Decision Notice - Approved by Delegation of Authority MCU21 0112

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	MCU21/0112 & OPW21/0183
Your Reference:	.
19 October 2021
Pile-It Pty Ltd
Po Box 672
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 October 2021, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0112 & OPW21/0183
Street address:	20 Cooran Ct Noosa Heads Qld 4567
Real property description:	Lot 228 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
Development Permit for Operational 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
20.025 S01	C6	Drawing Schedule & Transmittal prepared by Long View Consulting Engineers	11 August 2021
20.025 S02	C2	Structural Notes Sheet prepared by Long View Consulting Engineers	18 November 2020
20.025 S03	C6	Site Plan, Framing Plan, Elevations prepared by Long View Consulting Engineers	11 August 2021
20.025 S04	C3	Jetty Framing Details prepared by Long View Consulting Engineers	11 August 2021
Site Specific Conditions
The maximum number of vessels that may be berthed, moored, attached or stored on the structure(s) must not exceed 2.
The use of the jetty/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 18 Cooran Crt (Lot 229 N21857) and the property boundary of 22 Cooran Crt (Lot 227 N21857).
Vessels and boatlifting devices must be connected directly to the pontoon, and not located side by side or in tandem with another vessel.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1500 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 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.
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 15 October 2023, unless an application to extend the currency period is approved by Council.
General Conditions
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 16/9/2021 (Reference No. 2108-24403 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.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
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.

Yours faithfully,

Mark Lewis
Coordinator - Engineering

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents

cc.	[email protected])

	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 4

[Attachment: image11.png (image text)]
Development Assessment Rules—Representations about a
referral agency response

“The folowing provisions are those set outin sections 28 and 20 of the Development Assessment Rus!
regarding representations about a referal agency response

Part 6: Changes to the application and referral agency
responses

28 Concurrence agency changes its response or gives a late response

28.1. Despte pa 2, a concurence agency may, afer its referal agency assessment period and any
further period agreed ends, change its refeal agency response or give alate referral agency
response before the application is decided, subject to section 28.2 and 22.3

282. A concurrence agency may changeit referal agency response at any time before the appicaton
fs decides
(@) the change isin response to change which the assessment manager is satisfied isa change

under section 8.1: or
() the Minister has given the concurrence agency 8 ireton under sacton 99 ofthe Act or
(6) the applicant has given writen agreement to the change tothe rferal agency response?

28.3. A concurrence agency may giv alate referal agency response before the aplication is decided,

‘tthe appicanthas given written agreement to the late referal agency response,

28.4. Ifa concurrence agency proposes to change is referal agency response under section 28.2(a)
the concurence agency must—

(3). give notice ofits intention to change its efeal agency response tothe assessment manager
‘and scopy tothe applicant within &daye of resiving native of the change under section 25.1:
one

(0) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or
‘urther 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 69 ofthe Planning Act 2016

2 Inthe instance an applicant has made representations tothe concurrence agency under section 30,
‘a the concurrence agency agrees to make the change included in the representations, secon
‘282(¢)'s taken to have been satsted.


[Attachment: image12.png (image text)]
Part 7: Miscellaneous

30 Representations about a referral agency response

120.1. An applicant may make representations to a concurence agency t any time before the application
|i decided, about changing a matter in the referral agency response

An applicant may elect under section 22, to stop the assessment manager's decision period in which
to take tis aston. Ifa concurence agency wishes lo amend their response i elation ©
‘epreseniaons made under this secton, they must do so in soordance wih section 28.


[Attachment: image14.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image3.png (image text)]
 

 

 

 

Queensland

SsaRA reference: 2106-24402 SRA
Councl reference: MCU2UOTI28 OPW2NDIE2

16 September 2021
chief Execute Offcer
Noosa Shire Couna!
POBox 141

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

‘Atenton: Mark Lewis

Dearie Lews
SARA response—20 Cooran Court, Noosa Heads
(Releralapeny response gen unde seion 5 oe Paming Act 2016)

“The development application desorbed below was confirmed as properly refer by the State
‘Assessment and Referral Agency (SARA) on 28 August 2021

Response
‘Outoome: Feferal agency response — wih conlions
Date of response: 16 September 2021
Conetions: “The consonsin Attachment 1 must be attached to any
evelopment approval
Abc: ‘Avice tthe applicants in Attachment 2
Reasons: “The reasons forthe referal agency response ae in Attachment 3
Development details
Description: Development permit Operational work for prescribed tidal works
foraiety
Material change of use fora landing
SARA role Referal agency
‘SARA trigger ‘Schedule 10, Part 17, Division 3, Table 2 (Planing Regulation 2017)

Development aplication for operational work for prescribed tidal

Ea cena pert
‘ite aren swag Lee, 2

enue oosyscre
Pagers oar Ha, Mafoshycre GLO S58


[Attachment: image4.png (image text)]
“SARA reference:
‘Assessment Manager:
‘Steet adress:

Real property description:
Applicant name:
Applicant contact details:

Representations

works fora private jety
(2108-24403 SRA

Noosa Shire Counei

120 Cooran Court, Noosa Heads
Lt 228 on N21887

Pest Pty Lid (Noosa Jety Builders)

POBox 672
Noosavile OLD 4568
[email protected]

“Bn applicant may make represeriatons toa SoncurTence agency, a any tne betore he applications _—
Gecided, about changing a matter inthe referal agency response (5.30 Development Assessment ules)
Copies f the relevant provisions are in Attachment 4

|A copy of this response has been sent tothe applicant for ther information.

For further information please contact Danika Cowie, Principal Planring Offcer, on (07) $352 8778 or via
‘email SEGNentRSARA@ dsclgp ald gov-2u who willbe pleased to assist.

 

Garth Nolan
Manager (Planning)

ce lest Ply Lid (Noosa Jty Bul), intognoossjetyoulers.com au

ene Altchment | -Referal aganeyconations
‘atachment 2 -Aaves tothe sppicant
‘tachment 3 - Reasons ‘or reel agency respons

‘tachment 4

provsions

epresentatons
‘Atacimert 5 - Approved ans and specications

‘st Aecesonent and Reta Agany Pagezers

 


[Attachment: image5.png (image text)]
Attachment 1—Referral agency conditions
(Tider secon 58(TNBKT of Be Planing Act 2076 the Towing Condisons mast be Siachedo any GeSopEAT
‘spprovlelaing to this appeaton) (Copies ofthe plans and specileatons referenced blow ae found st
‘Ataorment 6).

 

We.

Conditions

Condition timing

 

“Operational work for prescribed tidal work fora jetty

 

10-17.32.1_—The chet executive administering the Planning Act 2016 nominaies the Director General
ofthe Department of Transport and Misin Roads tobe the enforeement author forthe development
to which tis development approval relates forthe administration and enforcement of any matter
relating to the following conaitions

 

7

“The development must be cavied out general in accordance with
‘the folowing plans:

+ Drawing titled Site Plan, Framing Plan and Elevations
prepared by Long View Consuttng Engineer dated
1108/2021, crawing number S03, Revision C8 as amended
inred by SARA on 16 September 202%

Forthe duration ofthe
works.

 

(@) Provide writen notice i:
Regional Harbour Master
Mariime Safety Queensland
Macarthur Avenve East

Pinkenba, Gl, 4008,
meq dae briebar ae

when the development authorised under this approvals
‘Scheduled to commence.

Each notice must state this application number, the location and
ame of registered place andthe condition number under which the
potlee is beng given

(©) Provide written notice te:
Regional Harbour Master
Mariime Safety Queensland
Macarthur Avenve East

Pinkenba, Gl, 4008,
meq dae briebar ae

when the development authorised under this approval has
been completed.

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

a)Atees wo 2)
weeks prior tothe
‘commencement of

1) Wein two (2) weeks
ofthe completion of

 

 

 

“AS Constructed” drawings of the approved sructure must be
provided to

Regional Harbour Master

Mariime Safety Gueensiand

Macarthur Avenve East

Pinkenba, Gl, 4008,

meq idas brisbar ae

Within wo (2) weeks of
‘the completion ofthe
works

 

 

 

‘st Aecesonent and Reta Agany

Pagesers


[Attachment: image6.png (image text)]
 

4. Allwessels, structures, plant and equipment associated wih the | White the works are
construction ofthe approved works must be ltimarked in accordance | occuring.

“withthe folowing specfiostions and requirements such that

Undertaking the construction works does not cause a isk the safe

navigation of ships:

(2) Any anchors deployed must be marked wih yellow buoys,
‘and ited with FL yellow ights fed.

(©) Lighting provided must not obscure, disguise or otherwise
interfere wit the efectvensss of navigational lighting.

© | The sructure mist be IRmarked in accordance wih the folowing | Avallimes,
specificatons, such that # does not cause a risk to the safe
avigaton of otter ships:

 

(2) Lighting must be provided in accordance with Maritime
‘Safety Queensland's requirements and section 3 of AS
14222 1007 Conta of the obtrusive efects of outdoor

lighting”

(©) Lighting provided must not obscure, disguise or otherwise
interfere wit the eflectveness of navigational lighting.

 

 

 

 

 

‘st Aecesonent and Reta Agany Pagesers


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

 

 

General advice
7.__| Terms and phrases used in this dooumant are defined inthe Planning Act 2076 fs regulation or

the State Development Acoesament Provisions (SDAP) v2, fa word remains undefined has
its ordinary meaning.

 

 

 

 

 

‘st Aecesonent and Reta Agany Pagesers


[Attachment: image8.png (image text)]
Attachment 3—Reasons for referral agency response
(Given under secon S67) of te Panning AC 2076)

“The reasons for SARA's decision ar:

«Te ensure the developments caiad out generally in accordance withthe plans of development
submited wih the application.

‘© To censure that tal times, allights on or above the development site donot interfere wih safe
navigation in surrounding waterways

‘+ Te ensure the development does not encroach on the navigation condor or high risk martime zone
tw ensure the safe passage of vessels.

‘© Totensure that debris fom the development does not create hazard to navigation
“To ensure that ther is no residual material that could create 2 hazard to navigation.

Findings on material questions of fact
“The proposed development is located in a canal
“The proposed development i forthe constuction ofa private single vessel ety.
“The proposed structure, including any vessel berthed, moored or attached tothe structure:
(© willnot encroach into, pass over or under a navigation corridor, and
(© isnot located ina high isk martime development one.

Material used in the assessment ofthe application:
“The development application matenal and submited plans,

Planning Act 2016

tanning Regulation 2017

“The State Development Assecement Provisions (version 2.8), as published by the department

‘The Development Assessment Rules

‘SARA DA Mapping system

Human Rights Act 2019

‘st Aecesonent and Reta Agany Pagesors