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Decision Notice OPW14-0034 55 Wyuna Dv Noosaville · OPW14/0034
Officer: Mark Lewis
Direct Telephone: 07 53296290
Fax: 07 5329 6501
Our Reference: MLEWIS:OPW14/0034
Your Reference: N/A
1 April 2014
NM Mawby
C/- The Jetty Specialist
2 Industrial Ave
CALOUNDRA QLD 4551
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 1 April 2014, Council decided to approve
the application in full subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW14/0034
Street Address: 55 Wyuna Dr NOOSAVILLE QLD 4566
Real Property Description: Lot 27 N 10575
Planning Scheme: The Noosa Plan (16 September 2013)
2. DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works (Prescribed Tidal Works - Pontoon
System)
3. RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 2 years starting the day that this
development approval takes effect.
4. ASSESSMENT MANAGER CONDITIONS
1. All structures associated with the pontoon must be constructed wholly within the
approved area.
2. 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 or rock
wall.
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OPW14/0034
3. 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.
4. The catwalk must be constructed in a manner to render the underside area vermin
proof.
5. 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.
6. 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.
7. The pontoon is to be used for private purposes only and no commercial operations
are to be undertaken.
8. Boat repair activities are not permitted on site.
9. Wastewater and sullage must only be disposed of at approved pumpout facilities.
10. The mooring facility must not be utilised for live-aboard purposes.
11. 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.
12. The approval or conditions do not constitute a ruling on structural safety and the
applicant must make their own arrangements to ensure adequacy of design and
work. Also any approval granted does not warrant that such plans and
specifications have been checked in detail, nor does it 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 statutes and/or statutory regulations in the
execution and/or performance of said works. The Council does not accept any
responsibility for the accuracy of such plans and specifications as approved.
13. Certification by a Registered Professional Engineer of Queensland must be
submitted to Council. The certification must state that the pontoon and associated
structures have been constructed in accordance with best practice methods, are in
accordance with Coastal Protection and Management Act 1995, are structurally
sound and will have no detrimental affect on the existing revetment walls.
14. 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.
15. This approval lapses where the construction of the pontoon has not been
commenced within two (2) years of the date of issue of the approval, unless
application is made and approved by Council for an extension.
16. After completion, the proposed works must be maintained in a sound state of
repair in accordance with the approved plans
17. All necessary State government approvals relating to this development must be
obtained prior to any works commencing on the site
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OPW14/0034
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Referral Agency and Referral Trigger Response
Status Address
Concurrence SARA at DSDIP Mike Schedule 7, Table 2, The agency provided its
Ahern Government Item 13 (Tidal Works) response on 12/2/2014
Building 12 First Avenue Schedule 7, Table 2, (Reference No. SPL-
MAROOCHYDORE Item 15 (Tidal Works) 0114-007734). A copy
QLD 4558 Online: Schedule 7, Table 2, of the response is
Mydas Item 27 (Land attached.
(www.dsdip.qld.gov.au) Adjoining FHA)
Email:[email protected]
6. APPROVED PLANS
The following plans are Approved Plans for the development:
Approved Plans
Plan No. Rev. Plan Name Date
JSP-SJ-26520 A Site Plan, Layout & Water Allocation, 2 December 2013
prepared by Cardno as annotated by
Council
JSP-SJ-26521 A Elevation, prepared by Cardno 2 December 2013
JSP-GW-006 E Standard Catwalk Construction, prepared 12 March 2003
by Cardno
JSP-SD-102 D Pile Bracket Construction to Suit 315Ø – 1 September 2005
350Ø Piles, prepared by Cardno
JSP-SD-045 C 315 & 400 Diameter Reinforced Concrete 20 April 1999
Insitu Pile Construction, prepared by
Cardno
JSP-SD-100 D Pontoon Construction Details, prepared by 31 August 2005
Cardno
7. REFERENCED DOCUMENTS
Not Applicable.
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OPW14/0034
8. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:
General
1. 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.
2. 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.
3. 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.
Aboriginal Cultural Heritage Act 2003
1. There may be a requirement to establish a Cultural Heritage Management Plan
and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
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 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 Co-ordination Unit on 07 3239 3647 to
discuss any obligations under the ACH Act.
9. PROPERTY NOTES
Not Applicable.
10. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
11. FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable
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OPW14/0034
12. SELF ASSESSABLE CODES
Not Applicable.
13. SUBMISSIONS
Not Applicable.
14. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
15. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions
from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again
from the start the day after you receive a “negotiated decision notice”.
16. OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are
available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully
MARK LEWIS
SENIOR ENGINEERING OFFICER
Enc: Referral Agency Response
Approved Plans/Documents
Appeal Rights
cc SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE QLD 4558
[email protected]
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OPW14/0034
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning
Act 2009 (Chapter 7). 463 Additional and extended appeal rights for
submitters for particular development
MATERIAL CHANGE OF USE, RECONFIGURING A applications
LOT & OPERATIONAL WORKS (1) This section applies to a development application to
which chapter 9, part 7 applies.
Division 8 Appeals to court relating to (2) A submitter of a properly made submission for the
development applications and application may appeal to the court about a referral
approvals agency’s response made by a prescribed
concurrence agency for the application.
461 Appeals by applicants (3) However, the submitter may only appeal against a
(1) An applicant for a development application may referral agency’s response to the extent it relates
appeal to the court against any of the following— to—
(a) the refusal, or the refusal in part, of the (a) if the prescribed concurrence agency is the
development application; chief executive (environment)—development for
(b) any condition of a development approval, an aquacultural ERA; or
another matter stated in a development (b) if the prescribed concurrence agency is the
approval and the identification or inclusion of chief executive (fisheries)—development that
a code under section 242; is—
(c) the decision to give a preliminary approval (i) a material change of use of premises for
when a development permit was applied for; aquaculture; or
(d) the length of a period mentioned in section (ii) operational work that is the removal,
341; damage or destruction of a marine plant.
(e) a deemed refusal of the development (4) Despite section 462(1), the submitter may appeal
application. against the following matters for the application even
(2) An appeal under subsection (1)(a), (b), (c) or (d) if the matters relate to code assessment—
must be started within 20 business days (the (a) a decision about a matter mentioned in section
applicant’s appeal period) after— 462(2) if it is a decision of the chief executive
(a) if a decision notice or negotiated decision (fisheries);
notice is given—the day the decision notice (b) a referral agency’s response mentioned in
or negotiated decision notice is given to the subsection (2).
applicant; or
(b) otherwise—the day a decision notice was 464 Appeals by advice agency submitters
required to be given to the applicant. (1) Subsection (2) applies if an advice agency, in its
(3) An appeal under subsection (1)(e) may be started response for an application, told the assessment
at any time after the last day a decision on the manager to treat the response as a properly made
matter should have been made. submission.
(2) The advice agency may, within the limits of its
462 Appeals by submitters—general jurisdiction, appeal to the court about—
(1) A submitter for a development application may (a) any part of the approval relating to the
appeal to the court only against— assessment manager’s decision about any part
(a) the part of the approval relating to the of the application requiring impact assessment
assessment manager’s decision about any under section 314; or
part of the application requiring impact (b) any part of the approval relating to the
assessment under section 314; or assessment manager’s decision under section
(b) the part of the approval relating to the 327.
assessment manager’s decision under (3) The appeal must be started within 20 business days
section 327. after the day the decision notice or negotiated
(2) To the extent an appeal may be made under decision notice is given to the advice agency as a
subsection (1), the appeal may be against 1 or submitter.
more of the following— (4) However, if the advice agency has given the
(a) the giving of a development approval; assessment manager a notice under section
(b) any provision of the approval including— 339(1)(b)(ii), the advice agency may not appeal the
(i) a condition of, or lack of condition for, decision.
the approval; or
(ii) the length of a period mentioned in 465 Appeals about decisions relating to extensions
section 341 for the approval. for approvals
(3) However, a submitter may not appeal if the (1) For a development approval given for a development
submitter— application, a person to whom a notice is given under
(a) withdraws the submission before the section 389, other than a notice for a decision under
application is decided; or section 386(2), may appeal to the court against the
(b) has given the assessment manager a notice decision in the notice.
under section 339(1)(b)(ii). (2) The appeal must be started within 20 business days
(4) The appeal must be started within 20 business days after the day the notice of the decision is given to the
(the submitter’s appeal period) after the decision person.
notice or negotiated decision notice is given to the
submitter.
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OPW14/0034
(3) Also, a person who has made a request under
section 383 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
466 Appeals about decisions relating to permissible
changes
(1) For a development approval given for a development
application, the following persons may appeal to the
court against a decision on a request to make a
permissible change to the approval—
(a) if the responsible entity for making the change is
the assessment manager for the application—
(i) the person who made the request; or
(ii) an entity that gave a notice under section
373 or a pre-request response notice
about the request;
(b) if the responsible entity for making the change is
a concurrence agency for the application—the
person who made the request.
(2) The appeal must be started within 20 business days
after the day the person is given notice of the
decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
467 Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency
(1) A person to whom a notice under section 378(9)(b)
giving a decision to change or cancel a condition of a
development approval has been given may appeal to
the court against the decision in the notice.
(2) The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.
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