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Body Corp for No. 7 Noosa Parade - Concurrence agency response before application is made · OPW15/0114

Attached to the e-mail OPW15/0114- Prescribed Tidal Works Application – 7 Noosa Parade.

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                                                                      Department of Infrastructure,
                                                                      Local Government and Planning


Our reference: SPL-0615-021442


Date: 23 June 2015

Body Corporate for No. 7 Noosa Parade CTS 4624
C/- The Jetty Specialist
2 Industrial Avenue
CALOUNDRA QLD 4551



Dear Sir/Madam

Concurrence agency response before application is made—with conditions
7 Noosa Parade, Noosa Heads QLD 4567
(Related to section 271 and given under section 285 of the Sustainable Planning Act 2009)


Reference is made to your correspondence dated 11 June 2015 requesting the Department
of Infrastructure, Local Government and Planning provide a referral agency response for
the proposed development before the development application is made to the assessment
manager.

Applicant details
Applicant name:                     Body Corporate for No. 7 Noosa Parade CTS 4624
Applicant contact details:          C/- The Jetty Specialist
                                    2 Industrial Avenue
                                    CALOUNDRA QLD 4551

Site details
Street address:                     7 Noosa Parade, Noosa Heads QLD 4567
Real property description:          0 BUP10936
Site area:                          27 m2
Local government area:              Noosa Shire Council


Application details
Proposed development:               Operational Works for Prescribed Tidal Works (Pontoon for
                                    private use)



Page 1
Full text of the other 6 pages

Page 2

                                                                                   SPL-0615-021442




Aspects of development and type of approval being sought
Development type:                            Operational work
Approval type:                               Pre-referral response

Referral triggers
The development application would be referred to the department under the following
provisions of the Sustainable Planning Regulation 2009:
Referral trigger:                   Schedule 7, Table 2, Item 15—Tidal works, or development in a
                                    coastal management district

Documents supplied to support request


                                                                                 Version and
Plan / Report title                           Author             Reference no.
                                                                                 date
Site Plan, Layout & Water                     The Jetty          JSP-SJ-28050    Issue B,
Allocation                                    Specialist                         02/06/2015

Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the department requires that
the conditions set out in Attachment 1 attach to any development approval.

Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department is required to
set out the reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Pursuant to section 272(3) of the Sustainable Planning Act 2009, you will not be required to
refer your application to the department if you submit this 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 a referral agency response
 The development application must be made to the assessment manager within 12
    months of the date of this referral agency response.




Department of Infrastructure, Local Government and Planning                           Page .2

Page 3

                                                                          SPL-0615-021442


If you require any further information, please contact Sarah Doring, Principal Planning
Officer, on 07 3882 8411 who will be pleased to assist.

Yours sincerely




Garth Nolan
Manager Planning

enc:      Attachment 1—Conditions to be imposed
          Attachment 2—Reasons for decision to impose conditions
          Attachment 3—Approved plan




Department of Infrastructure, Local Government and Planning                  Page .3

Page 4

                                                                                         SPL-0615-021442




Our reference:        SPL-0615-021442


Attachment 1—Conditions to be imposed


No.         Conditions                                                          Condition timing
Operational Works for Prescribed Tidal Works
7.2.15 Tidal works, or development in a coastal management district—Pursuant to section 255D of
the Sustainable Planning Act 2009, the chief executive administering the Act nominates the
Director-General of Department of Transport and Main Roads to be the assessing 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.          Provide written notice to:                                          When the
                                                                                development
            Regional Harbour Master                                             authorised under this
            Maritime Safety Queensland                                          approval has started,
                                                                                and when it has
            Macarthur Avenue East                                               been completed
            PINKENBA QLD 4008
            when the development authorised under this approval has started,
            and when it has been completed.


            These notices must state this permit number, the location and
            name of registered place and the condition number under which
            the notice is being given.
2.          “As Constructed” drawings must be provided to:                      Within two (2) weeks
                                                                                of the completion of
            Regional Harbour Master                                             the works
            Maritime Safety Queensland
            Macarthur Avenue East
            PINKENBA QLD 4008
3.          The construction, operation or maintenance of the structure, and    At all times
            any ship moored at this structure, must not impede the safe
            navigation of other ships or restrict safe access to or from
            neighbouring structures.
4.          Any ship, dry berth or device (including Air Lifting Pontoons)      At all times
            berthed, moored or attached to the pontoon/structure must not
            exceed the following sizes:
                      Wet berth - length overall: 7.0m; beam: 3.1m.


5.          The pontoon must be constructed totally within the approved         At all times
            quayline.
6.          The structure must be lit/marked in accordance with the following   At all times
            specifications, such that it does not cause a risk to the safe




Department of Infrastructure, Local Government and Planning                                Page 4

Page 5

                                                                                            SPL-0615-021442




No.         Conditions                                                             Condition timing
            navigation of other ships:
                      Lighting must be provided in accordance with section 3 of
                       AS 4282-1997 'Control of the obtrusive effects of outdoor
                       lighting'.

7.          No part of any structure or any ship berthed at the approved           At all times
            structure is to encroach within 1.5 metres from the side
            boundaries of the allocated water space as shown on the
            submitted water allocation plan JSP-SJ-28050, Issue B as
            attached.
8.          Any debris or similar obstruction encountered whilst undertaking       Prior to completion of
            the work must be promptly and suitably disposed of at the              the works
            applicant’s cost.

Our reference:        SPL-0615-021442


Attachment 2—Reasons for decision to impose conditions

The reasons for this decision are:
 To facilitate the monitoring of the development works for compliance purposes.
 To ensure the development does not encroach on the navigable waterway in a way that
   impedes the safe passage of vessels.
 To ensure that at all times, all lights on or above the development site do not interfere
   with safe navigation in surrounding waterways.
 To ensure the development does not adversely affect navigable access to neighbouring
   premises.

Findings on material questions of fact
 The application demonstrates that the pontoon is within the prescribed quayline and
   does not impede navigation.

Evidence or other material on which the findings were based
 development application
 State Development Assessment Provisions published by the Department of State
   Development, Infrastructure and Planning
 Sustainable Planning Act 2009
 Sustainable Planning Regulation 2009




Department of Infrastructure, Local Government and Planning                                   Page 5

Page 6

                                                              SPL-0615-021442




Our reference:        SPL-0615-021442


Attachment 3—Approved plan




Department of Infrastructure, Local Government and Planning     Page 6

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