Delegated Report - Code - Planning OPW22 0076 · OPW22/0076

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW22/0076
Applicant	Peter Russell Douglas & Maree Janice Douglas
Proposal	Operational Works - Non Prescribed Tidal Works
Properly Made Date	17 March 2022
Information Request Date	30 March 2022
Information Response Date	7 April 2022
Decision Due Date	1 June 2022
Report Completed Date	19 May 2022
Report Reviewed By	Diogo Carrico

PROPERTY DETAILS
Property Address	Seadream 3/5 Sunseeker Cl Noosaville Qld 4566
RP Description	GTP 4149, Lot 3 GTP 4149
Land Area	157.0000 m² &  361.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Density Residential
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Acid Sulfate Soils, Flooding
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Boat Lifting Device.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan
site details
Background
The application has been submitted as a result of Council action. The subject site shares a jetty with the adjoining unit (4/5 Sunseeker Close). The applicant has removed vessels from the frontage and amended the size and shape of the boatlifting device. The device located on site at the time of a recent inspection is the same as that indicated on the submitted plan.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Noosaville Local Plan Code;
Waterways Works Code
The application has been found to generally comply with all applicable statutory instruments.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Planning
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 OPW22/0076 for Operational Works – Boat Lifting Device situated at Seadream 3/5 Sunseeker Cl Noosaville Qld 4566 and described as Lot 3 GTP 4149, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW22/0076
Street address:	Seadream 3/5 Sunseeker Cl Noosaville Qld 4566
Real property description:	Lot 3 GTP 4149
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
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 stated in the conditions below.
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
-	-	3/5 Sunseeker Close Proposed Boat Lift as submitted to Council on 7 April 2022	-
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 19 May 2024, unless an application to extend the currency period is approved by Council.
General Conditions
The maximum number of vessels that may be berthed, moored, attached or stored on the structure(s) must not exceed 2.
The use of the jetty must not cause any adverse effects on the amenity of the surrounding area including changes to light, views, air quality and noise.
Vessels berthed/moored at the jetty and/or boatlifting device must be located a minimum of 1.0m from the prolongation of the property boundary of 2/5 Sunseeker Close (Lot 2 GTP4149) and the subject site.
Vessels must be connected directly to the jetty and/or located on the boat lifting device. Vessels must not locate side by side or in tandem with another vessel.
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
The boat lifting device must be securely attached to the jetty in accordance with the manufacturer’s specification
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 pump out 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.
A final inspection and approval of the installed structure by Council’s Inspector is also required.  Please contact Council’s Development Assessment Branch on 5329 6500 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
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:
ADVISORY NOTES:
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 Planning Act 2016 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.
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 online at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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