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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.
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
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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
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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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