Decision Notice OPW14-0119 22 Seahorse Pl Noosaville · OPW14/0119

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                                                                              OPW14/0119

4.    No posts or vertical supports of the proposed jetty are to extend vertically from the
      structure unless they provide support for the handrail.

5.    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.

6.    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.

7.    Rock scour protection, wrapped in geotextile, extends 750 mm from the face of the
      revetment wall in this locality. Piles are to be located clear of this rock protection.

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

9.    Boat repair activities are not permitted on site.

10.   Wastewater and sullage must only be disposed of at approved pumpout facilities.
11.   The mooring facility must 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 2009.

13.   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. 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 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.

14.   Certification by a Registered Professional Engineer of Queensland that states that
      the jetty and boatlift are constructed in accordance with best practice methods and
      are structurally sound must be submitted to Council. A final inspection and
      approval of the structures by Council’s Inspector is also required. Please contact
      Council’s Planning Assessment Section (Development Audit & Response Officer
      0428738563) to arrange the inspection.

15.   This approval lapses where the construction of the jetty and boatlift 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.

16.   After completion, the proposed works must be maintained in a sound state of
      repair in accordance with the approved plans

5.    REFERRAL AGENCIES

Not Applicable.




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6.   APPROVED PLANS

The following plans are Approved Plans for the development:
Approved Plans

Plan No.   Rev.   Plan Name                                                      Date
J1079-1           Raeffer Govini Proposed Jetty & Boatlift Lot 347 (No 22)       March
                  Seahorse Place, Noosaville prepared by Norden Engineering      2014
J1079-2           Raeffer Govini Proposed Jetty & Boatlift Lot 347 (No 22)       March
                  Seahorse Place, Noosaville prepared by Norden Engineering      2014

7.   REFERENCED DOCUMENTS

Not Applicable.

8.   ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:

     General
1.   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.

2.   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.

3.   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.

     Aboriginal Cultural Heritage Act 2003
4.   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 3239 3647 to
      discuss any obligations under the ACH Act.



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9.     PROPERTY NOTES

Not Applicable.

10.    PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

11.    FURTHER DEVELOPMENT PERMITS REQUIRED

Not Applicable

12.    SELF ASSESSABLE CODES

Not Applicable.

13.    SUBMISSIONS

Not Applicable.

14.    REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

15.    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”.

16.    OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are
available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully




MARK LEWIS
SENIOR ENGINEERING OFFICER

Enc:    Approved Plans/Documents
        Appeal Rights




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                                                Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009



The following is an extract from the Sustainable Planning           notice or negotiated decision notice is given to the
Act 2009 (Chapter 7).                                               submitter.

MATERIAL CHANGE OF USE, RECONFIGURING A                        463 Additional and extended appeal rights for
LOT & OPERATIONAL WORKS                                            submitters         for     particular    development
                                                                   applications
Division 8           Appeals to      court relating to         (1) This section applies to a development application to
                     development      applications and             which chapter 9, part 7 applies.
                     approvals                                 (2) A submitter of a properly made submission for the
                                                                   application may appeal to the court about a referral
461     Appeals by applicants                                      agency’s response made by a prescribed
(1)     An applicant for a development application may             concurrence agency for the application.
        appeal to the court against any of the following—      (3) However, the submitter may only appeal against a
        (a) the refusal, or the refusal in part, of the            referral agency’s response to the extent it relates
             development application;                              to—
        (b) any condition of a development approval,               (a) if the prescribed concurrence agency is the
             another matter stated in a development                      chief executive (environment)—development for
             approval and the identification or inclusion of             an aquacultural ERA; or
             a code under section 242;                             (b) if the prescribed concurrence agency is the
        (c) the decision to give a preliminary approval                  chief executive (fisheries)—development that
             when a development permit was applied for;                  is—
        (d) the length of a period mentioned in section                  (i) a material change of use of premises for
             341;                                                              aquaculture; or
        (e) a deemed refusal of the development                          (ii) operational work that is the removal,
             application.                                                      damage or destruction of a marine plant.
(2)     An appeal under subsection (1)(a), (b), (c) or (d)     (4) Despite section 462(1), the submitter may appeal
        must be started within 20 business days (the               against the following matters for the application even
        applicant’s appeal period) after—                          if the matters relate to code assessment—
        (a) if a decision notice or negotiated decision            (a) a decision about a matter mentioned in section
             notice is given—the day the decision notice                 462(2) if it is a decision of the chief executive
             or negotiated decision notice is given to the               (fisheries);
             applicant; or                                         (b) a referral agency’s response mentioned in
        (b) otherwise—the day a decision notice was                      subsection (2).
             required to be given to the applicant.
(3)     An appeal under subsection (1)(e) may be started       464 Appeals by advice agency submitters
        at any time after the last day a decision on the       (1) Subsection (2) applies if an advice agency, in its
        matter should have been made.                              response for an application, told the assessment
                                                                   manager to treat the response as a properly made
462      Appeals by submitters—general                             submission.
(1)      A submitter for a development application may         (2) The advice agency may, within the limits of its
         appeal to the court only against—                         jurisdiction, appeal to the court about—
          (a) the part of the approval relating to the             (a) any part of the approval relating to the
              assessment manager’s decision about any                    assessment manager’s decision about any part
              part of the application requiring impact                   of the application requiring impact assessment
              assessment under section 314; or                           under section 314; or
          (b) the part of the approval relating to the             (b) any part of the approval relating to the
              assessment manager’s decision under                        assessment manager’s decision under section
              section 327.                                               327.
(2)       To the extent an appeal may be made under            (3) The appeal must be started within 20 business days
          subsection (1), the appeal may be against 1 or           after the day the decision notice or negotiated
          more of the following—                                   decision notice is given to the advice agency as a
         (a) the giving of a development approval;                 submitter.
         (b) any provision of the approval including—          (4) However, if the advice agency has given the
              (i) a condition of, or lack of condition for,        assessment manager a notice under section
                    the approval; or                               339(1)(b)(ii), the advice agency may not appeal the
              (ii) the length of a period mentioned in             decision.
                    section 341 for the approval.
(3)      However, a submitter may not appeal if the            465 Appeals about decisions relating to extensions
         submitter—                                                for approvals
         (a) withdraws the submission before the               (1) For a development approval given for a development
              application is decided; or                           application, a person to whom a notice is given under
         (b) has given the assessment manager a notice             section 389, other than a notice for a decision under
              under section 339(1)(b)(ii).                         section 386(2), may appeal to the court against the
(4)   The appeal must be started within 20 business days           decision in the notice.
      (the submitter’s appeal period) after the decision




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(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 under
      section 383 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.

466 Appeals about decisions relating to permissible
    changes
(1) For a development approval given for a development
    application, the following persons may appeal to the
    court against a decision on a request to make a
    permissible change to the approval—
    (a) if the responsible entity for making the change is
         the assessment manager for the application—
         (i) the person who made the request; or
         (ii) an entity that gave a notice under section
               373 or a pre-request response notice
               about the request;
    (b) if the responsible entity for making the change is
         a concurrence agency for the application—the
         person who made the request.
(2) The appeal must be started within 20 business days
    after the day the person is given notice of the
    decision on the request under section 376.
(3) Also, a person who has made a request under
    section 369 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.

467 Appeals about changing or cancelling conditions
    imposed by assessment manager or concurrence
    agency
(1) A person to whom a notice under section 378(9)(b)
    giving a decision to change or cancel a condition of a
    development approval has been given may appeal to
    the court against the decision in the notice.
(2) The appeal must be started within 20 business days
    after the day the notice of the decision is given to the
    person.




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