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Noosa Council Letter
Attached to the e-mail Operational Works Application OPW20/0114 - Email 1 of 4 Cover Letter - DA Form 1 - Company Search - Qld Globe map.
Our Ref: MJK:SLS:20181085
Your Ref:
7 July 2020
Chief Executive Officer, Noosa Council
PO Box 141
Tewantin, QLD 4565
Attention: Development Assessment
By email: [email protected]
Dear Chief Executive Officer
Application for Development Permit – Finger Jetty within Noosa Waters
We act on behalf of Australian Sunrise Citrus Pty Ltd ACN 142 786 294 as Trustee (Owner); Company Search
attached.
Development Application Form
The Owner now lodges a DA Form 1 – Development Application details, in relation to proposed operational
works (construction of Finger Jetty) within Noosa Waters; DA Form 1 attached.
Fees
Our client would prefer to make online payment of the fees associated with the Application. In accordance
with the Council’s usual practice could you please provide to us by email the Application reference number
and payment link.
Premises Details
The premises for the purpose of the Application is Lot 502 on RP1839224; see the Queensland Globe extract
attached.
Lot 502 is a part of the Noosa Waters Canal System.
Details of the operational works for which approval is sought, being a Finger Jetty are contained within the
Plans prepared by Kunkel Building Design comprising 3 sheets; as attached.
Sheet 1 of the Kunkel Plans shows the location of the proposed Jetty relevant to the existing Jetty and the
existing Units.
Sheet 2 confirms the design of the Jetty has been prepared so that:
1. no part of the Jetty structure will be affixed to the existing revetment wall;
2. no part of the Jetty’s structure will protrude past the existing revetment wall; and
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Noosa Council 2 7 July 2020
3. the mooring capacity of the Jetty will be depending on vessel length and manoeuvring capacity,
approximately 2-3 vessels.
The Adjacent Land
The Owner makes Application as Owner of the adjacent land, being Lot 1 on BUP 103414 (Lot 1).
Lot 1 is located within the Portside Noosa Waters Community Titles Scheme 16592; see CTS Search
attached.
The Community Titles Scheme comprises of 21 Lots and Common Property. The Lots are described within
BUP103414; copy attached.
Lot 1 is the eastern most Lot and is located immediately adjacent to the proposed Finger Jetty.
Between Lot 1 and the proposed Jetty is Common Property similar in configuration to that described within
figure 14-37 of Council’s Watercourses Works Code, being division 21 of part 14 of the Noosa Plan. That is
as described within figure 14-37 “Units with Common Property along Canal frontage”; copy attached.
Lot 1 has the exclusive use of the Common Property between Lot 1 and the proposed Jetty; see the attached
Title Search of the Common Property of the Scheme and the currently recorded Community Management
Statement for the Scheme attached.
Pursuant to By-law 12, Lot 1 has exclusive use of the relevant portion of Common Property as a courtyard.
See particularly page 8 of 9 of the CMS and exclusive use area 1 located to the east and north of Lot 1, which
adjoins Lot 502 on RP1839224.
The Owner is Owner of Lot 1; see current Title Search attached.
Owner’s Consent
The Owner is the owner of the land adjacent to the premises (on which the proposed Jetty will be
constructed) including as Lot 1 and the associated exclusive use courtyard area are located immediately
adjacent to the premises.
The Owner is owner of both Lot 1 and, for the purposes of the Planning Act 2016 (Act) the owner of the
exclusive use courtyard.
The “owner” of the exclusive use courtyard pursuant to the definition contained within the Act is the person
who:
1. is entitled to receive rent for the land, premises or place; or
2. would be entitled to receive rent for the land, premises or place if the land, premises or place were
rented to a tenant.
The Owner is exclusively entitled to the rental income derived from renting the exclusive use courtyard; see
North Point Brisbane [2012] QBCCMCmr 355 at paragraphs [105] to [111] copy attached.
The decision in North Point was upheld on Appeal in the decision of Ballada Pty Ltd v North Point Brisbane
& Anor [2013] QCATA 184 and see particularly paragraphs [68] to [82] copy attached.
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Noosa Council 3 7 July 2020
Certification of Design
The proposed design of the Jetty has been certified by HR Design; Form 15 Certification attached.
The engineering design details are contained within the “proposed new Jetty” engineering design provided
by HR Design; copy attached.
Compliance with Code
The specific outcome O12 of item 14.168 (Design, construction and safety – Jetties) within the
Watercourses Works Code, being Division 21 of Part 14 (Assessment benchmarks and requirements for
development for a stated purpose of a stated type) of the Noosa Plan pertains.
Particularly, the Owner relies upon probable solution s12.6. That solution is as follows:
Unit Developments with Common Property along Canal frontage met the following –
1. A maximum of 2 Jetties per Unit Development:
2. Jetties are shared between Unit Owners;
3. A minimum of 20m separation is provided between each Jetty;
4. The Jetty is set back a minimum of 3m from the prolongation of boundaries; and
5. Jetty Heads and Pontoons are not constructed (Refer Figure 14-37);
Each of those criteria are now addressed in turn.
The Kunkel Building Design Plans show the existing Jetty (sheet 01). The existing Jetty plus the proposed
Jetty leads to a maximum total of 2 Jetties per Unit Development.
The Jetties are shared between Unit Owners, including the proposed Jetty the subject of this Application,
which will be shared on a “first in, first served” basis.
The Kunkel Building Design Plans show that there is more than 20 metres between the existing Jetty and
the proposed Jetty. Given the available frontage, the proposed Jetty location is the only practical Jetty
location for a second Jetty.
The proposed Jetty is set back a minimum of 3 metres from the prolongation of boundaries and particularly
the eastern boundary with Lot 912 on RP839224.
Finally, the proposed Jetty will not have a Jetty Head and is not a Pontoon.
Accordingly, the requirements of the relevant code provisions are satisfied.
Information Request
Our client is satisfied to receive information requests, if required.
In our respectful Submission however, the Application with supporting documents, is complete on its’ face
and complies with all relevant requirements.
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Noosa Council 4 7 July 2020
Conclusion
On behalf of our client we thank you for your consideration of the Application and look forward to receiving
a copy of the Development Permit once processing is complete.
Yours faithfully
STRATUM LEGAL PTY LTD
Contact: Michael Kleinschmidt
Legal Practitioner Director
+61 07 5406 1282
[email protected]
Individual liability limited by a scheme approved under professional standards legislation.
Page 5
Noosa Council 3 July 2020 |, Kerree Ann Bezencon, Director of Australian Sunrise Citrus Pty Ltd as Trustee, for and on behalf of the Company authorise the making of the Application attached to this correspondence (with all attachments) to the Noosa Council. tt pags fy 4] Fy we. Kerree Ann Bezencon Date TABLE OF ANNEXURES Annexure Number Annexure Document ASC1 Company Search Australian Sunrise Citrus Pty Ltd ASC2 DA Form 1 ASC3 QLD Globe ASC4 Kunkel Plans ASC5 QLD CMS Search ASC6 BUP 103414 ASC7 Part 14 Assessment Criteria (Codes) (1) ASC8 Common Property Title Search ASC9 Community Management Statement ASC10 Lot 1 Title Search ASC11 North Point Brisbane [2012] QBCCMCmr 355 ASC12 Ballada Pty Ltd v North Point Brisbane & Anor [2013] QCATA 184 ASC13 Engineering Certification ASC14 Engineering Drawings