Request a Change to Existing Approval & Response to Show Cause Notice -142008.1704.4

Sunshine coast Regional Council                                             Emanate Legal
Attention Michael Cantori                                                    30 May 2011
BGT:VG:BAK:101045:0525.01                                                         Page 7




In the premises of the matters stated above, the installation of these boat lifting devices is
accordance with the conditions of the development application and in particular, the plans,
the subject of the approval, alternatively, by reason of the matter stated above, condition 11
is inconsistent with the Infrastructure Uses Code and Noosa Planning Scheme Policy 4
and/or is not a reasonable and relevant condition and accordingly, unlawful.

Condition 13 - Electrical Reticulation System

The lighting and electrical system beyond the revetment wall should be approved by the
Council as:

•     It is a requirement mandated by MSQ, as stipulated at Condition three (3) of the
      concurrence agency response that the jetty/pontoon be sufficiently lit so as to avoid
      any risk and ensure the safe passage of vessels:

        "The pontoon/jetty and all freestanding piles must be lit and clearly visible to
        approaching vessels. The contractor must position all lighting so it does not cause a
        risk to the safe navigation of other vessels. "

•     The installation of the 240v lighting beyond the revetment wall complied with condition
      3 of MSQ's concurrence agency response. To the extent of any inconsistency
      between a Council policy and a direction given by the State (MSQ), the marine safety
      conditions as identified prevail.

•     There is lighting visible on neighbouring pontoons and along the Noosa River as
      evidenced by the Visual Impact Report prepared by LVO Architecture: Greg O'brien
      dated 25 February 2009 and submitted to Council in response to the Information
      Request. The photographs detailed in the Visual Impact Report clearly show
      neighbouring pontoons with lighting beyond the revetment wall. The installation of the
      lighting is in uniformity and is compatible with other jetties/pontoons along the Noosa
      River.

•     The neighbours to the Land agreed to the jetty/pontoon in writing and have not raised
      any issue in respect of the lighting beyond the revetment wall to Strand Gardens.

•     The Land (including the premises) is protected from unwanted intrusion and
      vandalism.

•     For the safety and wellbeing of any person treading on or about the jetty/pontoon.

•     To avoid liability issues arising as a result of the inability to properly see (i.e. not well
      lit).

•     For the safe navigation of water vessels to avoid any unnecessary accidents or
      instances.

•     The overarching purpose of Design Criteria 1.16 of Council's Policy is to inter alia
      ensure the "safety, amenity, rights and privileges of ... property owners are not
      prejudiced, without unduly limiting what a person may do on ... tidal land fronting their
      site. "