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SPA Decision Notice - 010.2010.00000661.001 [As Published] · 142010.661

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                                              Officer:          Marcus Brennan
                                              Direct Telephone: (07) 5449 5225
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    2010/661
                                              Your Reference:


2 June 2010

Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566



Dear Sir/Madam

                                      Decision Notice
                                  Sustainable Planning Act 2009

I refer to your application and advise that on 1 June 2010 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1        APPLICATION DETAILS

    Application No:                   2010/661
    Street address:                   10 Neptune Circuit NOOSAVILLE
    Real property description:        Lot 361 RP863246
    Planning Scheme:                  The Noosa Plan

2        DECISION DETAILS

The following type of approval has been issued:
        Development Permit for Operational Works - Jetty

3        RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.

4        ASSESSMENT MANAGER CONDITIONS

1.       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 and as
         may be amended by these conditions.

          Plan / Document No.     Rev.    Plan / Document Name                              Date
          10/63-1 and 10/63-2     -       Working Drg - John Norden and Associates          May 2010




                                                                                         Page 1 of 6
Full text of the other 5 pages

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                                                                                         2010/661



2.    Structures shall be designed and constructed such that they are free standing within the
      waterway and are not connected to or behind the revetment wall.
3.    Jetties shall have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
      revetment wall.
4.    A rigid handrail shall be fitted on one side of the walkway.
5.    No posts or vertical supports of the proposed jetty are to extend vertically from the structure
      unless they provide support for the handrail.
6.    No boatlifting devices are to be attached or moored at the jetty structure for the purpose of
      elevating a vessel above the water without prior Council approval.
7.    There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
8.    Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
9.    Rock scour protection, wrapped in geotextile, extends 750 mm from the face of the revetment
      wall in this locality. Piles are to be located clear of this rock protection.
10.   The jetty is to be used for private purposes only with no commercial operations to be
      undertaken.
11.   Boat repair activities are not permitted on site.
12.   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
13.   The mooring facility shall not be utilised for live-aboard purposes.
14.   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 1997.
15.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangement to ensure adequacy of design and work. Any approval
      granted does not warrant that such plans and specifications have been checked in detail, nor
      does it 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 does not accept any
      responsibility for the accuracy of such plans and specifications as approved.
16.   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 shall be
      submitted to Council prior to the return of any bond monies held by Council. A final inspection
      and approval of the structure by Council’s Inspector is also required prior to the return of any
      bond monies held by Council. Please contact Council’s Land Development Section to arrange
      the inspection.
17.   The jetty shall be licensed with the Council upon completion of the structural work and shall be
      licensed annually thereafter.
Relevant Period
18.   The Development Permit for Operational Works (Operational Works – Jetty) lapses if the
      works have not been completed by 1 June 2012, unless an application to extend the relevant
      period is approved by Council.
5     REFERRAL AGENCY CONDITIONS

Not applicable.


                                                                                       Page 2 of 6

Page 3

                                                                                            2010/661



6     APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:

 Plan / Document No.              Rev.    Plan / Document Name                              Date
 10/63-1 and 10/63-2              -       Working Drg - John Norden and Associates          May 2010

7     ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1.     Should any changes or modifications to the approved plans be required as a result of
       construction constraints, a Permissible Change application under the Sustainable Planning
       Act must be made. Amended plans clearly indicating the changes must be lodged with this
       application along with the appropriate fees.
2.     The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
       Local Law No. 12, prevents a builder or building contractor carrying out building work on a
       building site in a way that makes or causes audible noise to be made from the building work:-
       2.1.       On a Sunday or public holiday, at any time; or
       2.2.       On a Saturday or a business day, before 7.00am or after 6.30pm.
       2.3.       A maximum penalty of $1,500 applies to an offence under this legislation.
3.     Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991, Act
       if the cost of operational works exceeds $80,000, then a portable long service leave levy is
       required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
       the approved form issued by the Building and Construction Industry (Portable Long Service
       Leave) Authority that confirms that the requirements of the Act have been satisfied. A
       statutory declaration outlining the cost of the operational works must be submitted to Council
       prior to commencement of work.
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.
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 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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8     PROPERTY NOTES

Not applicable
9     PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable.



                                                                                         Page 3 of 6

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                                                                                     2010/661



10     FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.

11     SELF ASSESSABLE CODES

Not applicable.
12     SUBMISSIONS

Not applicable.

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.

14     RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 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. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)

15     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

Yours faithfully,




Denis Wallace
Senior Development Planner




Enc:    Appeal Rights
        Approved Plans/Documents




                                                                                   Page 4 of 6

Page 5

                                                                                              2010/661



                                                  Appeal Rights
                                                 SUNSTAINABLE PLANNING ACT       2009   &    SUSTAINABLE
                                                 PLANNING REGULATION 2009




The following is an extract from the Sustainable                     (i)  a condition of, or lack of condition
Planning Act 2009 (Chapter 6).                                            for, the approval; or
                                                                    (ii) the length of a period mentioned in
MATERIAL CHANGE OF USE, RECONFIGURING A                                   section 341 for the approval.
LOT & OPERATIONAL WORKS
                                                          (3)    However, a submitter may not appeal if the
Division 8 - Appeals to court relating to                        submitter—
development applications
                                                                 (a) withdraws the submission before the
461     Appeals by applicants                                        application is decided; or
(1)     An applicant for a development application               (b) has given the assessment manager a
        may appeal to the court against any of the                   notice under section 339(1)(b)(ii).
        following-
                                                          (4)    The appeal must be started within 20
        (a) the refusal, or the refusal in part, of a            business days (the submitter’s appeal
           development application;                              period) after the decision notice or
        (b) any condition of a development approval,             negotiated decision notice is given to the
           another matter stated in a development                submitter.
           approval and the identification or inclusion   463   Additional and extended appeal rights for
           of a code under section 242                          submitters for particular development
        (c) the  decision to give a preliminary                 applications
           approval when a development permit was         (1)    This section applies to a development
           applied for;                                          application to which chapter 9, part 7
        (d) the length of a period mentioned in                  applies.
           section 341;;                                  (2)    A submitter of a properly made submission
        (e) a deemed refusal of the development                  for the application may appeal to the court
           application.                                          about a referral agency’s response made by
(2)     An appeal under subsection (1)(a), (b), (c) or           a prescribed concurrence agency for the
        (d) must be started within 20 business days              application.
        (the applicant’s appeal period) after—            (3)    However, the submitter may only appeal
                                                                 against a referral agency’s response to the
        (a) if a decision notice or negotiated decision
                                                                 extent it relates to—
            notice is given—the day the decision
            notice or negotiated decision notice is              (a) if the prescribed concurrence agency is
            given to the applicant; or                               the chief executive (environment)—
        (b) otherwise—the day a decision notice was                  development for an aquacultural ERA; or
            required to be given to the applicant.               (b) if the prescribed concurrence agency is
(3)     An appeal under subsection (1)(e) may be                     the    chief   executive      (fisheries)—
        started at any time after the last day a                     development that is—
        decision on the matter should have been                      (i)  a material change of use of
        made.                                                             premises for aquaculture; or
462     Appeals by submitters - general                              (ii) operational work that is the removal,
                                                                          damage or destruction of a marine
(1)     A submitter for a development application
                                                                          plant
        may appeal to the court only against-
                                                          (4)    Despite section 462(1), the submitter may
        (a) the part of the approval relating to the             appeal against the following matters for the
           assessment manager’s decision about                   application even if the matters relate to code
           any part of the application requiring                 assessment—
           impact assessment under section 314; or
                                                                 (a) a decision about a matter mentioned in
        (b) the part of the approval relating to the                 section 462(2) if it is a decision of the
           assessment manager’s decision under                       chief executive (fisheries);
           section 327.
                                                                 (b) a referral agency’s response mentioned in
(2)     To the extent an appeal may be made under
                                                                     subsection (2).
        subsection (1), the appeal may be against 1
        or more of the following—                         464   Appeals by advice agency submitters
        (a) the giving of a development approval;         (1)    Subsection (2) applies if an advice agency, in
                                                                 its response for an application, told the
        (b) any provision of the approval including—             assessment manager to treat the response
                                                                 as a properly made submission.
                                                                                            Page 5 of 6

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                                                                                          2010/661

(2)   The advice agency may, within the limits of its   (4)    An appeal under subsection (3) may be
      jurisdiction, appeal to the court about—                 started at any time after the last day the
      (a) any part of the approval relating to the             decision on the matter should have been
         assessment manager’s decision about                   made.
         any part of the application requiring          467    Appeals about changing or cancelling
         impact assessment under section 314; or               conditions imposed by assessment
      (b) any part of the approval relating to the             manager or concurrence agency
          assessment manager’s decision under           (1)    A person to whom a notice under section
          section 327                                          378(9)(b) giving a decision to change or
(3)   The appeal must be started within 20                     cancel a condition of a development approval
      business days after the day the decision                 has been given may appeal to the court
      notice or negotiated decision notice is given            against the decision in the notice.
      to the advice agency as a submitter.              (2)    The appeal must be started within 20
(4)   However, if the advice agency has given the              business days after the day the notice of the
      assessment manager a notice under section                decision is given to the person.
      339(1)(b)(ii), the advice agency may not          For Building Works Only
      appeal the decision.                              532    Appeals by applicants
465   Appeals about decisions          relating   to    (1)    If—
      extensions for approvals
                                                               (a) a person has been given, or is entitled to
(1)   For a development approval given for a                      be given—
      development application, a person to whom a
      notice is given under section 389, other than                (i)       an information notice under the
      a notice for a decision under section 386(2),                          Building Act about a decision
      may appeal to the court against the decision                           other than a decision under
      in the notice.                                                         that Act made by the
                                                                             Queensland Building Services
(2)   The appeal must be started within 20                                   Authority; or
      business days after the day the notice of the
      decision is given to the person.                             (ii)      an information notice under the
                                                                             Plumbing and Drainage Act
(3)   Also, a person who has made a request                                  2002 about a decision under
      under section 383 may appeal to the court                              part 4 or 5 of that Act; or
      against a deemed refusal of the request
                                                               (b) a person—
(4)   An appeal under subsection (3) may be
      started at any time after the last day the                   (i)       was an applicant for a building
      decision on the matter should have been                                development approval; and r
      made.                                                        (ii)      is dissatisfied with a decision
                                                                             under the Building Act by a
466   Appeals about decisions relating to
                                                                             building certifier or referral
      permissible changes)
                                                                             agency about inspection of
(1)   For a development approval given for a                                 building work the subject of the
      development application, the following                                 approval; the person may
      persons may appeal to the court against a                              appeal against the decision to
      decision on a request to make a permissible                            a building and development
      change to the approval—                                                committee.
      (a) if the responsible entity for making the      (2)    An appeal under subsection (1) must be
         change is the assessment manager for                  started within 20 business days after the day
         the application—                                      the person is given notice of the decision.
         (i)   the person who made the request;         (3)    If—
               or                                              (a) under the Building Act, a person makes
         (ii) an entity that gave a notice under                    an application other than a building
               section 373 or a pre-request                         development application to a local
               response notice about the request                    government; and
      (b) if the responsible entity for making the             (b) the period required under that Act for the
          change is a concurrence agency for the                    local government to decide the
          application—the person who made the                       application (the decision period) has
          request..                                                 passed; and
(2)   The appeal must be started within 20                     (c) the local government has not decided
      business days after the day the person is                     the application; the person may appeal
      given notice of the decision on the request                   to a building and development
      under section 376.                                            committee against the lack of the
(3)   Also, a person who has made a request                         decision and for the committee to decide
      under section 369 may appeal to the court                     the application as if it were the local
      against a deemed refusal of the request.                      government.
                                                        (4)    An appeal under subsection (3) must be
                                                               started within 20 business days after the end
                                                               of the decision period..
                                                                                       Page 6 of 6

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