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Murray - 1802-3881 SER - Early referral response - with conditions · OPW18/0056

Attached to the e-mail Operational Works Appliction – Prescribed Tidal Works - 17 Wesley Ct Noosa Heads.

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ER2-N




SARA reference:         1802-3881 SER

16 March 2018

 Neil and Denise Murray
 C/- The Jetty Specialist
 2 Industrial Ave
 CALOUNDRA QLD 4551
 [email protected]


Dear Sir / Madam

Early referral response—with conditions
(Given under section 57 of the Planning Act 2016)

The Department of State Development, Manufacturing, Infrastructure and Planning received your request
for an early referral response on 12 February 2018 for the proposed development application described
below.

Applicant details
 Applicant name:                     Neil and Denise Murray
 Applicant contact details:          C/- The Jetty Specialist
                                     2 Industrial Ave
                                     Caloundra QLD 4551
                                     [email protected]

Location details
 Street address:                     17 Wesley Court, Noosa Heads
 Real property description:          40 N21843
 Local government area:              Noosa Shire Council

Application details
 Development permit                  Operational work for prescribed tidal work (Pontoon system & mooring
                                     pile)

Referral triggers
 This early referral response is given for the following provisions of the Planning Regulation 2017:
         10.17.3.2.1                   Tidal works or work in a coastal management district




                                                                          South East Queensland (North) regional
                                                                          office
                                                                          Mike Ahern Building, Level 3, 12 First
                                                                          Avenue, Maroochydore
 Page 1 of 5                                                              PO Box 1129, Maroochydore QLD 4558
Full text of the other 4 pages

Page 2

                                                                                                   1802-3881 SER



Conditions
Under section 56(1)(b)(i) of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
be attached to any development approval.

Reasons for decision to impose conditions
The department must provide reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Approved plans and specifications
The department requires that the plans and specifications set out below and enclosed must be attached
to any development approval.

 Drawing/report title               Prepared by                    Date        Reference no.   Version/issue
 Aspect of development: Operational work
 Site Plan, Layout & Water          The Jetty Specialist           30/1/18     JSP-SJ-29030    B
 Allocation

Pursuant to section 54(4) of the Act, you will not be required to refer your application to the department if
you submit this early referral response in its entirety when making the application to the assessment
manager, and the following conditions are satisfied:
  Any changes to the proposal before the application is made to the assessment manager do not
    result in a substantially different development to that which was presented to the department with the
    request for an early referral response
  The development application must be made to the assessment manager within 12 months of the
    date of this early referral response.

For further information please contact Tom Kasauskas, Senior Planning Officer, on 5352 9717 or via
email [email protected] who will be pleased to assist.

Yours sincerely




Luke Lankowski
Manager, Planning

enc      Attachment 1—Conditions to be imposed
         Attachment 2—Reasons for decision to impose conditions
         Approved plans and specifications




 Department of State Development, Manufacturing, Infrastructure and Planning                          Page 2 of 5

Page 3

                                                                                             1802-3881 SER



Attachment 1—Conditions to be imposed


 No.      Conditions                                                               Condition timing
 Operational work
 Schedule 10.17.3.2.1 - The chief executive administering the Planning Act 2016 nominates the Director-
 General of the Department of Transport and Main Roads to be the enforcement authority for the
 development to which this development approval relates for the administration and enforcement of any
 matter relating to the following condition(s):
 1.       The development must be carried out generally in accordance with the     At all times
          following plan:
                Site Plan, Layout & Water Allocation, prepared by The Jetty
                  Specialist, dated 30/1/18, reference JSP-SJ-29030, revision B

 2.       (a) Provide written notice to:                                           (a) At least two (2)
                                                                                   weeks prior to
          Regional Harbour Master                                                  the
          Maritime Safety Queensland                                               commencement
          Macarthur Avenue East                                                    of works
          Pinkenba QLD 4008
                                                                                   (b) Within two (2)
          when the development authorised under this approval is scheduled to      weeks of the
          commence.                                                                completion of
                                                                                   works
          Each notice must state this application number, the location and name
          of registered place and the condition number under which the notice is
          being given.


          (b) Provide written notice to:

          Regional Harbour Master
          Maritime Safety Queensland
          Macarthur Avenue East
          Pinkenba QLD 4008

          when the development authorised under this approval has been
          completed.

          Each notice must state this application number, the location and name
          of registered place and the condition number under which the notice is
          being given.

 3.       (a) “As Constructed” drawings of the approved structure must be          Within two (2)
          provided to:                                                             weeks of the
                                                                                   completion of the
          Regional Harbour Master                                                  works
          Maritime Safety Queensland
          Macarthur Avenue East
          Pinkenba QLD 4008

 4.       All vessels, structures, plant and equipment associated with the         While the works are
          construction of the approved works must be lit/marked in accordance      occurring
          with the following specifications and requirements such that
          undertaking the construction works does not cause a risk to the safe
          navigation of ships:


 Department of State Development, Manufacturing, Infrastructure and Planning                      Page 3 of 5

Page 4

                                                                                               1802-3881 SER




              (a) any anchors deployed must be marked with yellow buoys and
                  fitted with FL yellow lights.

         Lighting provided must not obscure, disguise or otherwise interfere with
         the effectiveness of navigational lighting.

5.                                                                                   At all times
         The structure must be lit/marked in accordance with the following
         specifications, such that it does not cause a risk to the safe navigation
         of other ships:
         (a) Lighting must be provided in accordance with Section 3 of
             AS4282-1997 Control of the obtrusive effects of outdoor lighting.
         Lighting provided must not obscure, disguise or otherwise interfere
         with the effectiveness of navigational lighting.




Department of State Development, Manufacturing, Infrastructure and Planning                         Page 4 of 5

Page 5

                                                                                             1802-3881 SER



Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
 To ensure the development is carried out generally in accordance with the plans of development
   submitted with the application.
 To facilitate the monitoring of the development works for compliance purposes.
 To ensure that at all times, all lights on or above the development site do not interfere with safe
   navigation in surrounding waterways.

Findings on material questions of fact
  The proposed development is located in a canal.
  The proposed development is for the construction of a private single vessel pontoon.
  With relevant development conditions imposed, the proposed development supports the viable
    operation of aids to navigation, and supports the safe operation of vessels in the navigable
    waterway. Accordingly, the proposed development complies with the purpose statement of State
    code 7 of the State Development Assessment Provisions, which is the relevant assessment
    benchmark for the development application.

Evidence or other material on which the findings were based
 Development application
 State Development Assessment Provisions published by the Department of State Development,
    Manufacturing, Infrastructure and Planning
 Planning Act 2016
 Planning Regulation 2017




 Department of State Development, Manufacturing, Infrastructure and Planning                     Page 5 of 5

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