Delegated Report - Code - Planning OPW19 0227 · OPW19/0227

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW19/0227
Applicant	Aqua Pontoons Pty Ltd
Proposal	Operational Works - Prescribed Tidal Works
Properly Made Date	11 October 2019
Information Request Date	Not required
Information Response Date	Not applicable
Decision Due Date	24 January 2020
Report Completed Date	13 December 2019
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	44 Noosa Pde Noosa Heads Qld 4567
RP Description	Lot 21 N 21842
Land Area	611.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Detached Housing
Overlays	Natural Hazards
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Prescribed Tidal Works (pontoon, gangways and landings).
site details
Background
Due to the existing rock seawall and the height difference between the residence and the waterway the works include concrete landings and gangways providing access to the proposed pontoon structure. The quayline from the property boundary to the outer edge of the pontoon is approximately 10m. This quayline is consistent with structures along this section of the waterway and has been approved by The Department of State Development, Manufacturing, Infrastructure and Planning in their response dated 28 November 2019
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.
draft planning scheme
The works are generally in accordance with the draft scheme
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
The Department of State Development, Manufacturing, Infrastructure and Planning provided their response dated 28 November 2019.
Other Referrals
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.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW19/0227 for Operational Works - Prescribed Tidal Works (pontoon, gangways and landings) situated at 44 Noosa Pde Noosa Heads Qld 4567 and described as Lot 21 N 21842, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW19/0227
Street address:	44 Noosa Pde Noosa Heads Qld 4567
Real property description:	Lot 21 N 21842
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Prescribed Tidal Works (pontoon, gangways and landings).
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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
AP7354-01	A	Site Plan, Pontoon Plan & General Notes prepared by Aqua Pontoons	15 July 2019
AP7354-02	O	Elevations prepared by Aqua Pontoons	3 June 2019
AP7354-03	O	Pontoon & Pile Bracket Details prepared by Aqua Pontoons	3 June 2019
AP7354-04	O	Hinged Gangway & Bracket Details prepared by Aqua Pontoons	3 June 2019
AP7354-05	O	Fixed Gangway & Bracket Details prepared by Aqua Pontoons	3 June 2019
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the final inspection undertaken by 13 December 2021, unless an application to extend the currency period is approved by Council.
General Conditions
All structures must have no detrimental effects on seawalls, revetment walls, stormwater drains and/or easements.
No boatlifting devices are to be attached or moored at the pontoon 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.
The pontoon 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 pontoon, gangways and landings are constructed in accordance with best practice methods and are structurally sound must be submitted to 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
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDMIP SARA at DSDMIP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Planning Regulation 2017 Schedule 10, Part 17 – Tidal Works or Works in a Coastal Management District	The agency provided its response on 28 November 2019  (Reference No. 1910-13730-SRA). A copy of the response is attached

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 Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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).
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval details
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.
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.
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