Minor Change Report OPW18 0080 · OPW18/0080

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW18/0080
Development Approval	12806 – 10 August 1998
Applicant	Deborah Joy Weeks
Request Received On	30 April 2018

PROPERTY DETAILS
Property Address	30 The Anchorage Noosaville Qld 4566
RP Description	Lot 783 RP 910420 No related Land
Land Area	800.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Detached Housing
Overlays	Natural Hazards (flooding, acid sulfate soils)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval. The changes consist of modifying the jetty head and the inclusion of a boat lifting device.
background
A development approval for a Jetty was issued on 10 August 1998.
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Watercourses Works Code
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the canal frontage currently includes a jetty and the boat lifting device is located between the jetty head and the subject property;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Planning Scheme and Council works
In the period since the original approval Council’s Planning Scheme has been updated and amended a number of times. Council has also undertaken significant works to the canal bed (rock protection). In order to provide clarity, the following comments are an assessment of the change application against the current Watercourses Works Code of the Noosa Plan.
The proposed head has a width of 2.4m. This width is more than the 1.5m described in Probable Solution S12.1(a). As the proposed works are minor and consist of “squaring up” the existing jetty head it is considered that the proposal achieves compliance with Specific Outcome O12.
The proposed boat lifting device is in accordance with the Watercourses Works Code.
It is recommended that the conditions of the subject approval be updated to current requirements.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
Not applicable
conclusion & reasons for decision
The proposed head has a width of 2.4m. This width is more than the 1.5m described in Probable Solution S12.1(a). As the proposed works are minor and consist of “squaring up” the existing jetty head it is considered that the proposal achieves compliance with Specific Outcome O12.
The proposed boat lifting device is in accordance with the Watercourses Works Code.
RECOMMENDATION
With regard to Application No. OPW18/0080, to make a minor change to an existing approval for Operational works – jetty and boat lifting device situated at 30 The Anchorage Noosaville Qld 4566  described as Lot  Lot 783 RP 910420, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 21 May 2018, decided to:
A.	Approve the change.
B.	Amend Conditions 1 - 10 to read as follows:
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
A001	H	Site Plan prepared by Natani Design As annotated by Council	21 May 2018
A101	H	Sitting Deck prepared by Natani Design As annotated by Council	21 May 2018
This permit is for the works within the canal system only. The works within the subject site are not part of this permit.
The boatlifting device must a “floating pontoon” type or other similar structure.
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 support for the handrail.
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.

C.	Add additional Conditions 11, 12, 13, 14, 15, 16, 17, 18 and 19 to read as follows:

Rock scour protection, wrapped in geotextile, extends from 750mm up to approximately 5000mm from the face of the revetment wall in Noosa Waters. Piles are to be:
Located clear of this rock protection where applicable, or alternatively
Where the scour protection extends beyond 750mm:
Prior to driving piles, the rocks are to be removed to expose the geotextile and the geotextile cut neatly to allow it to be turned back. During pile driving, care is to be taken to ensure the geotextile is not damaged. At the completion of pile driving, the fabric is to be turned down around the pile and the rocks replaced around the piles
The jetty and boatlifting device are 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 and boatlifting device are 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 Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
This approval lapses where the construction of the jetty and boat lifting device 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
D.	Include Advisory Notes 1, 2, 3  and 4
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, 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.

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