Decision Notice - Approved by Delegation of Authority OPW19 0109 · OPW19/0109

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW19/0109 : JELDER
Your Reference:	.
18 June 2019
Pile-It Pty Ltd
PO Box 672
NOOSAVILLE  QLD  4566

[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 12 June 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW19/0109
Street address:	37 Witta Cir Noosa Heads Qld 4567
Real property description:	Lot 107 SP 145420
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
29042-J1	A	Jetty Plan and Details prepared by SCG Consulting Engineers	4 March 2019
All elements of the existing jetty, both above and below water level, must be wholly removed as part of these works.
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 via MyDAS2 at http://prod2.edv-assess.qld.gove.au/suite/ (for assistance, contact DILGP at 5329 9701 or email: [email protected]	Planning Regulation 2017 Schedule 10, Part 17 – Tidal Works or Works in a Coastal Management District	The agency provided its response on 6 June 2019 Reference No. 1905-11384 SRA. A copy of the response is attached

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
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.

Yours faithfully,

Mark Lewis
Coordinator - Engineering

Enc:	Appeal Rights
Infrastructure Charge Notice
Approved Plans/Documents

cc.	Unitywater
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])
	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 14

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ee) NOOSA COUNCIL


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Qoeestand

State Development,
Manufacturing,
Infrastructure and Planning

‘SARA reference: 1905-11904 SRA
Counciveference:  OOPWIO/0100

Appleant reference: 1137

2 June 2016

Chiet Executive Offeer
"Noosa Shire Counc
POBox 141

Tewantin Qld 4565
mail@noosa qld gov.au

Atention: Mark Lewis

esr SiMadam

SARA response—37 Witta Circle, Noosa Heads
(Referral agency response given under section 56 ofthe Planning Act 2016)

“The development application desorbed below was confirmed as properly referred by the Department of
‘State Developmen, Manufacturing Infrastructure and Planning (te department) on 22 May 2012

Response
‘utcome:

Date of response:
Conditions:

Advice:
Reasons:

Development details

Description:

SARA role
‘SARA tigger:

Page rots

FReteral agency response — with conditions|
June 2010

“The condtions in Attachment 4 must be attached to any development
approval

‘Advice othe applicants in Attachment 2
“The reasons forthe referal agency response are in Attachment 3

Development permit Operational work for Prescribed Tidal
‘Works (Removal of existing jetty and
‘construction of a new timber ety)

Referral Agency

‘Schedule 10, Part 17, Division 3, Table 1, em 1 (10.17.2.1.1) Tidal
works or work in a coastal management district (Planning Regulation
2017)

Sau ae cere ry eget

tke anem Bularg, Level 3, 12st
‘venoe Varoendore|
Poor 28 uatoochtee QLD 4558


[Attachment: image4.png (image text)]
Attachment 1—Referral agency conditions

(Uncer section 561) of te Panning Act 2076 the Tolowing conditions mustbe stashed to ry Gevelopment
approval relaing to is application) (Copies ofthe plan referenced below are fund attachment 5)

 

Ne._[ Conditions

‘Condition timing |

 

(Operational work

 

10.47.3.1.1 Tidal works or work in a coastal management district_—The chief executve
_acministering the Planning Act 2016 nominates te Director-General of the Deparment of Environment
‘and Science to be the enforcement authority for the development to which this development approval
‘lates forthe administration and enforcement of any matter relating to the following conditions:

 

1._] The pontoon must be caried out generally in accordance with the
‘Ste Plan prepared by SCG Consulting Engineers dated 4/03/2010,
drawing number 29042-J1 and revision A

Forte duration of
works and to be
maintained at al times

 

 

2._| Theworks to which this approval relate are to be fora private
purpose only.

3.__| Any operator and contactor volved inthe works to which iis
‘approval relates must
(a) be provided a copy ofthese referral agency conditions:
(©) install ll measures, plant and equipment necessary to ensure
‘compliance wit the condtions of his approval:
(6) maintain such measures, plant and equipment in a proper and
‘efficient condition; and

(6) operate such measures, plant and equipment in a proper and
efficient manner.

‘Atal mes.

‘During constuction

 

4_| Forthe works use only materials which are free from contaminants
[35 defined under ction 11 ofthe Environmental Protection Act
1994,

‘During constuction

 

5. _| Should the works become damaged as a result of erosion, fooding

for storm tide inundation, the registered landowner(s) of the subject
land shall be responsible forthe removal of all debris at their own
expense,

‘Atal mes.

 

10.17.32.1- Tidal works or work in a coastal management district—The chef executive
administering the Planning Act 2016 nominates the Director-General of the Deparment of Transport
‘and Main Roads tobe the enforcement authority forthe development to which this development

 

“spproval relates forthe administration and enforcement of any matter relating tothe following
‘conditions:
6] The pontoon mustbe carried out generalyin accordance withthe | Forthe duration of

‘Ste Plan prepared by SCG Consulting Engineers dated 4/03/2010,
drawing number 29042-J1 and revision A

works and to be
maintained at al times

 

 

 

 

 

 

7. |e) Provide wntten notice tothe Regional Harbour Master (a) Atleast two (2)
(Brisbane), Martime Operations Base, MacAthur Avenue East, | weeks prior tothe
Finkenbs QLD 4008 or via emai ‘commencement of
[email protected], when the development | works
‘authorised under this approvals scheduled to commence.

Each notice must state this application number, the location and
name of registered place and the condition number under which
‘Department ot Site Development Wanfacumn,ntastucure and Plznng Pagescts


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‘he notice is Being given,

(©) Provide written notice to the Regional Harbour Master
(Brisbane), Martime Operations Base, MacArthur Avenue East,
Finkenbs QLD 4008 or via emai
[email protected] gov.au, when the development
‘authorised under this approval has been completed.

Each notice must state this application number, the location and
name of registered place and the condition number under which
the notice is being given,

(©) watin two 2)
weeks of the
completion of works

 

[As Constructed” drawings of the approved structure must be
provided tothe Ragional Harbour Master Brisbane), Martime
‘Operations Base, MacArthur Avenue East Pinkenba QLD 4008 or
via email MS@[email protected]

Within two (2) weeks of
the completion ofthe
works

 

| Alvessels, sructures, plantand equipment associated wih the

with the folowing spacifoations and requirements such that
Lundertaking the construction works does not cause a risk tothe safe
navigation of ships:
‘+ Any anchors deployed must be marked with yellow buoys:
‘and fited with FL yellow ights.
Lighting provided must not obscure, disguise or otherwise interfere
with the efactvaness of navigatonal lighting,

Construction ofthe approved works must be livmarked in accordance

While the works are
ccouring

 

 

70. _| The structure must be itimarked in sovordance withthe folowing
‘specications, such that it does not cause a risk tothe safe
navigation of other ships:
‘+ Allpiles tobe fitted with rero-efectve tape.

Lighting provided must not obscure, disguise or otherwise interfere
with the efactvaness of navigatonal lighting,

 

 

Atal mes.

 

 

‘Department ot Site Development Wanfacumn,ntastucure and Plznng

Pagesets


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Attachment 2—Advice to the applicant

 

‘General advice

 

 

1] Teme and phrases used in his dooument are defined in the Planning Act 2076 ks regulation or
the State Development Assessment Provisions (SDAP) [v2.4], Ifa word remains undefined
has its ordinary meaning.

 

 

 

‘Department ot Site Development Wanfacumn,ntastucure and Plznng Page sets


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Attachment 3—Reasons for referral agency response
(Gwen under secon 587 ofthe Panning AcT2016)

‘The reasons for the department's decision are:

‘+The development application is fora development permit for operational work for prescribed tial
‘works for the installation of two new pontoon structures.

‘+The two new pontoon structures are for private use and wil replace a single existing pontoon.

‘+The approved ste plan shows that the existing pontoon willbe removed and the two new pontoon
‘structures will low for the mooring ofa maximum of four vessels.

‘+The two new pontoon structures are within the water allocation boundary.

“+The size of vessels to be moored atthe two new pontoon structures are 2 maximum vessel length of
15.0 meters. When vessels are moored atthe two new pontoon structures, there wil be no impact on
the safe movemant of vessels in the navigation channel.

‘+ There is no dredging or reclamation required for the construction or operation ofthe two new
Pontoons.

(Material used in the assessment of the application:

‘+The development application material and submitted plans,
+ Planning Act 2016

‘+ Planning Regulation 2017

‘+The State Development Assesement Provcions (version 24), as published by the department
‘+The Development Assessment Rules

‘+ SARADA Mapping system

‘Department ot Site Development Wanfacumn,ntastucure and Plznng Pagers


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Attachment 4—Change representation provisions

Planning Act 2016 ~ Change representation provisions

“The folowing provisions are the change representation provisions as defined inthe Planning Act
2018, section 75,

Chapter 3 Development Assessment
Division 2 Changing development approvals
‘Subdivision 1 Changes during appeal period

75 Making change representations

1) The applicant may make representations (change representations) tothe assessment manager,
uring the applicant's appeal period forthe development approval, about changing—
(s) 8 mattern the development approval, other than—
i. a matter stated because ofa referral agency's response: or
|i a development condition imposed under a direction made by the Minister under chapter 3,
part, division 2: or
(b) ifthe development approval is a deemed approval—the standard conditions taken to be included
inthe deemed approval under section 648)

2) Ifthe applicant needs more time to make the change representations, the applicant may, during the
‘pplican's appeal period forthe approval, suspend the appesl period by s notice given tothe
assessment manager.

3) Only 1 notice may be given.

4) If notice is given the appesl period is suspended —

(a) ifthe change representations are not made within a period of 20 business days after the notice is.
(ven to the assessment manager—unil the end ofthat period: or
(©) ifthe change representations are made wihin 20 business days after the natioe is given tothe
‘assessment manager, unti—
1. the applicant withdraws the notice, by giving another notice tothe assessment manager; or
4. the applicant reeives notoe thatthe assessment manager does not agree withthe change.
representations: or
Wi, the end of 20 business days ater the change representations are made, or s longer period
_29reed in wring between the applicant and the assessment manager.

'5) (©) However, ifthe assessment manager gives the applicant a negotiated decision notice, the appeal

period stars again onthe day aftr the nagotisted decision notice is given.

‘Department ot Site Development Wanfacumn,ntastucure and Plznng Pagerers


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76 Deciding change representations

41) The assessment manager must assess the change representations against and having regardto the
matters that must be considered when assessing a development application tothe extent those
matters are relevant.

2) The assessment manager must, within § business days afer deciding the change representations,
ive a decision notice to
(a) the appicant and
(b) ifthe assessment manager agrees with any ofthe change representations —

1. each principal submiter: and
|i. each referal agency and
Ti, the assessment manager snot a local goverment and the developments in local
goverment ares—the relevant local goverment: and
iv, the assessment manager is 8 chosen assessment manager—the presorbed assessment
manager. and
\¥. another person prescribed by regulation.

3) A decision notice (a negotiated decision notice) that states the assessment manager agrees with
1 change representation must—

(a) state the nature ofthe change agreed to: and
(6) comply with section 63(2) and (3)

4) Anegotiated decision notice replaces the decision notice forthe development application.

15). Only 1 negotiated decision notice may be given

©) Ifa negotisted decision notice is given to an applicant, local government may give a replacement
infrastructure charges notice tothe applicant.

‘Department ot Site Development Wanfacumn,ntastucure and Plznng Pagesets