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2012-20394 SRA Response with conditions (MCU20_0151 & OPW20_0241)
Attached to the e-mail 2012-20394 SRA application correspondence.msg.
RA6-N SARA reference: 2012-20394 SRA Council reference: MCU20/0151 & OPW20/0241 Applicant reference: 04467 5 January 2021 Chief Executive Officer Noosa Shire Council PO Box 141 TEWANTIN QLD 4565 [email protected] Attention: Mark Lewis Dear Mr Lewis SARA response—48 Mossman Court, Noosa Heads (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 23 December 2020. Response Outcome: Referral agency response – with conditions. Date of response: 5 January 2021 Conditions: The conditions in Attachment 1 must be attached to any development approval. Advice: Advice to the applicant is in Attachment 2. Reasons: The reasons for the referral agency response are in Attachment 3. Development details Description: Development permit Material change of use for a landing (residential) Operational work for prescribed tidal works (pontoon) SARA role: Referral agency. SARA trigger: Schedule 10, Part 17, Division 3, Table 1, Item 1 (Planning Regulation South East Queensland (North) regional office Mike Ahern Building, Level 3, 12 First Avenue, Maroochydore Page 1 of 8 PO Box 1129, Maroochydore QLD 4558
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Page 2
2012-20394 SRA
2017) – Tidal works or works in a coastal management district
Schedule 10, Part 17, Division 3, Table 2, Item 1 (Planning Regulation
2017) - Tidal works or works in a coastal management district
SARA reference: 2012-20394 SRA
Assessment Manager: Noosa Shire Council
Street address: 48 Mossman Court, Noosa Heads
Real property description: Lot 140 on N21859
Applicant name: Jacqueline Price
Applicant contact details: C/- The Jetty Specialist,
18 Ron Parkinson Cres
Corbould Park QLD 4551
[email protected]
Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4.
A copy of this response has been sent to the applicant for their information.
For further information please contact Kathleen Whybird, Planning Officer, on 5352 9707 or via email
[email protected] who will be pleased to assist.
Yours sincerely
Jamaica Hewston
Principal Planning Officer
cc Jacqueline Price, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations provisions
Attachment 5 - Approved plans and specifications
State Assessment and Referral Agency Page 2 of 8
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2012-20394 SRA
Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the plans and specifications referenced below are found at
Attachment 5)
No. Conditions Condition timing
Operational work that is assessable development under section 28 in tidal waters
Schedule 10, Part 17, Division 3, Table 2, Item 1— Operational work that is tidal works or works in a
coastal management district —The chief executive administering the Planning Act 2016 nominates the
Director-General of the Department of Transport and Main Roads to be the enforcement authority for
the development to which this development approval relates for the administration and enforcement of
any matter relating to the following conditions:
1. The development must be carried out generally in accordance with At all times
the following plans:
Site Plan, Layout Plan and Water Allocation prepared by The
Jetty Specialist, dated 11 November 2020, drawing number
JSP-SJ-33990 revision D.
2. The structure must be lit/marked in accordance with the following At all times
specifications, such that it does not cause a risk to the safe
navigation of other ships:
(a) Section 3 of AS4284-1997 Control of the obtrusive effects of
outdoor lighting.
3. The construction, operation or maintenance of the structure, and any At all times
ship berthed, moored or attached to the structure, must not:
(a) encroach into, pass over or under a navigation corridor or
(b) be located in a high risk maritime zone.
4. Any debris or similar obstruction generated whilst undertaking the While works are
work must be removed from the waterway and suitably disposed of occurring
at the applicant’s expense.
5. All piles and/or structures to be demolished, both above and below Prior to the completion
the waterline must be completely extracted/removed. of the works
Operational work that is tidal work or works in a coastal management district
Schedule 10, Part 17, Division 3, Table 1, Item1 — Operational work that is assessable development
under section 28 in tidal waters —The chief executive administering the Planning Act 2016 nominates
the Director-General of the Department of Environment and Science to be the enforcement authority
for the development to which this development approval relates for the administration and enforcement
of any matter relating to the following conditions:
6. The pontoon must be constructed generally in accordance with the For the duration of
following plan: works and to be
maintained
Site Plan, Layout Plan and Water Allocation prepared by The Jetty
Specialist, dated 11 November 2020, drawing number JSP-SJ-33990
revision D.
7. The works to which this approval relates are to be for a private At all times
purpose only.
8. Any operator and contractor involved in the works to which this During construction
approval relates must:
State Assessment and Referral Agency Page 3 of 8
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2012-20394 SRA
(a) be provided a copy of these referral agency conditions;
(b) install all measures, plant and equipment necessary to
ensure compliance with the conditions of this approval;
(c) maintain such measures, plant and equipment in a proper
and efficient condition; and
(d) operate such measures, plant and equipment in a proper
and efficient manner.
9. For the pontoon, works only use materials which are free from During construction
contaminants as defined under section 11 of the Environmental
Protection Act 1994.
10. Should the works become damaged as a result of erosion, flooding At all times
or storm tide inundation, the registered landowners if the subject land
shall be responsible for the removal of all debris at their own
expense.
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2012-20394 SRA
Attachment 2—Advice to the applicant
General advice
1. Terms and phrases used in this document are defined in the Planning Act 2016 its regulation or
the State Development Assessment Provisions (SDAP) v2.6. If a word remains undefined it has
its ordinary meaning.
State Assessment and Referral Agency Page 5 of 8
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2012-20394 SRA
Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)
The reasons for SARA’s decision are:
The proposed development is located in a developed tidal area.
The proposed development is for the construction of a single vessel private pontoon.
The proposed structure, including any vessel berthed, moored or attached to the structure:
(a) will not encroach into, pass over or under a navigation corridor; and
(b) is not located in a high risk maritime development zone.
Material used in the assessment of the application:
The development application material and submitted plans
Planning Act 2016
Planning Regulation 2017
The State Development Assessment Provisions (version 2.6)
The Development Assessment Rules
SARA DA Mapping system
State Assessment and Referral Agency Page 6 of 8
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2012-20394 SRA Attachment 4—Change representation provisions (page left intentionally blank) State Assessment and Referral Agency Page 7 of 8
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2012-20394 SRA Attachment 5—Approved plans and specifications (page left intentionally blank) State Assessment and Referral Agency Page 8 of 8