Decision Notice - Approved by Delegation of Authority MCU21 0003

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	MCU21/0003 & OPW20/0106 : JElder
Your Reference:	NA
10 February 2021
Pile-It Pty Ltd
Po Box 672
NOOSAVILLE  QLD  4566

[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 February 2021, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0003 & OPW20/0106
Street address:	8 Ravenwood Drive & 11 Key Court Noosa Heads Qld 4567
Real property description:	Lot 160 N 21859 and Lot 169 N 21858
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 (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
S01	C4	Drawing Schedule and Transmittal prepared by Long View Consulting Engineers	14 October 2020
S02	C1	Structural Notes Sheet prepared by Long View Consulting Engineers	11 June 2020
S03	C4	Site Plan, Framing, Elevations prepared by Long View Consulting Engineers	14 October 2020
S04	C2	Jetty Framing Details prepared by Long View Consulting Engineers	18 September 2020
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 8 February 2023, 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 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 must be located in accordance with the approved plans.
Vessels must be connected directly to the jetty and not located 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
All structures must have no detrimental effects on stormwater drains and/or easements.
Jetties 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.
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 29 October 2020  (Reference No. 2007-17608 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.
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.	Unitywater

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	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 14

[Attachment: image12.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image3.png (image text)]
°

Queensiand

 

Queenstand Treasury

SARA reference: ‘2007-17808 SRA
Councl reference: OPW200108

28 Osteber 2020

Chief Executive Offcer
Noosa Shire Counc
POBox 141

‘Tewantin Qld 4585
rmali@noosa qld. gov.2u

‘Atention: Mark Lewis

Dear MrLewis

SARA response—11 Key Court and 8 Ravenwood Drive,
Noosa Heads
(Reieral gency response gen une seion 5 he Paming At 216)

“The development application desorbed below was confirmed as property referrad by the State
‘Assessment and Referral Agency on 14 July 2020.

Response

‘Outcome: Fferal agency response wih conations.

Date of response: 28 October 2020

Conditions: “The condionsin Attachment 1 must be attached to any
evelopment approval

Abc: ‘Advice the applicants in Attachment 2

Reasons: “The reasons forthe referal agency response ae in Attachment 3

Development details

Description: Development permit Operational werk for presrbed tal works

(shared jet)

‘SARA roe: FReferal Agency

‘SARA tigger ‘Schedule 10, Part 17, Division 3, Subdivision 2, Table 1 (Panning
Regulation 2017)

‘ounce eerste (Nor) elena
‘eae sung. eel 12 Fr
‘enue aoounore

Pagers SS Gor tas uatochyaore au esse


[Attachment: image4.png (image text)]
‘Development application involving tidal works or work ina coastal

management istic,
“SARA reference: ‘2007-17008 SRA
‘Assessment Manager: [Noose Shire Counc!
‘Steet adress: 11 Key Court and 8 Ravenwood Drive, Noosa Heads
Real property description: Lot 160.0n N21858 and Lot 160 on N21869
‘Applicant name: Pile Pty Lis
Applicant contact detail: PO Box 672
Nocsavila GLD 4568
[email protected]

Representations

“Ba applicant may make represeriatons to a Soncurence agency, alany tne beter the applications
Gecided, about changing a matier inthe referal agency response (5.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4

‘A copy of this response has been sent tothe applicant fr their information.

For futher information please contact Ruth Crefield, /Senior Planning Offer, on $352 8776 or via
emai ip ald gov. whe wil be plassad to assist.

 

Yours sincerely
7
LE
OF
J
Gath Non
Manager (Planning)

c= Plesk Pty Lid infognoossjetyblderscomau

ene Atachmant | -Refaral aganey constions
‘Atachmant 2 -Aawes tothe sppicant
‘Atachmant 3 - Reasons ‘or reeral agency response
‘Ataciment 4 Representations provsicns
‘Ataciment®5 - Approved plans and specications

‘it Aecesonet an etal Ago) Pogezars


[Attachment: image5.png (image text)]
Attachment 1—Referral

jency conditions

 

(Tider secon S8( TVX) of he Planing Act 2076 te Toowing conations Ras be SacRed Wo any GvSoRTERL
‘spproalelsing to this sppcaton) (Copies ofthe plans and specications referenced below ae found st
‘Ataorment 6).

 

We.

‘Conditions

‘Condition ming

 

‘Operational work

 

‘Schedule 10, Part 17, Division 3, Table 2—The chef excoulve administering the Planning Act 2076
nominates the Director-General ofthe Department of Transport and Main Roads tobe the enforcement
thority forthe development o which this development approval relates for the administration and
‘enforcement of any matter relating tothe following conitions:

 

7

“The development must be cared out generally in accordance wit
the folowing plans:

‘Site Plan, Framing Plan, Elevations, prepared by Noosa Jety
Builders, dated 14 October 2020, reference 20.001-002, S03
‘and revision C4, 2s amended in fed by SARA on 29 October

2020,

For the duration of he
works.

 

Provide writen note t
Regional Harbour Master
Martime Ssfety Queensiand
Macarthur Avenus East
Pinkenba, Qld. 4008,
‘[email protected]

when the development authorised under this approvals
“scheduled to commence

Each notice must state this application number, the location
and name of registered place and the condtion number
Lnder which the notice is being given.

Provide writen noi to:
Regional Harbour Master
‘Martime Ssfety Queensiand
Macarthur Avenue East
Pinkenba, Qld. 4008,
‘[email protected]

when the development authorised under this approval has
been completed.

Each notice must state this aplication number, the location and
name of registered place andthe condition number under which the
notice is being given

 

 

 

“As Constructed Grawings ofthe approved structure must be
provided te:

Regional Harbour Master

Martime Ssfety Queensiand

Macarthur Avenus East

Pinkenba, Qld, 4008,

 

‘Within two (2) weeks:
ofthe competion of

 

 

‘it Aecesonet an etal Ago)

Pagesers


[Attachment: image6.png (image text)]
 

‘[email protected]

 

| Allvessals, structures, plant and equipment associated wih the | While the works are
‘construction of the approved works must be liimarked in accordance | occuring.

‘withthe folowing specifoations and requirements such that

Undertaking the construction works does not cause a sk to the safe

navigation of ships:

12) any anchors deployed must be marked with yellow buoys,
‘and fited with FL yellow ight fied

)_ Lighting provided must not obscure, disguise or therwise
Intertere wih the effectiveness of navigational lighting,

“| The structure must be Iimarked in accordance wih the folowing | Atal mes.
‘specications, such that does not cause a risk the safe
navigation of ther ships:

 

2) Lighting must be provided in accordance with Maritime
‘Safety Queensland's requirements and secton 3 of AS 4282-
{G07 ‘Cont! ofthe obtrusive effects of outdoor lighting.

) Lighting provided must not obscure iaguige or otherwise
Interere wih tha effectiveness of navigational lighting,

 

 

 

 

 

‘it Aecesonet an etal Ago) Pogesers


[Attachment: image7.png (image text)]
Attachment 2—Advice to the applicant

 

General advice
1

 

“Terms and phrases used in this document are defined m the Planning Act 2076 fs regulation or
the State Development Assessment Provsions (SDAP) v2, ifa word remains undefined has
its ordinary meaning.

 

‘SARA'S assessment is based on the potental impacts to the navigation coridor and
interference with ads to navigation ony. in accordance wih State code 7 of the State
Development Assessment Provisions (SDAP). SARA has not confrmed that the water
allocation boundaries with adjoining Lots as shown on the approved plan is correct. is noted
{that assessment is required by he assessment manager inflation to water allocation
boundaries in aocordance with the Planning Regulation 2017 and Schedule 3 of the Coastal,
Protection and Management Regulation 2017

 

 

 

 

 

‘it Aecesonet an etal Ago) Pagesers


[Attachment: image8.png (image text)]
Attachment 3—Reasons for referral agency response
(Gwen under secon £07) of te Panning ACT 2016)

“The reasons for the department's decision are:

1+ The proposed developments for 2 development permit for prescribed tidal works (shared jetty)

‘©The development site is located within a coastal management cite.

‘© SARA assessed the development application against State code 7 ofthe State Development
Provisions (SDAP), version 28, and determined that wih conditions, the development achieves
‘compliance withthe performance outcomes ofthe State code.

Material used in the assessment ofthe application:

“The development application material and submited plans
Planning Act 2016

Planning Regulation 2017

“The State Development Assecement Provisions (version 2.8), as published by the deparment
“The Development Assessment Rules

[SARA DA Mapping system

‘it Aecesonet an etal Ago) Pagers