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Court Judgement 17 March 2021 - Case D186 of 2019
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]
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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