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001A690B.001
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Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2006/2159
Your Reference: 710/78 (12) P32985 F209
1 May 2009
Queensland Transport
Maritime Safety
Marine Operations (Brisbane)
MacArthur Ave East PINKENBA 4008
Dear Sir/Madam
Change to an Existing Approval
Integrated Planning Act 1997
Your Department was a referral agency for the original application and provided a response to
Council in a letter dated 8 September 2006. On 30 April 2009, Council decided to approve the
requested change from the applicant.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2006/2159
Street address: 21 Cooran Court, Noosa Heads
Real property description: Lot 202 N 21857
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 9 March 2007 decided to issue the following type of approval:-
Development Permit for Operational Works - Prescribed Tidal Work - Transport Type 5 -
Domestic Marine
In relation to your request to extend the relevant period for the above development approval, Council
on 30 April 2009 decided to:
A. Extend the relevant period until 30 April 2011
B. Approve a change to Condition 20
C. Issue a Change to an Existing Approval
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
Page 1 of 9
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Section 2
2006/2159
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 06/148-1D and 06/148-
2B, prepared by John Norden and Associates and dated July 2006 and as may be amended
by these conditions and annotations made on the plans.
2. The applicant shall obtain approval of the revised site plan, drawing No 06/148-1 Issue D, from
Marine Safety Queensland prior to the commencement of the construction of the jetty.
3. Structures should 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.
4. A rigid handrail shall be fitted on one side of the walkway.
5. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide support for the handrail.
6. 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.
7. The jetty shall be constructed in a manner to render the underside area vermin proof.
8. There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
the revetment wall.
9. Lighting associated with the use shall be designed, installed, operated, and maintained in
accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
10. The jetty is to be used for private purposes only with no commercial operations are to be
undertaken.
11. Boat repair activities will not be permitted on site.
12. Wastewater and sullage shall only be disposed of at approved pumpout facilities.
13. The mooring facility shall not be utilised for live-aboard purposes.
14. 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 1997.
15. 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.
16. Certification by a Registered Professional Engineer of Queensland shall be submitted to
Council prior to the return of any bond monies held by Council. The certification shall state that
the jetty has been constructed in accordance with best practice methods, is in accordance with
Coastal Protection and Management Act 1995, is structurally sound and will have no
detrimental affect on the existing revetment walls.
17. A final inspection and approval of the structure by Council’s Inspector is also required prior to
the return of any bond monies held by Council. Please contact Council’s Land Development
Section to arrange the inspection.
18. The jetty shall be licensed with the Council upon completion of the structural work and shall be
licensed annually thereafter.
Page 2 of 9
Section 3
2006/2159
19. No construction work is to be undertaken until separate approval is granted by the
Environmental Protection Agency (Coastal Management Branch) and any requirements of the
Department of Transport and Department of Primary Industries have been met.
20. The Development Permit for Operational Works lapses if the use has not happened by 30
April 2011, unless an application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Operational Work in a Concurrence Queensland Marine Operations
Tidal Area Transport - Maritime (Brisbane) MacArthur Ave
Safety East PINKENBA 4008
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the Assessment
Manager conditions.
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a Change to an Existing Approval Application under the Integrated
Planning Act must be made. Amended plans clearly indicating the changes must be lodged
with this application along with the appropriate fees.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
2.1. On a Sunday or public holiday, at any time; or
2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
the cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
the approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
declaration outlining the cost of the operational works must be submitted to Council with the
lodgement of any application for building works over the site.
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).
Page 3 of 9
Section 4
2006/2159
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Development Permit for Building Works All Building Works
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Decision Notice History
9 March 2007 - Original Decision Notice.
30 April 2009 - Approved Change with
amendment to Condition
20.
Page 4 of 9
Section 5
2006/2159
Yours faithfully,
Denis Wallace
SENIOR PLANNING OFFICER
Page 5 of 9
2006/2159
Yours faithfully,
Denis Wallace
SENIOR PLANNING OFFICER
Page 5 of 9Section 6
2006/2159
Referral Agency Conditions –
Department of Queensland Transport
(Maritime Safety)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Page 6 of 9
Section 7
2006/2159
Page 7 of 9
2006/2159
7. Any ship moored or dry berthed at this structure must not exceed the following sizes:
Wet Berth Dry Berth
Length Overall - 5.0 metres N/A
Beam - metres 2.0 metres
8. The contractor must construct the jetty within two years from the date of approval. If
construction is not completed, you will need additional or amended comments from the Regional
Harbour Master.
Maritime Safety Queensland does not need to be further consulted if all of the above conditions are
met.
The above conditions must be included in your application to the assessment manager.
This agency will also forward a copy of this letter to the Assessment Manager.
Yours sincerely
Uf Captain Peter J Marchbank
Acting Regional Harbour Master (Brisbane)
Maritime Safety Queensland Page 2 of 2
Page 7 of 9Section 8
2006/2159
Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
available only for the part of the application involving
impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
Page 8 of 9
Section 9
2006/2159
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant.
(b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
Page 9 of 9
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001A690B.001.pdfRelated documentPublic source context ↗
Decision Notice - Change to an Existing Approval - Concurrence Agency - Q.T (Maritime Safety Queensland) [As Published]Related documentApplication case desk ↗
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