval relating to the section 462(2) if it is a decision of the
assessment manager’s decision under chief executive (fisheries);
section 327.
(b) a referral agency’s response mentioned in
(2) To the extent an appeal may be made under
subsection (2).
subsection (1), the appeal may be against 1
or more of the following— 464 Appeals by advice agency submitters
(a) the giving of a development approval; (1) Subsection (2) applies if an advice agency, in
its response for an application, told the
(b) any provision of the approval including— assessment manager to treat the response
as a properly made submission.
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2010/819
(2) The advice agency may, within the limits of its 467 Appeals about changing or cancelling
jurisdiction, appeal to the court about— conditions imposed by assessment
(a) any part of the approval relating to the manager or concurrence agency
assessment manager’s decision about (1) A person to whom a notice under section
any part of the application requiring 378(9)(b) giving a decision to change or
impact assessment under section 314; or cancel a condition of a development approval
(b) any part of the approval relating to the has been given may appeal to the court
assessment manager’s decision under against the decision in the notice.
section 327 (2) The appeal must be started within 20
(3) The appeal must be started within 20 business days after the day the notice of the
business days after the day the decision decision is given to the person.
notice or negotiated decision notice is given For Building Works Only
to the advice agency as a submitter. 532 Appeals by applicants
(4) However, if the advice agency has given the (1) If—
assessment manager a notice under section
339(1)(b)(ii), the advice agency may not (a) a person has been given, or is entitled to
appeal the decision. be given—
465 Appeals about decisions relating to (i) an information notice under the
extensions for approvals Building Act about a decision
other than a decision under
(1) For a development approval given for a that Act made by the
development application, a person to whom a
Queensland Building Services
notice is given under section 389, other than Authority; or
a notice for a decision under section 386(2),
may appeal to the court against the decision (ii) an information notice under the
in the notice. Plumbing and Drainage Act
2002 about a decision under
(2) The appeal must be started within 20 part 4 or 5 of that Act; or
business days after the day the notice of the
decision is given to the person. (b) a person—
(3) Also, a person who has made a request (i) was an applicant for a building
under section 383 may appeal to the court development approval; and r
against a deemed refusal of the request (ii) is dissatisfied with a decision
under the Building Act by a
(4) An appeal under subsection (3) may be
building certifier or referral
started at any time after the last day the
agency about inspection of
decision on the matter should have been
building work the subject of the
made.
approval; the person may
466 Appeals about decisions relating to appeal against the decision to
permissible changes) a building and development
(1) For a development approval given for a committee.
development application, the following (2) An appeal under subsection (1) must be
persons may appeal to the court against a started within 20 business days after the day
decision on a request to make a permissible the person is given notice of the decision.
change to the approval—
(3) If—
(a) if the responsible entity for making the (a) under the Building Act, a person makes
change is the assessment manager for an application other than a building
the application— development application to a local
(i) the person who made the request; government; and
or (b) the period required under that Act for the
(ii) an entity that gave a notice under local government to decide the
section 373 or a pre-request application (the decision period) has
response notice about the request passed; and
(b) if the responsible entity for making the (c) the local government has not decided
change is a concurrence agency for the the application; the person may appeal
application—the person who made the to a building and development
request.. committee against the lack of the
(2) The appeal must be started within 20 decision and for the committee to decide
business days after the day the person is the application as if it were the local
given notice of the decision on the request government.
under section 376. (4) An appeal under subsection (3) must be
(3) Also, a person who has made a request started within 20 business days after the end
under section 369 may appeal to the court of the decision period..
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.
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