Delegated Report OPW18/0075

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0075
Applicant	Aroona Management Pty Ltd Tte
Proposal	Operational Works – Boat Lifting Device
Properly Made Date	29 March 2018
Information Request Date	16 April 2018
Information Response Date	15 October 2018
Decision Due Date	27 November 2018
Report Completed Date	22 November 2018
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	3 The Anchorage Noosaville Qld 4566
RP Description	Lot 813 RP 910419
Land Area	1146.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Detached Housing
Overlays	Natural Hazards (flooding and acid sulfate soils)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Boat Lifting Device.
site details
Background
The application is for a floating boat lifting device to be installed on site. The original submission did not include plans to indicate the location of the device. As part of their response to Council’s information request the applicant provided a plan with the device located on the jetty head. Subsequently Council advised the applicant that it was unlikely to support the proposed location on the jetty head. During the assessment of the response the application stopped/extended the time frames to provide a response to address Council’s concerns and the relevant sections of the Watercourses Works Code.
The applicant provided a further response on 15 October 2018 that included relocating the boat lifting device to the southern side of the jetty. The response acknowledges that the amended location is not in accordance with Probable Solution S14.1, the boat lifting device extends beyond the prolongation of the side boundary and provides some reasons to support the application.
The response also includes the following statement from the owner:
“I would be prepared to remove the dock if there were complaints from other residents/neighbours in Noosa Waters”
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 application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:
Probable Solution S14.1
Boat lifting devices are only located in conjunction with an approved jetty where
a) the boat lifting device does not extend into the watercourse beyond the end of the approved jetty;
b) the boat lifting device is no greater than 4m in width or for a jetty hoist 2m in width;
c) the boat lifting device is located adjacent to walkway to the jetty and is generally perpendicular to the revetment wall;
d) the boat lifting device is not located on the jetty head; and
e) the outermost projection of the boatlifting device of jetty hoist is setback a minimum of 1m from the prolongation of the boundaries;
The adjoining property (Lot 100 on RP910418) is State land “Reserve for Park & Gardens” under control of Council as trustee. The intent of Probable Solution S14.1 (e) is to ensure that any boat lifting device does not impact on the visual amenity of an adjoining neighbour. As there is no adjoining residence is it considered that the 1m setback is not relevant in this instance. The proposed boat lifting device will extend approximately 26cm beyond the prolongation of the property boundary into the canal frontage of the adjoining “Park”. The “Park” has a total frontage of 17.353m to the canal and the impacts of the approximate 26cm are considered minor and inconsequential.
It is considered that the proposal achieves compliance with Specific Outcome O14 of the code
Watercourses Works Code
Specific Outcome O14
Boat lifting devices are only constructed in the absence of a boat ramp and are designed and located to—
a) ensure that unacceptable risks to personal and public safety are unlikely to be caused;
b) avoid cluttering of the watercourse;
c) ensure that visual amenity of the foreshore and watercourse is maintained; and
d) ensure the structure integrity of the works are maintained and not compromised.
As the boat lifting device is being installed within the canal (Reserve for Local Government – common lake area under control of Council as trustee) Council has the opportunity to request removal of the device should it be the subject of public complaint or be required otherwise by Council.  The applicant has indicated in their response of 15/10/2018 that they would be willing to remove the device if requested by Council. It is noted that boat lifting devices, as they are not permanently fixed, are not always included with the sale of the property.
It is recommended that the following property notation or similar be added to Council’s rates records to advise prospective purchasers of the potential for the boat lifting device to be removed.
“Private Certifiers, owners and prospective purchasers are notified that special requirements apply to this parcel of land. The boat lifting device has been installed beyond the prolongation of the boundary line. If Council requires the boatlifting device to be removed or relocated at any time, the property owner will be responsible for all costs.
Contact Council's Planning Department for Details.”
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Director Environment & Sustainable Development
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 OPW18/0075 for Operational Works – Boat Lifting Device situated at 3 The Anchorage Noosaville Qld 4566 and described as Lot 813 RP 910419, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW18/0075
Street address:	3 The Anchorage Noosaville Qld 4566
Real property description:	Lot 813 RP 910419
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Boat Lifting Device
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
		Document Set ID:20715185 Version 1	15 October 2018
The boat lifting device must be securely attached to the jetty in accordance with the manufacturers specifications
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.
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 boat lifting device 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.
This approval lapses where the installation of the boat lifting device 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
Not applicable.
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
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.
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
The following property note will be placed against the subject property in Council’s property record system:
“Private Certifiers, owners and prospective purchasers are notified that special requirements apply to this parcel of land. The boat lifting device has been installed beyond the prolongation of the boundary line. If Council requires the boatlifting device to be removed or relocated at any time, the property owner will be responsible for all costs.
Contact Council's Planning Department for Details.”
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