APPROVED Change to Existing Approval - OPW11/0240.01

Officer:	Mark Lewis
Direct Telephone:	07) 5475 9970
Fax:	(07) 5441 8338
Our Reference:	ML011:MXM: OPW11/0240.01
Your Reference:	0055
22 May 2012

Noosa Jetty Builders
PO Box 299
NOOSAVILLE  QLD  4566

Dear Sir/Madam

Change to an Existing Approval
Sustainable Planning Act 2009

I refer to your request dated 18 May 2012 to make a permissible change to an existing approval granted on 18 July 2011.  On 21 May 2012, Council decided your requested changes.

Details of the decision are as follows:

APPLICATION DETAILS

Application No:	OPW11/0240.01 (OPW11/0240)
Street Address:	19 Topsails Place, Noosaville
Real Property Description:	Lot 501 RP 880345
Planning Scheme:	The Noosa Plan (8 August 2011)

DECISION DETAILS

The following type of approval has been issued:

Development Permit for Operational Work – Jetty and Boatlift

In relation to the request to make a change to the existing approval, Council decided to:

A.	Approve a change to the development approval.

B.	Change section 2 “Decision Details” to read as follows:The following type of approval has been issued:
Development Permit for Operational Work – Jetty and Boatlift

C.	Delete Condition 6

RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is in accordance with that stated in the Decision Notice dated 18 July 2011, unless an application to extend the period is approved by Council under s 383 of the Sustainable Planning Act 2009.

CONSOLIDATED ASSESSMENT MANAGER CONDITIONS

This development approval is subject to compliance with the following assessment manager conditions:

Approved plan/s comprising drawings are numbered 11/71-1 and 11/71-2 prepared by John Norden and Associates and dated May 2011. Copies of which are attached.
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.
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.
Deleted.
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall.
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.
Rock scour protection, wrapped in geotextile, extends 750 mm from the face of the revetment wall in this locality. Piles are to be located clear of this rock protection.
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.
The approval or conditions do not constitute a ruling on structural safety and the applicant must make their own arrangement 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 statues and/or statutory regulations in the execution and/or performance of said works.  Council does not accept any responsibility for the accuracy of such plans and specifications as approved.
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 at 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 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.
The jetty must be licensed with the Council upon completion of the structural work and must be licensed annually thereafter.

APPROVED PLANS/DOCUMENTS

The following plans are Approved Plans for the development:

Approved Plans
Plan No.	Rev.	Plan Name	Date
11/71-1
Working Drg	May 2011
11/71-2
Working Drg	May 2011

ADVISORY NOTES

These Advisory Notes do not form part of this approval or the conditions attached thereto.  The following Advisory Notes are intended to provide guidance to the applicant where necessary and inform the applicant of actions that Council may take with respect to the development site or the approval:

Council has undertaken an audit check of the Operational works drawings in relation to the proposed works. A detailed design 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.
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 Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.

Equitable Access and Facilities
The plans for the proposed building work have NOT been assessed for compliance with the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities.  Your attention is also directed to the fact that in addition to the requirements of the Building Code of Australia – Part D3 as they relate to people with disabilities, one or both of the following may impact on the proposed building work:
The Disability Discrimination Act 1992 (Commonwealth)
Anti-Discrimination Act 1991 (Queensland)

Sunshine Coast Regional Council recommends that the following matters be considered to address equitable access and facilities in the building:
The building and environs should be designed to meet the requirements of the Human Rights and Equal Opportunity Commission “Advisory Notes on Access to Premises” and AS 1428.2
Applicants should be aware that a “Disability Standard on Access to premises” is currently being developed and most likely will impose changes on the Building Code of Australia
Any services and facilities in the building complex should allow independent, dignified and equitable use of the services and facilities for all people.

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.

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.

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.

OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies of which are available on line at www.sunshinecoast.qld.gov.au, or at Council offices.

DECISION NOTICE HISTORY

OPW11/0240 - Original Decision Notice.  18 July 2011

OPW11/0240.01 - Changes to an Existing Approval.  21 May 2012

Yours faithfully

BRAD CAREY
ACTING COODINATOR - ENGINEERING ASSESSMENT
engineering & environment assessment branch

	 Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7)

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.

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OPW11/0240.01