Decision Notice - Approved by Delegation of Authority MCU22 0205

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	MCU22/0205 & OPW22/0310
Your Reference:	.
20 December 2022
SE Harle
C/- The Jetty Specialist
18 Ron Parkinson Cres
CORBOULD PARK   QLD  4551

[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 December 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0205 & OPW22/0310
Street address:	34 Cooran Ct Noosa Heads Qld 4567
Real property description:	Lot 221 N 21857
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use – Landing – Residential
Development Permit for Operational Works – Prescribed Tidal Works – Pontoon
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
TJS-04772-01	A	Site Plan, Layout Plan & Water Allocation Prepared by EDGE Consulting Engineers	14/10/2022
TJS-04772-02	A	Elevation Prepared by EDGE Consulting Engineers	14/10/2022
TJS-04772-03	A	Decking Details Prepared by EDGE Consulting Engineers	14/10/2022
JSP-GW-006	M	Standard Catwalk Construction Prepared by EDGE Consulting Engineers	14/01/2021
JSP-SD-102-1	A	Pile Bracket Construction to Suit Ø315 Piles & 6 Roller Bracket Prepared by EDGE Consulting Engineers	23/09/2019
JSP-SD-045	E	Concrete Insitu Pile Construction 315 & 400 Diameter Reinforced Prepared by EDGE Consulting Engineers	09/09/2020
JSP-SD-212	D	FRP Reinforced Pontoon Construction Standard Flat Deck and Float a Boat Pontoons Prepared by EDGE Consulting Engineers	09/09/2020
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 15 December 2024, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the commencement of the works. The cash bond or trading bank guarantee will be returned on performance of the conditions of this approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
General Conditions
The landing must use materials, natural finishes and colours that blend with the surrounding natural landscape.
The maximum number of vessels that may be berthed, moored, attached or stored on the structure(s) must not exceed 2.
Vessels must be connected directly to the pontoon, and not located side by side or in tandem with another vessel.
The use of the pontoon 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 pontoon must be located a minimum of 1.0m from the prolongation of the property boundary of 32 Cooran Ct (Lot 222 N21857) and the property boundary of 34 Cooran Ct (Lot 221 N21857).
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.
Pontoons 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. The handrail must be of an open design and in accordance with the approved plans.
No posts or vertical supports of the proposed pontoon 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 pontoon 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 pontoon 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 pontoon 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 pontoon 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 https://prod2.devassess. 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 28 November 2022 (Reference No. 2211-32227 SER). A copy of the response is attached

Advisory notes
ADVISORY NOTES:
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.
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
Referral Agency Response
Approved Plans/Documents

cc.	[email protected])

	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 2

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ee) NOOSA COUNCIL


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Queenstand

Ourreference: 2211-20007 SER
Yourreference: 04772

128 November 2022

‘Simon Hare

Ci The Jetty Specialist.
{Ye Ron Parkineon Cres

‘CORBOULD PARK QLD 4651
[email protected]
Attention: Lisa Redpath

DesrLiss

Early referral response—with conditions
{Given under sacton 67 ofthe Planing Act 2016)

“The State Assessment and Referral Agency (SARA) received your request for an early feral response:
‘on 24 November 2022 forthe proposed development application described below.

Applicant details
‘Applicant name: “Simon Hare
Applicant contact detsis: _C- The Jety Specials,
18 Ron Parkinson Cres
Corbouid Park QLD 4551
[email protected] au
Location detaits
‘Street assess: {34 Cooran Gout, Noosa Heads
Real property descrpion: Lot 221 on N2867
Local goverment area: Noosa Shire Counc!
Application details
‘Development permit ‘Operational work for prescibed tidal works (Removal of exsing |
pontoon and instalation ef anew pontoon system)
Referral triggers
“This early referral response is given forthe folowing provsions ofthe Planning Regulation 2017:
+ s17a24 “Tidal works or work ina coastal management cistct

‘oun East used or) eponat

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Mcecyeie
Page ere PO por tas, Maeochyere OLD Ass


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Conditions
Under section £0(1)(0)) of the Planning Act 2016 (the Act). the condiions set outin Attachment 1 must
be atached to any development approval

Reasons for decision to impose conditions
‘SARA must provide reasons forthe decsion to impose conditions. These reasons are set out in

[Attachment 2.

‘Approved plans and specifications
‘SARA requires thatthe plans and specifeations set out below and enclosed mustbe atached te any

development approval

 

Drawinglrepor ttle Prepared by Date Reference no. | Versionvissue

 

‘Aspect of development: Operational work for prescribed tidal work (femoval of existing pontoon |
‘and installation of new pontoon system)

 

“She Plan, LayoutPlan & | Thedety Speciaist | 1aiozaa2 | Tusaar7201 [A
Water Allocation

 

 

 

 

 

 

 

Pursuant to section £4(4) ofthe Act, you wil not be required to refer your application to SARA Mf you

‘submit tis early referral response ints entirety when making the application tothe assessment

‘manager, andthe folowing conditions are satisfied

‘© Any changes tothe proposal before the application is made to the assessment manager do not
result in @ substantally ferent development to that which was presented to SARA wit the request
{or an eaty referal response

‘+The development application must be made othe assessment manager within 12 months ofthe
ate of tis early referral response

For further information please contact Danika Cowie, Principal Planning Officer, on (07) 6362 9776 or via
‘email SEQNortSARA@dsdlgp ald. gov.au who will be pleased o assist

‘Yours sincerely

—

Paul Gieson
Principal Planning Offeer

lene Atachment—Conditons tobe imposed

‘Atachmant 2—Reneons for deision fo mgose conditions
‘Approved plans and spetions

‘ie Aecesonent ana Reta Agno Page zee

 


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[Attachment 1—Conditions to be imposed.

 

We. | Conditions: ‘Condition timing

 

‘Operational work for prescribed tidal work (removal of existing pontoon and installation of new
pontoon system)

 

Planning Regulaton 2017, Schedule 10, Pan 17, Dison 3, Table 2, tem {Tidal works or workin a
‘coastal management cistct —The chief executive administering the Planning Act 2016 nominates the
Director-General ofthe Deparment of Environment and Science tobe the enforcement authorty for
the development to which this development approval relates forthe administration and enforcement of
any matter relating tothe following conditions:

 

T.__] The development must be caried out generally in accordance wih] Arallimes
the folowing plan:

‘Site Pan, Layout Pan & Water Allocation, prepared by The
Jetty Specialist, dated 14/10/2022, drawing number TAS-
4772-01, revision A

 

| The structure must be imarked in accordance with the folowing | Atal mes
‘specications, such that does not cause a nak to the safe
navigation of ther ships:

+ Section 3 of AS4262-1097 Conta ofthe obtrusive efecto of
cutdoor lighting.

 

“| The constuction, operation or maintenance ofthe structure, and any | Aral mes
‘hip berthed, moored or tached tothe structure, must na

(2) encroach into, pass over or under a navigation corridor.
(b) be locate in high risk marime zone.

 

“| Any debris or similar obstruction generated whist underaking ihe | While works are
‘work must be removed from the waterway and sutably disposed of || occuring

 

 

 

atthe applicant's expense
| Alpes andlor structures to be demolished, both above and below _ | Prorto the completion
the waterine mustbe completely eractediemoved. oF works

 

 

 

‘ie Aecesonent ana Reta Agno Pagesere


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[Attachment 2—Reasons for decision to impose conditions

“The reasons for this decision are:

“To ensure the development is caried out generally in accordance with the plans of development
submitted with the applstion

“To ensure that at all times, al ights on or above the development site donot interfere with safe
navigation in suraunding waterways.

“To ensure the development does not encroach onthe navigation corridor er high isk marine

zone o ensure the safe passage of vessels

“To ensure that debris from the development does not create a hazard to navigation

“To ensure that there is no resdusl material that could create a hazard to navigation

Findings on material questons of fact:

“The proposed development is located ina canal
“The proposed development i forthe construction ofa private single vessel pontoon
“The proposed structure, including any vessel berthed, moored or attached to the structure:
will not encroach ito, pass over or under a navigation corridor, and

isnot located in a high risk maritime development zone.

Evidence or other material on which the findings were based:

Development application
‘State Development Assessment Provisions published SARA, version 3.0,
Planning Act 2016

Planning Regulation 2017

‘SARA DA mapping system.

‘Human Rights Act 2019

‘ie Aecesonent ana Reta Agno Page sre


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Development Assessment Rules—Representations about a
referral agency response

“The following provisions are those set outin sections 28 and 20 ofthe Development Assessment Rules*
regarding representations about a referral agency response

Part 6: Changes to the application and referral agency
responses

28 Concurrence agency changes its response or gives a late response

728.1. Despite part 2, a concurrence agency may, afer its referal agency assessment period and any
‘further period agreed ends, change its referal agency response or give a late referal agency
response before the applicaton is decided, subject to section 28.2 and 28.3.

128.2. A-concurence agency may change its referal agency response at any time before the application
is decides
(@) the change is in response o a change which the assessment manageris satisfied isa change

Under section 28.1: or
(©) the Minister has given the concurrence agency a crection under section 98 of the Act
(6) the appicant has given written agreement tothe change tothe referral agency response?

283. A-concurence agency may give a late referal agency response before the application is decided,
ifthe applicant has given written agreement to the late referral agency response.
1284. If concurence agency proposes to change is referral agency response under section 26 2(3).
‘the concurrence agency must—
(a) Give notice oft intention to change its refers agency response tothe assessment manager
and a copy tothe applicant within 5 days of receiving notioe of the change under section 25.1;
and
(©) the concurence agency has 10 days from the day of giving notice under paragraph (a), ora
‘further period agreed between the applicant and the concurence agency, to give an amended
referral agency response tothe assessment manager and a copy tothe applicant

+ Pursuant to Seaton 68 of he Planning Act 2018

2 Inthe instance an applicant has made represertations to the concurrence agency under section 30,
land the concurrence agency agrees fo make the change included nthe representations, s2cton
28.2(¢)is taken to have been satstied.


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Part 7: Miscellaneous
‘30 Representations about a referral agency response.

120.1. An applicant may make representations to a concurrence agancy at any tme before the application
is decided, about changing a matter inthe referal agency response?

3 An applicant may elect, under section 32, to stop the assessment manager's decision period in which
{o take tis acson. Ifa concurence agency wishes to amend their response in relation
representations made under tis secon, they must do so in accordance with section 28.


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