Skip to the record
NoosaWatch™: The source of truth.

Original source · versioned page text

Court Judgement 17 March 2021 - Case D186 of 2019

of 7

Page text shows just the words. Original shows the document exactly as it was published.

Page text read automatically using OCR, there may be inaccuracies

 In the Planning and Environment Court                                        No 186 of 2019
 Held at: Maroochydore

 Between:          PELICAN NOOSA PTY LTD t/as PELICAN                               Appellant
                   BOAT HIRE

 And:              NOOSA SHIRE COUNCIL                                           Respondent



                                           JUDGMENT

Before:                  His Honour Judge Cash QC
Date of Hearing:         22, 23, 24 February 2021 and 3 March 2021
Date of Order:           17 March 2021 (on the papers)


UPON THE COURT BEING SATISFIED the change to the development approval issued by the
Respondent on 24 October 2017 (Development Approval) as set out in “Annexure A” to this
Judgment is a minor change to the Development Approval for the purposes of section 46(4)
of the Planning and Environment Court Act 2016 (Qld),



IT IS ADJUDGED that:


1.        the Appeal be allowed;


2.        the subject decision of the Respondent made on 19 September 2019 to refuse the
          Appellant’s minor change application be set aside;


3.        the Appellant’s minor change application is approved on the basis that the Assessment
          Manager Conditions included in the Development Approval are deleted and replaced
          with the Assessment Manager Conditions included in “Annexure A” of this judgment;


4.        each party bear its own costs.
     ORDER                                                                          P&E Law
     Filed on behalf of the Appellant           Suite 4, 59 Esplanade Maroochydore Q 4558
     Form PEC-7                                                              Ph 07 5479 0155
                                                                      E. [email protected]
Log in to download the original file

Court Judgement 17 March 2021 - Case D186 of 2019.pdf · 1.6 MB (small file)

Searchable page text hides email addresses. Original files are unchanged and may show email addresses.

Full text of the other 6 pages

Page 2

Filed on    /    /2021.

 Filed by:              P&E Law, Solicitors
 Service address:       4,59 Esplanade Maroochydore
 Phone:                 07 5479 0155
 Email:                 [email protected]
                                                  Registrar




    ORDER                                                                        P&E Law
    Filed on behalf of the Appellant         Suite 4, 59 Esplanade Maroochydore Q 4558
    Form PEC-7                                                            Ph 07 5479 0155
                                                                   E. [email protected]

Page 3

                                           ANNEXURE A



     Approved Plans
1.   Any vessels (including vessels not owned by the applicant) associated with the marine
     use of the facility:
     a.      may be moored to the northern pontoon, and be located outside, or partially
             outside, of the approved lease area only if the mooring of that vessel in that
             location is:

               i.    temporary; and

               ii.   for a purpose associated with the marine use of the facility, and not for
                     any other purpose;
             but

     b.      must not be otherwise moored or stored outside, or partially outside, of the
             approved lease area.

2.   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

          26236-J1           D        Jetty Plan and Details prepared by SCG   12 October 2017
                                      Consulting Engineers as amended by
                                      Project BA for Minor Change
                                      Application Annotated 12.10.2018

          26236-S2           C        Jetty Plan and Details prepared by SCG   12 October 2017
                                      Consulting Engineers

          180908                      As Constructed Survey of new Jetty and   27 September 2018
                                      Pontoon in Lot 163 on CP907408

3.   All structures associated with the jetty and pontoon must be constructed wholly within
     the approved area
4.   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 or rock wall
5.   Structures must be designed and constructed such that they do not place additional
     vertical or lateral loads onto the existing revetment wall that may compromise the long
     term stability and/or durability of the wall. Upon completion of works, a certification by
     RPEQ must be provided to Council in this regard.
6.   All structures must have no detrimental effects on stormwater drains and/or easements.
7.   No boatlifting devices are to be attached or moored at the structures for the purpose of
     elevating a vessel above the water without Council approval.
8.   The jetty and deck areas must be constructed in a manner to render the underside area
     vermin proof
9.   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.

Page 4

10.   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.
11.   Wastewater and sullage must only be disposed of at approved pumpout facilities.
12.   The mooring facility must not be utilised for live-aboard purposes.
13.   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.
14.   Certification by a Registered Professional Engineer of Queensland that states that the
      jetty extension and pontoon 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 Planning Assessment Section (Development Audit & Response Officer
      0428738563) to arrange the inspection.
15.   This approval lapses where the construction of the jetty extension and pontoon have 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.
16.   After completion, the proposed works must be maintained in a sound state of repair in
      accordance with the approved plans
17.   All necessary State government approvals relating to this development must be obtained
      prior to any works commencing on the site

Page 5

                                                                      Plans Amended by Project BA
                                                                      for Minor Change Application
                                                                           Annotated 12/10/2018




                                                                                                     D.                     2.6m OFF SET TO REAR BDRY 12.10.17
                                                                                                     C.                     EXISTING PIERS ADDED                         13.06.17
                                                                                                     B.                     NOTES AMENDED.                               17.02.17
                                                                                                     A.                     JETTY AND RAMP AMENDED.                      16.02.17
                                                                                                     Revision               Description                                  Date

                                                                                                                   Issue:


                                                                                                                                                    Unit 1/11 Project Ave,
           North                                                                                                                                    Noosa Heads
                                                                                                                                                    Ph (07) 5455 5604




                                                                                                     DEBUILD T/A
                                                                                                                                                    email:[email protected]
                                       See attached survey plan for                                                                                 web:www.scg-engineers.com
                                                                                                                                                    ABN 40 098 481 899
                                                setbacks

                                                                                                                   Title:   Jetty Plan and Details


                                                                                                               Project      Lot 163 Pelican Boat Hire
                                                                                                                            Gympie Tce, Noosaville




                                                                                   Rev. - 10.06.16
                                                                                                                                                                                Rev.
                                                                                                               Date: Aug 2016             Drg No.   26236 -J1                          D
                                                                                                                               ANNOTATED
Document Set ID: 20956904
Version: 1, Version Date: 28/08/2019

Page 6

                                                                                       -


                                          NOOSA COUNCIL
                                          APPROVED PLAN
                                       OPW17/0150 23 OCT 2017




                                                                C.                         Framing Details revised.                        12.10.17
                                                                B.                         Framing Details added.                          13.06.17
                                                                A.                         JETTY AND RAMP AMENDED.                         16.02.17
                                                                Revision                   Description                                     Date

                                                                              Issue:


                                                                                                                      Unit 1/11 Project Ave,
                                                                                                                      Noosa Heads
                                                                                                                      Ph (07) 5455 5604




                                                                DEBUILD T/A
                                                                                                                      email:[email protected]
                                                                                                                      web:www.scg-engineers.com
                                                                                                                      ABN 40 098 481 899




                                                                              Title:   Jetty Plan and Details


                                                                          Project          Lot 163 Pelican Boat Hire
                                                                                           Gympie Tce, Noosaville




                                              Rev. - 10.06.16
                                                                                                                                                  Rev.
                                                                          Date: Aug 2016                 Drg No.    26236 -S2                            C

Document Set ID: 20956903
                  20440508
Version: 1, Version Date: 28/08/2019
                          24/10/2017

Page 7

Document Set ID: 20956904
Version: 1, Version Date: 28/08/2019


[OCR of page images]
(S

 

2.92

Noosa River

S

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cc KR
o|§ x ols
ol oO OS
8 ~
lease boundary
Z new pontoon GY V7 0 ‘ 9 7
(LLL LLL Li
ae
: 6.92
1 3 ' 5 1 new timber jetty
g
8
> r
:
g
/63
CP907408 z
g
3
g
8
8

 

 

 

 

 

 

|, David Neil BAKER certify that the details|
shown on this plan are correct

LS Dp

27/9/18

Cadastral Surveyor

\

 

 

|
Geo
| SURVEYING

PO Box 2128 Noosaville BC Qid 4566

p 0754712277 [email protected]

www.geoeurveying.com.au

As Constructed Survey
of new Jetty & Pontoon

in Lot 163 on CP907408

 

 

 

 

 

 

LOCALITY: «. SEU Sen Pree ee ES
Date: 27/9/18] Scale : 1:3000A4
Surveyed: DB | Drawn :

File Ref : 180908 _)

 

 

Document Set ID: 20956904
Version: 1, Version Date: 28/08/2019

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.