Delegated Report - Code - Planning OPW18 0268 · OPW18/0268

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0268
Applicant	Pile-It Pty Ltd
Proposal	Operational Works - Prescribed Tidal Works
Properly Made Date	16 October 2018
Information Request Date	9 November 2018
Information Response Date	14 November 2018
Decision Due Date	21 December 2018
Report Completed Date	19 December 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	Noosa's St Tropez 89 Noosa Pde Noosa Heads Qld 4567
RP Description	BUP 4444
Land Area	1321.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Attached Housing
Overlays	Natural Hazards
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Prescribed Tidal Works (Jetty).
site details
Background
There is no higher order approval requiring the works.
Site Description
The subject site is a multiple unit site with a canal frontage of 33.8m in total.
Surrounding Land Uses
The adjoining developments are also multiple units site.
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Watercourses Works Code
The jetty is proposed to be setback 3 metres from the prolongation of the common boundary between No 89 Noosa Parade and No 1 Peza Court. While the 3m setback is described in Probable Solution S5.1 it is considered that the proposal does not achieve Specific Outcome O5(d) as No 1 Peza Court has a narrow frontage to the canal (total 9.364m) and the proposed location of the jetty impedes waterfront access to No 1 Peza Court. The situation of an adjoining property with a less than 15m canal frontage is addressed with Probable Solutions S5.2 and S5.3 which reads “For lots that adjoin those described in S5.2, a jetty or pontoon is located well away from the common boundary.” To provide a sufficient area to access No 1 it is recommended that the jetty be setback a minimum of 6 metres from the prolongation of the boundary. A relevant condition has been included.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Department of State Development, Manufacturing, Infrastructure and Planning.
The Department provided a “referral Agency response – with conditions on 2 November 2018
Other Referrals
The application was forwarded to the following internal Council officers:
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 OPW18/0268 for Operational Works - Prescribed Tidal Works (jetty) situated at Noosa's St Tropez 89 Noosa Pde Noosa Heads Qld 4567 and described as BUP 4444, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW18/0268
Street address:	Noosa's St Tropez 89 Noosa Pde Noosa Heads Qld 4567
Real property description:	BUP 4444
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Prescribed Tidal Works (Jetty)
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
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
28238-J1	A	Jetty Plan and Details prepared by SCG Consulting Engineers as annotated by Council	August 2018
The jetty must be relocated and/or realigned such that the jetty head is setback a minimum of 6 metres from the prolongation of the common boundary between the subject site and No 1 Peza Court.
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.
Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the revetment wall.
A rigid handrail must be fitted on one side of the walkway.
No posts or vertical supports of the proposed jetty are to extend vertically from the structure unless they provide support for the handrail.
No boatlifting devices are to be attached or moored at the jetty 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 jetty 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 jetty is constructed in accordance with best practice methods and is 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 Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
This approval lapses where the construction of the jetty 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	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	10.17.3.2.1 – Tidal works or work in a coastal management district	The agency provided its response on 2 November 2018  (Reference No. 1810-8184 SRA).

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General
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 Sustainable Planning Act 2009 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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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 on 07 3247 6212 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