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SUPERSEDED - Decision Notice - 010.2009.00000871.001 [As Published] · 142009.871
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2009/871
Your Reference:
23 July 2009
Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566
Dear Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 21 July 2009 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/871
Street address: 59 Wyuna Drive Noosaville
Real property description: Lot 29 N 10575
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - 09/0871 Prescribed Tidal Work - 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 drawing numbers 09/09-
1 and 09/09-2, prepared by John Norden and Associates and dated February 2009
and as may be amended by these conditions and annotations to the plans made by
Council.
2. The jetty must be constructed with a maximum quayline of 10 metres.
3. 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.
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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 are to be attached or moored at the jetty structure for the purpose
of elevating a vessel above the water without Council approval.
7. The jetty shall be constructed in a manner to render the underside area vermin proof.
8. There shall be no electrical reticulation system carrying electricity in excess of 24
volts beyond the revetment wall.
9. 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.
10. The jetty is to be used for private purposes only with no commercial operations are to
be undertaken.
11. Boat repair activities will not be permitted on site.
12. Wastewater and sullage shall only be disposed of at approved pumpout facilities.
13. The mooring facility shall not be utilised for live-aboard purposes.
14. 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.
15. 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.
16. 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 have no detrimental affect on the existing revetment walls.
17. 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
Operational Works Assessment Branch 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.
19. The Development Permit for Operational Works lapses if the works have not been
completed by 21 July 2011, unless an application to extend the currency is approved
by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
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2009/871
Referral Trigger Referral Status Referral Agency Referral Address
Operational Work that is Concurrence Environmental Ecoaccess Customer
Prescribed Tidal Works Protection Agency Service Unit, PO Box
15155, City East Qld 4002
Operational Work that is Concurrence Qld Transport – MacArthur Ave East,
Prescribed Tidal Works Maritime Safety Pinkenba Qld 4008
A copy of any referral agency conditions is attached.
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
09/09-1 & 09/09-2 Prepared by John Norden & Associates February 2009
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
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.
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 (ACH Act).
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2009/871
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 ACH 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.
8 PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
Not Applicable.
9 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Not applicable.
10 SELF ASSESSABLE CODES
Not applicable.
11 SUBMISSIONS
Not applicable.
12 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
13 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,
Denis Wallace
SENIOR DEVELOPMENT PLANNER
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2009/871
Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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7. The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel
clearance at all stages of tide. The ship must comply with any local restrictions placed on channel
depths and draft restrictions.
8. Any ships and equipment you or your agent use must comply with the Transport Operations
(Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the
Transport Operations (Marine Pollution) Act 1995.
9. Any ships using this structure must comply with the Transport Operations (Marine Safety) Act
1994 and the Transport Operations (Marine Safety) Regulation 2004.
10. Any ship moored at this jetty must not impede the safe navigation of other ships or restrict safe
access to or from neighbouring structures.
ad {Atty shiprdry berth’ or device (including"Air-Lifting Pontoons) berthed, moored or attached to the
pontoon/structure must not exceed the following sizes:
Wet Berth : Dry Berth
Length Overall- 5 metres NIA
Beam - 2 ~~ “metres
12. The contractor must construct the jetty within two years from the date of approval. If
construction is not completed, you will need additional or amended comments from the Regional
Harbour Master.
Maritime Safety Queensland does not need to be further consulted if all of the above conditions are
met.
The above conditions must be included in your application to the assessment manager.
This agency will also forward a copy of this letter to the Assessment Manager.
Yours sincerely
Captain Richard C Johnson
Regional Harbour Master @risbane)
Maritimo Safety Queenstand = Page 2 of 2 L
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2009/871
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2009/871
Notice
Integrated Planning Act 1997
Early Concurrence Agency Response
This notice is issued by the Department of Environment and Resource Management pursuant to Sections 3.3.2, 3.3.16
and 3.3.18 of the Integrated Planning Act 1997 to.advise of a decision or action.
Mr and Mrs Nev Smoothy CC: — Chief Executive Officer
Clo Noosa Jetty Builders . Sunshine Coast Regional Council
PO Box 299 Locked Bag 72
NOOSAVILLE QLD 4566 SCMC QLD 4560
. Our reference: HM2.1.3367;-MCY2128
Attention: Mrs Emma Reed my .
Re: Request for early concurrence response
Dear Mrs Reed *
The Department of Environment and Resource Management (DERM), wishes to advise that the request for
early concurrence agency response, received on 31 March 2009, has been assessed, and on 22 June 2009
a decision was made to issue a response for consideration of the assessment manager when the application
{becomes properly made. a
4. Property/Location: .
Street Address 59 Wyuna Drive
- «.[ NOOSAVILLE QLD 4566
Lot/Pian ‘Lot 29 Plan N10575
2. Details of the recommendation
Aspect of Recommendation DERM Decision
Activity (Referral Triggers) Development Number
Prescribed Tidal Work being Early Concurrence
for construction of.a new Response for Granted i fall with IPCC01443709
timber jetty Operational Work
Page 1of2*AFO80109 +s px: +
Department of Environment and Resource Management
www.derm.qid.gov.au ABN 87 221 158 786
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2009/871 Page 8 of 14 [OCR of page images] 2009/871 ecoaccess oe ‘environmental licences and permits Notice Early Concurrence Agency Response 3. Currency period This approval will lapse unless substantially started within the currency period/s set by the Assessment Manager OR the standard currency periods stated in section 3.5.21 of the Integrated Planning Act 1997 applying to each aspect of development in this approval AND/OR the following currency periods applying to aspects of development in this approval. This approval! will lapse unless substantially started within two years. , 4. The approved plans The approved plans and/or documents for this approval are: Plan/Document No. Plan/Document Name _ Date Drawing 09/09-1 WATER ALLOCATION PLAN AND February 2009 FRAMING LAYOUT @ Drawing 09/09-2 FRONT ELEVATION, SIDE ELEVATION | February 2009 AND SECTION DETAILS 5. Codes for self-assessable development Any self-assessable development for an environmentally relevant activity conducted in conjunction with this approval, must comply with the relevant code of environmental compliance. 6. Assessment Manager Responsibilities Please note that it is a requirement under Sections 3.5.15 and 3.5.17 of the Integrated Planning Act 1997 that a copy of the final Decision Notice (which includes DERM’s concurrence response) for this application issued by the Sunshine Coast Regional Council, be forwarded to each referral agency. Therefore could you please send a signed hardcopy to DERM's Ecoaccess Customer Service Unit, PO Box 15155 CITY EAST 4002 and an electronic copy to [email protected] addition, the State’s Native Title Work Procedures indicate that responsibility for assessment of native i) issues for an IDAS application rest with the Assessment Manager. Therefore in this instance, DERM has n provided a notification to native title parties. If you require more information, please contact Louise Pinn, the Project Manager, on the telephone number listed below. Yours sincerely Enquiries: . ES - Reg Serv - Bne North - Sunshine Coast - DERM Ben Sale PO Box 168 Delegate COTTON TREE QLD 4558 Environmental Services Phone: (07) 5459 6132 Department of Environment and Resource Management Fax: (07) 5443 9927 Page 2 of 2 + AFOB0109 Department of Environment and Resource Management Page 8 of 14
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2009/871 Page 9 of 14 [OCR of page images] 2009/871 egrated Planning Act 1997 DERM Permit’ number: —_ 1PCC01443709 DERM Permit’ number: IPCC01 443709 Assessment Manager reference: NIA Applicant: Nev and Michelle Smoothy Date application received by DERM: = 31 March 2009 Permit! Type: Early Concurrence Response for Operational Work Date of Decision: 22 June 2009 , Decision: Granted in full with conditions Relevant Laws and Policies: Coastal Protection and Management Act 1995 and any subordinate legislation Jurisdiction: Item 9 in Table 2 of Schedule 2 of the Integrated Planning Regulation 1998 Development Description Property iLot/Plan Aspect of Development 59 Wyuna Drive Prescribed Tidal Work being for construction of a NOOSAVILLE QLD 4566 Lot 29 Plan N10575 | new timber jetty Reasons for inclusion of development conditions In accordance with section 3.3.18(8) of the integrated Planning Act 1 997 and section 27B of the Acts interpretation Act 1954, the reasons for the inclusion of development conditions are: The Department of Environment and Resource Management (DERM) is a concurrence agency under the Integrated Planning Regulation 1998 for coastal management under the Coastal Protection and Management Act 1995, excluding amenity or aesthetic significance or value. Additional information for applicants The standard currency periods stated in section 3.5.21 of the integrated Planning Act 1997 or the nominated currency period, apply to each aspect of development in this permit’. For information on when this permit’ takes effect and the relevant currency periods, please see point 3 in the Early Concurrence Agency Response Notice. 1 Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation administered by the Department of Environment and Resource Management. Page 1 of 4 Department of Environment anid Resource Management www.derm.qid.gov.au ABN 87 221 156 786 a
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2009/871 Page 10 of 14 [OCR of page images] 2009/871 DERM Permit number: IPCC01443709 °* Contaminated Land Itis a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on the land or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Department of Environment and Resource Management. GGhe, Ben Sale Delegate Environmental Services . Department of Environment and Resource Management Page 2 of 4 Department of Environment and Resource Management Page 10 of 14
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2009/871 Page 11 of 14 [OCR of page images] 2009/871 7 DERM Permit number: IPCC01443709 CONDITIONS OF APPROVAL General Permit Condition Agency interest: Coastal Agency Interest: Water All works are to be constructed in accordance with the attached approved drawings and specifi ications listed in the approved plans section in the notice attached to this permit. The chief executive administering the Coastal Protection and Management Act 1995 may order the works to be removed or modified, within a reasonable time, if the works have or are likely to have a significant effect on coastal management because the works: (a) create a navigation hazard or other danger to the Public; or (b) cause erosion or Jand degradation; or (c) are unstable or have not been constructed according to the approved plans. All reasonable and practicable 1 measures must ‘be taken to prevent ‘pollution of watercourses or stormwater systems as a result of silt run-off, oi! and grease spills from machinery, concrete truck washout and alike. Concrete agitator wash out must only be conducted in a specified area to facilitate the removal of waste concrete from the area to landfill. Wastewater from cleaning equipment must not be discharged directly or in-directly to any ‘watercourses or stormwater systems. ' ee 4 There is to be no visible sediment plume greater than 30 metres from.the proposed structure. If a visible plume exists 30 metres from the proposed structure, works must immediately cease and a sediment net must be positioned around the plume until it has settled and is no longer visible. Page 3 of 4 Department of Environment and Resource Management } Page 11 of 14
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2009/871 Page 12 of 14 [OCR of page images] 2009/871 DERM Permit number: IPCC01443709 © ° DEFINITIONS Words, and phrases used throughout this permit! are defined below. Where a definition for a term used in this permit’ is sought and the term is not defined within this permit’ the definitions provided in the relevant legislation shall be used. “approval” means ‘notice of development application decision’ or ‘notice of concurrence agency response’ under the Integrated Planning Act 1997. “approved plans” means the plans and documents listed in the approved plans section in the notice attached to this development approval. "Department of Environment and Resource Management" means the department or agency (whatever called) administering the Coastai Protection and Management Act 1995 or the Environmental Protection Act 1994. “and” in the "land schedule” of this document means land excluding-waters and the atmosphere. "site" means jand or tidal waters on or in which it is proposed to carry out the development approved under this development approval. “watercourse” means’d river, creek or stream in which water flows permanently or intermittently- * ina natural channel, whether artificially improved or not; or c e «in an artificial channel that has changed the course of the watercourse. “waters” includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part- thereof. “works” or "operation" means the development approved under this development approval. “you" means the holder of this development approval or owner / occupier of the land which is the subject of this development approval. END OF CONDITIONS Page 4 of 4 Department of Environment and Resource Management
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2009/871
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated
(6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the concurrence agency’s
response for the code.
Appeals by applicants
4.1.27.(1) An applicant for a development application Appeals by advice agency submitters
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development
development approval for a 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
under section 3.1.6;1 (b) the advice agency told the applicant and the
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 relevant period;
days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant.
4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
(3) If a person withdraws a submission before the scheme.
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
(4) If an application involves both impact against a deemed refusal of the request.
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the
(no co-respondents)
development that would have required public
notification under the repealed Act. 4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-
a. (a) a notice giving a decision on a request to change
1
Section 3.1.6 (Preliminary approval may override or cancel a condition of a development approval.
local planning instrument)
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2009/871
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;3
(c) the decision to give a preliminary approval when a
development permit was applied for;
a.
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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