Delegated Report - Code - Planning MCU24 0044 · MCU24/0044

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	MCU24/0044 & OPW24/0045
Applicant	Michael John Guthrie, Sandy Lee Guthrie
Proposal	Material Change of Use - Landing - Residential
Properly Made Date	2 April 2024
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	15 July 2024
Report Reviewed & Finalised By	Dan Epps – 28 May 2024

PROPERTY DETAILS
Property Address	13 Dolphin Cres Noosaville Qld 4566
RP Description	Lot 74 N 10573
Land Area	784.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils, Flooding (riparian buffer on waterway)
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Landing – Residential and Operational Works – Prescribed Tidal Works, Pontoon and Gangway.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Plan

Figure 4 – Elevations
site details
Background
There is no higher order approval requiring the works.
Site Description
The site currently has an existing boatramp and a jetty. The plans indicate that the existing jetty will be removed as part of these works.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Noosaville Local Plan Code;
Low Density Residential Zone Code;
Waterways Works Code
The application has been found to generally comply with all applicable statutory instruments.
It is noted that the overall width of the pontoon, 3.010m, exceeds the dimension nominated in the Waterways Works Code by 0.01m. This is considered to be acceptable in this instance.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of Infrastructure, Local Government and Planning (SARA)
The Department has responded on the 27 May 2024 advising that they supported the application subject to conditions.
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Planning Assessment
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU24/0044 for a Material Change of Use - Landing – Residential and OPW24/0045 for Operational Works – Prescribed Tidal Works (pontoon and gangway) situated at 13 Dolphin Cres Noosaville Qld 4566 and described as Lot 74 N 10573, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU24/0044 & OPW24/0045
Street address:	13 Dolphin Cres Noosaville Qld 4566
Real property description:	Lot 74 N 10573
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Landing – Residential, and
Development Permit for Operational Works – Prescribed Tidal Works (Pontoon and Gangway)
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
TJS-04865-01	A	Site Plan & Water Allocation prepared by EDGE Consulting Engineers	5 October 2023
TJS-04865-02	A	Layout Plan prepared by EDGE Consulting Engineers	5 October 2023
TJS-04865-03	A	Elevation prepared by EDGE Consulting Engineers	5 October 2023
TJS-04865-04	A	Foam Details, Ally Flat Deck Type prepared by EDGE Consulting Engineers	5 October 2023
JSP-GW-006	M	Standard Catwalk Construction prepared by EDGE Consulting Engineers	14 January 2021
JSP-SD-102-1	A	Pile Bracket Construction to Suit 315 Piles & 6 Roller Bracket prepared by EDGE Consulting Engineers	23 September 2019
JSP-SD-045	E	Concrete Insitu Pile Construction 315 & 400 Diameter Reinforced prepared by EDGE Consulting Engineers	9 September 2020
JSP-SD-212	D	FRP Reinforced Pontoon Construction Standard Flat Deck and Float a Boat Pontoons prepared by EDGE Consulting Engineers	9 September 2020
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 28 May 2026, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the commencement of the works. The cash bond or trading bank guarantee will be returned on performance of the conditions of this approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
General Conditions
All elements of the existing jetty, both above and below water level, must be wholly removed as part of these works.
The maximum number of vessels that may be berthed, moored, attached or stored on the structure(s) must not exceed 2.
The use of the pontoon must not cause any adverse effects on the amenity of the surrounding areas including changes to light, views, air quality and noise.
Vessels berthed/moored at the pontoon must be located a minimum of 1.0 metre from the prolongation of the property boundaries.
Vessels must be connected directly to the pontoon, and not located side by side or in tandem with another vessel.
All structures must be designed and constructed such that they are free standing within the waterway and are not connected to or behind the revetment wall
All structures must have no detrimental effects on stormwater drains and/or easements.
A rigid handrail must be fitted on at least one side of the gangway. The handrail must be of an open design and in accordance with the approved plans.
No boatlifting devices are to be attached or moored at the pontoon structure for the purpose of elevating a vessel above the water without Council approval.
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall unless all switches and power outlets are positioned above the 1%AEP flood level.
Lighting associated with the use must be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
The pontoon is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities are not permitted on site.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
Certification by a Registered Professional Engineer of Queensland that states that the pontoon and gangway are constructed in accordance with best practice methods and are structurally sound must be submitted to Council. This certification must be submitted to Council within three (3) months of the completion of the works. A final inspection and approval of the structure by Council’s Inspector is also required. Please contact Council’s Development Assessment Branch on 5329 6500 to arrange the inspection.
This approval lapses where the construction of the pontoon has not commenced within two (2) years of the date of issue of the approval, unless application is made and approved by Council for an extension.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	Department of State Development, Manufacturing, Infrastructure, and Planning (SARA) SARA – SEQ North Region Office (07) 5352 9701 or email: [email protected]	Schedule 10, Part 17, Division 1 – Tidal Works or work in a Coastal Management District	The agency provided its response on 27 May 2024 (Reference No. 2404-40124 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
The approval or conditions do not absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statues and/or statutory regulations in the execution and/or performance of said works.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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