Council archive · source document
Decision Notice - 010.2008.00000530.001 [As Published] · 142008.530
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/530
Your Reference:
11 July 2008
Body Corporate – The Anchorage Noosa
CARE Superior Jetties
PO Box 920
NERANG QLD 4211
Dear Sir/Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 10 July 2008 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/530
Street address: 297 Gympie Terrace, Noosaville
Real property description: Lot 0 BUP 7631
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Transport Type 5 - Domestic Marine (Jetty)
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plan of development. The approved plan is numbered:
Plan / Rev. Plan / Document Name Date
Document No.
4494-D01 A A Proposed Pontoon & Gangway – Site Plan, 03/06/08
Elevations and General Notes – Superior Jetties
as may be amended by these conditions.
2. Handrails shall be fitted as per details on approved drawing.
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2008/530
3. The pontoon shall be licensed with the Council upon completion of the structural work and be
licensed annually thereafter.
4. The pontoon is to be used for private purposes only with no commercial operations to be
undertaken.
5. There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
the revetment wall.
6. 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.
7. Boat repair activities shall not be conducted from the structure.
8. Wastewater and sullage shall only be disposed of at approved pumpout facilities.
9. The mooring facility shall not be utilised for live-aboard purposes.
10. 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.
11. 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.
12. 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 pontoon and associated structures have 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.
13. A final inspection and approval of the structure by Council’s Inspector is required prior to the
return of any bond monies held by Council. Please contact Council’s Land Development
Section to arrange the inspection.
14. The jetty shall be licensed with the Council upon completion of the structural work and shall be
licensed annually thereafter.
15. The Development Permit for Operational Works of use of premises lapses if the use has not
happened by 10 July 2010, 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 Works Concurrence Queensland Regional Harbour Master
below High Water Mark Transport – MacArthur Avenue East
Maritime Safety PINKENBA QLD 4008
Tidal Works Concurrence Environmental PO Box 15155
Protection Agency CITY EAST QLD 4002
A copy of any referral agency conditions is attached.
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6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
4494-D01 A A Proposed Pontoon & Gangway – Site 03/06/08
Plan, Elevations and General Notes –
Superior Jetties
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 prior to commencement
of work.
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 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
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2008/530
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Nil
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.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Tracy Jones
SENIOR PLANNING OFFICER
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2008/530
Referral Agency Conditions –
Queensland Transport (Maritime
Safety)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2008/530 Page 6 of 10 [OCR of page images] 2008/530 6. The ship moored at this pontoon must follow the most direct course from this structure to open waters and a similar direct course when returning to this pontoon 7. The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel clearance at all stages of tide. The ship must comply with any local restrictions placed on channel depths and draft restrictions. 8. Any ships and equipment you or your agent use must comply with the Transport Operations (Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the Transport Operations (Marie Pollution) Act 1995. 9. Any ships using this structure must comply with the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Safety) Regulation 2004. 10 Any ship moored at this pontoon and walkway must not impede the safe navigation of other ships or restrict safe access to or from netghbouring structures 11. Any ship moored or dry berthed at thts structure must not exceed the following sizes’ Wet Berth Dry Berth Length Overall 6.7 metres NIA Beam - 32 metres 12 The contractor must construct the pontoon and walkway 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 Captain Richard C Johnson Regional Harbour Master (Brisbane) Page 6 of 10
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2008/530
Referral Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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[OCR of page images]
2008/530
‘
“oN
Response
EPA Permit number: _IPCC01071108
Pians:
Drawing Numbers Date
4494-D01 prepared and approved by Stephen R. Belyea 24/01/08
4494-D01 prepared and approved by Stephen R. Belyea 24/01/08
Reasons for inclusion of development conditions
{n accordance with section 3.3.18(8) of the Integrated Planning Act 1997 and section 27B of the Acts
Interpretation Act 1954, the reasons for the inclusion of development conditions are:
The Environmental Protection Agency is a concurrence agency under the Integrated Planning Regulation 1998
for coastal management under the Coastal Protection and Management Act 1995, excluding amenity or
aesthetic significance or value.
Additional information for the assessment manager
The Environmental Protection Agency referral agency jurisdiction for the development application is confined to
that aspect of the application involving the triggers identified in the response. EPA has no referral agency
jurisdiction in relation to other aspects of the development application.
In this regard it should be noted that the State Coastal Management Plan 2001 and SEQ Regional Coastal
Management Plan 2006 which, for the purposes of making a statutory decision, has the same effect as a state
planning policy. The assessment manager is required to give due consideration to the relevant State planning
policies when deciding the application.
Additional information for applicants
It is a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes
aware a Notifiable Activity (as defined under Schedule 2 of the Environmental Protection Act 1994) is being
carried out on this tand or that the land has been affected by a hazardous contaminant, they must, within twenty
two (22) business days after becoming aware the activity is being carried out, give notice to the Environmental
Protection Agency. A list of Notifiable Activities is provided within Schedule 2 of the Environmental Protection
Act 1994.
This concurrence response pursuant to the integrated Planning Act 1997 and assessed against section 104 of
.the Coastal Protection and Management Act 1995 does not remove the need to obtain any further approvals for
this development which may be required pursuant to this or other legislation, both State and Commonwealth.
Applicants aré advised to check with all relevant statutory authorities for such approvals-as may be required.
Ben Sale .
Delegate
Brisbane North Region
Environméntal Services
EPA
Page 2 of 2 Environmental Protection Agency
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
(5) If an application is processed under section
The following is an extract from the Integrated 6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4). application are available only for the aspects of the
development that would have required public
Division 8 - Appeals to court relating to
notification under the repealed Act.
development applications
Appeals by applicants (6) If an application involves assessment
4.1.27.(1) An applicant for a development against a concurrence agency code, appeal rights
application may appeal to the court against any of for submitters for the application are not available
the following- against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application; Appeals by advice agency submitters
(b) a matter stated in a development approval, 4.1.29.(1) An advice agency may, within the limits
including any condition applying to the of its jurisdiction, appeal to the court about the
development, and the identification of a code giving of a development approval for a
1
under section 3.1.6; development application if-
(c) the decision to give a preliminary approval (a) the development application involves impact
when a development permit was applied for; assessment; and
(d) the length of a currency period; (b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
the application as a submission for an appeal.
(2) An appeal under subsection (1)(a) to (d)
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made. 4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
the following notices have been given may appeal
4.1.28.(1) A submitter for a development
to the court against the decision in the notice-
application may appeal to the court about-
(a) a notice giving a decision on a request for
(a) the giving of a development approval, including
extension of the currency period for an
any conditions (or lack of conditions) or other
approval;
provisions of the approval; or
(b) a notice giving a decision on a request to make
(b) the length of a currency period for the approval.
a minor change to an approval.
(2) The appeal must be started within 20
(2) The appeal must be started within 20
business days (the “submitters appeal period”)
business days after the day the notice of the
after the day the decision notice or negotiated
decision is given to the person.
decision notice is given to the submitter.
(3) Subsection (1)(a) does not apply if the
(3) If a person withdraws a submission before
approval resulted from a development
the application is decided, the person may not
application (superseded planning scheme)
appeal the decision.
that was assessed as if it were an
(4) If an application involves both impact application under a superseded planning
assessment and code assessment, appeal rights scheme.
for submitters are available only for the part of the
(4) Also, a person who has made a request
application involving impact assessment.
mentioned in subsection (1) may appeal to
the court against a deemed refusal of the
request.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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(5) An appeal under subsection (4) may be For Building Works Only
started at any time after the last day the Rights of appeal conferred by Section 4.2.9 of the
decision on the matter should have been Integrated Planning Act 1997 as follows:
made.
Division 3 – Appeals to tribunals relating to
development applications
Division 9 - Appeals to court about other
matters Appeals by applicants
Appeals for matters arising after approval given
(no co-respondents)
4.2.9(1) An applicant for a development application
4.1.31.(1) A person to whom any of the following may appeal to the Building and Development
notices have been given may appeal to the court Tribunal against any of the following-
against the decision in the notice-
(a) the refusal, or the refusal in part, of a
(a) a notice giving a decision on a request to development application;
change or cancel a condition of a development
approval. (b) a matter stated in a development approval,
2 including any condition applying to the
(b) a notice under section 6.1.44 giving a decision development, and the identification of a code
to change or cancel a condition of a under section 3.1.6;
3
development approval.
(c) the decision to give a preliminary approval when a
(2) The appeal must be started within 20 development permit was applied for;
business days after the day the notice of the
(d) the length of a period mentioned in section 3.5.21
decision is given to the person.
currency period;
(3) Also, a person who has made a request
(e) a deemed refusal.
mentioned in subsection (1)(a) may appeal
to the court against a deemed refusal of the (2) An appeal under subsection (1)(a) to (d) must
request. be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or
(4) An appeal under subsection (3) may be negotiated decision notice is given to the applicant.
started at any time after the last day the
(3) An appeal under subsection (1)(e) may be
decision on the matter should have been started at any time after the last day a decision on the
made. matter should have been made.
Appeals against decisions to change approval The Registrar for the Building and Development
conditions under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a http://www.localgovernment.qld.gov.au/
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice
of the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on
the matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to
the court against the decision or the conditions
applied.
(2) The appeal must be started within 20
business days after the day notice of the decision
is given to the applicant.
2
Section 6.1.44 (Conditions may be changed or
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
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