Delegated Report - Code - Planning OPW20 0117

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW20/0117
Applicant	David Hales, Louise Hales
Proposal	Operational Works - Prescribed Tidal Works
Properly Made Date	14 July 2020
Information Request Date	30 July 2020
Information Response Date	6 October 2020
Decision Due Date	3 March 2021
Report Completed Date	2 February 2021
Report Reviewed By	Diogo Carrico

PROPERTY DETAILS
Property Address	37 Mossman Ct Noosa Heads Qld 4567
RP Description	Lot 83 N 21847
Land Area	661.0000 m²
Existing Use of Land	Low Density Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulfate Soils, Flooding
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Prescribed Tidal Works (Removal of retaining wall, existing jetty and boat ramp. Installation of new boundary wall and jetty).
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Site Plan
site details
Background
The subject property and the adjoining site (No 35) are currently undergoing redevelopment. As part of the works on the subject site the applicant is proposing to remove the existing jetty, boat ramp and revetment wall and construct a new jetty and revetment wall.
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:
Waterways Works Code;
The application has been found to generally comply with all applicable statutory instruments.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Queensland Government – State Assessment and Referral Agency (SARA)
Internal Council Referrals
Not applicable
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 OPW20/0117 for Operational Works - Prescribed Tidal Works (Removal of retaining wall, existing jetty and boat ramp. Installation of new boundary wall and jetty) situated at 37 Mossman Ct Noosa Heads Qld 4567 and described as Lot 83 N 21847, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW20/0117
Street address:	37 Mossman Ct Noosa Heads Qld 4567
Real property description:	Lot 83 N 21847
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 (Removal of retaining wall, existing jetty and boat ramp. Installation of new boundary wall and jetty).
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
30153-N		Construction Notes prepared by SCG Consulting Engineers	June 2020
30153-J1	A	Site Demolition Plan prepared by SCG Consulting Engineers as annotated by Council	June 2020
30153-J3	B	Jetty and Site Plan prepared by SCG Consulting Engineers as annotated by Council	June 2020
30153-J4	B	Jetty Framing Plan and Details prepared by SCG Consulting Engineers	June 2020
30153-J7		Jetty Accessories and Framing Details prepared by SCG Consulting Engineers	June 2020
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 2 February 2023, unless an application to extend the currency period is approved by Council.
General Conditions
All elements of the existing jetty, boat ramp and revetment wall (both above and below ground 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.
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 necessary 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 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
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP 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]	Planning Regulation 2017 Schedule 10, Part 17 – Tidal Works or Works in a Coastal Management District	The agency provided its response on 13 January 2021  (Reference No. 2007-18004 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 Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
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 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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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