Council archive · source document
Decision Letter - Change to an Existing Approval - 010.2007.00001173.03 [As Published] · 142007.1173.03
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2007/1173
Your Reference: M2248-20
17 September 2009
Heritage Jetties Pty Ltd
CARE Jones Flint & Pike Pty Ltd
PO Box 6
MAROOCHYDORE QLD 4558
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 15 September 2009 Council
decided your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2007/1173
Street address: 172 Gympie Terrace NOOSAVILLE
Real property description: LOT 164 CP 907410
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 1 December 2008 decided to issue the following type of approval:-
Development Permit for Prescribed Tidal works for the Refurbishment of a Commercial
Boathouse and Jetty
In relation to representations, Council on 22 January 2009 decided to:
A. Agree to delete Conditions 3, 4, 5, 7 & 9
B. Refuse to delete Condition 8
C. Include 2 additional advice conditions
D. Issue a Negotiated Decision Notice.
In relation to the request to make a change to the existing approval, Council on 15 September 2009
decided to:
A. Approve a change to the development approval with changes to Condition 1
B. Amend the Concurrence Agencies conditions in accordance with their responses as
follows:
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2007/1173
Qld Transport (Maritime Safety)
Refer to Qld Transport (Maritime Safety) conditions in their letters dated 30June 2009 and 19
August 2009.
Dept of Environment & Resource Management (EcoAccess)
Refer to Dept of Environment & Resource Management (EcoAccess) conditions in their letter
dated 7 September 2009.
C. Issue a Change to Development Approval.
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 plans of development. The approved plans are listed in the following table and as
may be amended by these conditions: -
Plan / Rev. Plan / Document Name Date
Document No.
5306-D01 - Proposed Pontoon Reconfiguration Site 6 August 2009
Plan – Superior Jetties
5306-D02 - Proposed Pontoon Reconfiguration 6 August 2009
Elevation & General Notes – Superior
Jetties
Sheet 2 of 7 - Floor Plan – Adrian Baker Computer 13 August 2008
Drafting
Sheet 3 of 7 - East Elevation, West Elevation, South 13 August 2008
Elevation & North Elevation – Adrian
Baker Computer Drafting
Sheet 4 of 7 - Section 1 – Adrian Baker Computer 13 August 2008
Drafting
Sheet 5 of 7 - North East & North West – Adrian 13 August 2008
Baker Computer Drafting
Sheet 6 of 7 - South East & South West – Adrian 13 August 2008
Baker Computer Drafting
Sheet 7 of 7 - Site Plan Modified Jetties Layout – 23 June 2009
Adrian Baker Computer Drafting
2. Handrails shall be fitted as per indicated on the approved drawings.
3. Deleted.
4. Deleted.
5. Deleted.
6. Any external 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. Deleted.
8. The rails to the abandoned slipway structure shall be removed prior to completion of the
works,
9. Deleted.
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2007/1173
10. The mooring facility shall not be utilised for live-aboard purposes.
11. Monetary contributions shall be paid to Noosa Council towards the cost of providing and/or
upgrading various infrastructure at the rates applicable at the time of payment. An estimate
only of the contribution amounts under the current Council policies and requirements is
outlined in the table below:
Contribution Required For: Amount:
PSP12 – Public Open Space Contributions (Park) $42
PSP16 – Sewerage Headworks Contributions $241
PSP17 – Water Supply Headworks Contributions $134
PSP20 – Pathway Trunk Network Contributions $42
TOTAL Contribution Amount = $ 459
Please note, that these amounts are all subject to variations in the Consumer Price Index, All
Groups Brisbane from September 2008 until the date of payment.
All contributions must be paid prior to the commencement of the use.
Alternatively a trading bank guarantee shall be submitted to Council plus 20%. Should the
contributions not be paid at the due time, Council shall call upon the trading bank guarantee in
full.
Processing of bonds for security where specific Council approval has been given for the
bonding of contributions will incur an administration fee in accordance with Council’s Land
Development Commercial & Regulatory Fees at the time of lodgement.
In the event that the Development Permit for Material Change of Use of Premises lapses or is
cancelled, the paid contributions and/or the trading bank guarantee will be returned.
12. Any damage caused to any public utility during the course of construction shall be repaired to
Council’s standards and at no cost to Council.
13. Any alteration of any public utility or other facilities necessitated by the development of the
land or associated construction works external to the site shall be at no cost to Council.
14. The transportation of all materials to and from the site shall be undertaken in a manner such
that no particle matter escapes onto a public road. All vehicles carrying materials either to or
from the site shall be covered to prevent materials including dust being windblown from the
vehicle.
15. 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.
16. 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.
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2007/1173
17. At the completion of the works 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 works (boatshed, jetty, gangway, pontoons and
piles) have been constructed in accordance with best practice methods, are in accordance
with Coastal Protection and Management Act 1995, are structurally sound and will have no
detrimental affect on the river bed, river banks or existing revetment walls.
18. 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.
19. The Development Permit for Operational Works lapses if the works have not been completed
by 1 December 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 that Concurrence Queensland Brisbane Region
is Prescribed Tidal Transport – MacArthur Avenue East
Works Maritime Safety PINKENBA QLD 4008
Operational Works that Concurrence Environmental PO Box 15155
is Prescribed Tidal Protection Agency CITY EAST QLD 4002
Works
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 following
table:
Plan / Document No. Rev. Plan / Document Name Date
5306-D01 - Proposed Pontoon Reconfiguration Site 6 August 2009
Plan – Superior Jetties
5306-D02 - Proposed Pontoon Reconfiguration 6 August 2009
Elevation & General Notes – Superior
Jetties
Sheet 2 of 7 - Floor Plan – Adrian Baker Computer 13 August 2008
Drafting
Sheet 3 of 7 - East Elevation, West Elevation, South 13 August 2008
Elevation & North Elevation – Adrian
Baker Computer Drafting
Sheet 4 of 7 - Section 1 – Adrian Baker Computer 13 August 2008
Drafting
Sheet 5 of 7 - North East & North West – Adrian 13 August 2008
Baker Computer Drafting
Sheet 6 of 7 - South East & South West – Adrian 13 August 2008
Baker Computer Drafting
Sheet 7 of 7 - Site Plan Modified Jetties Layout – 23 June 2009
Adrian Baker Computer Drafting
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2007/1173
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. The applicant is advised that development contributions and infrastructure charges applicable to
this development approval have been based on the following Uses Class/ Uses and applicable
quantities:-
Existing Development Approved Development
Existing Use Class / Approved Use Class
Existing Quantity Approved Quantity
Use / Use
Commercial
Commercial Business
Business Type 1 - 41m² Use Area 55m² Use Area
Type 1 - Office
Office
2. The applicant is informed that approval of this development application will trigger an
Infrastructure Charge in accordance with the Coastal Major Road Network Infrastructure
Charges Plan for the estimated amount of $2,025 and is subject to variations in the Consumer
Price Index, All Groups Brisbane from September 2008 until the date of payment. An
Infrastructure Charge Notice will be issued in accordance with Chapter 5 of the Integrated
Planning Act 1997.
3. The applicant is informed that payment via credit card transaction will not be an acceptable
method of payment for development contributions conditioned in this permit or for infrastructure
charge notices issued separately.
4. 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.
5. 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:-
5.1. On a Sunday or public holiday, at any time; or
5.2. 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.
6. 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.
Additional advice conditions
1. The jetty must be licensed with the Council upon completion of the structural work and be
licensed annually thereafter.
2. Wastewater and sullage from vessels must only be disposed of at approved pumpout facilities.
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2007/1173
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
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
Nil
11 SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
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
Please note that an Infrastructure Charge in accordance with the Coastal Major Road Network
Infrastructure Charges Plan has been triggered by the approval of this development application. An
Infrastructure Charge Notice is attached in compliance with Chapter 5 of the Integrated Planning Act
1997.
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.
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2007/1173
Yours faithfully,
Denis Wallace
Senior Development Planner
Decision Notice History
01/12/2008 Original Decision Notice.
22/01/2009 Negotiated Decision Notice
with deletion of Conditions
3, 4, 5, 7 & 9 and inclusion
of 2 additional advise
conditions
15/09/2009 Approved Change to
Condition 1 and amend the
Referral Agency Conditions
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2007/1173
Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Page 8 of 21
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2007/1173 Page 9 of 21 [OCR of page images] 2007/1173 7, You or your agent must supply, install and maintain any navigation lights, buoys, marks or signs the Harbour Master considers necessary. Any lights, buoys, marks and signs must accord with Maritime Safety Queensland’s requirements. 8. You must adequately light the structure. The contractor must position all lighting so it does not cause a risk to the safe navigation of other vessels. Any freestanding piles must have retro- reflective tape fitted. 9. You, or your agent, must remove any obstructions and debris encountered during the upgrade, and dispose of them, as the Harbour Master requires. 10. 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 (Marine Pollution) Act 1995. 11. Any ships using this facility must comply with the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Safety) Regulation 2004. 12. The contractor must complete the upgrade 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. S nD ‘aptain Glenn N Hale kcting Harbour Master (Brisbane) Maritime Safety Queenstand Page 2 of 2 Page 9 of 21
Page 10
2007/1173 Page 10 of 21 [OCR of page images] 2007/1173 § Queensland ’s Government 19 August 2009 Maritime Safety Queensland Jones Flint & Pike Queensland Transport PO Box 6 Maroochydore Qld 4558 . RECHIVED| 2 1 AUG 2009 Dear Sir Tidal Works — Request for comments Amendment to development approval at 172 Gympie Terrace, Noosaville — described as Lot 164 on CP907410 Thank you for your letter of 11 August 2009 about a change to the development approval at the location mentioned above. As a concurrence agency under the Jntegrated Planning Act 1997 and Coastal Protection Management Act 1995, Maritime Safety Queensland has no objection to the proposal provided the following navigation and marine safety conditions are addressed. 1. The amendment to the approval must comply with Superior Jetties, Drawing No, 5306-D01, 5306-D02 and site plan 08085 attached to your letter dated 11 August 2009. 2. The conditions contained in our letter dated 30 June 2009 remain applicable to the amended development approval. Maritime Safety Queensland does not need to be further consulted if all of the above conditions are met. A copy of this letter has been sent to assessment manager. Yours sincerely LE— Captain Richard C Johnson Regional] Harbour Master (Brisbane) Our ref, 710/01645(2) P40250 £33638 F124, Your ref = M2248-22 Maritime Safety Queensland Marine Operations (Brisbane) MacArthur Avenue East Pinkenba Queensland 4008 ABN 13 200 330 520 Enquiries Glenn Hale Telephone +61 7 3860 3556 Facsimile +617 3860 3571 Website www.msq.qid.gov.au Email [email protected]
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2007/1173
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2007/1173
RRESPONDENCE \
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028863 |
_.Notice
. eka ee bos eos Change to-an existing approval
a _ This notice is issued by the Department of Environment ‘and easouee) Management (DERM) pursuant to Section 3. 5. 25
° . " Heritage Jetties Ply Ltd > Te gy : o oo) &
Me “Cle Jones Flint.& Pike Pry Ltd . oy eae . ot *
See, GPO, Box 6- Doge + He ete
Maroochydore GLD 4558
Attn: Robert.Stonadge
Ref. M2248-20.
yt Sunshine Coast Regional Gounéil >
_-Locked Bag: 72. ae
Sunshine Coast Mail Centre” ie
QLD 4560 :
Attn: Dennis Wallace
Senior Planning Officer
Planning Assessment
Tewantin Office
Ref: 2007/1173
Our reference: 313048
Dear Sir/Madam,
Re: .Application | to change (other ae a change of condition) your concurrence a
:, agency febponse ; o ogee
-The Depariment of Environment and Regourcé Managerient {DERM), acting as concurrence agenty, : moa
~ wishes to advise that your application to change (other than a change of condition) your existing concurrence ~
_ agency | response [Permit Ref: IPCC0067 1307), received on ae AUG. -2009; has beén assessed; ‘and on 7th”
" September 2009 was gfanted with conditions. “ a
4. Your application requested: | re . . ie
Change the development approval (other thana change of condition)
* Replace drawing numbers; 4616-D01 Revision B, 4616-D02, 4616-D03, 4616-D04, 4616-D05, 4616-
DO6, Certification Form 15, 18259-S1, 18259-S2, 0808S Sheet 1 of 7, 0808S Sheet 2 of 7, 0808S
Sheet 3 of 7, 0808S Sheet 4 of 7, 0808S Sheet 5 of 7, 0808S Sheet 6 of 7, 0808S Sheet 7 of 7
1 Permit includes ticences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation ~
administered by the Department of Environment and Resource Management (DERM). .
Rec nacls (i
Reis Elias -
pe ca D
Page 1 of 9+ D060 10g
Department of Environment and Resource Management i
www.derm.qid.gov.au_ ABN 46 640 294 485 .
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2007/1173 Page 12 of 21 [OCR of page images] 2007/1173 ecoaccess . ” environmental licences and permits Notice Change to an existing approval e With drawing numbers; 5306-D01 ‘Proposed Pontoon Reconfiguration - Site Plan’, Dated 6.08.09, certified by Mark Wichlinski RPEQ:1643; and 5306-D02 ‘Proposed Pontoon Reconfiguration — Elevation and General Notes’, Dated 6.08.09, certified by Mark Wichlinski RPEQ:1643 and ‘Proposed additions & renovations to existing timber framed sheet roof boat shed & wharf’ — Ref 0808S - Site Plan 1:200 - Adrian Baker Computer Drafting - Sheet 7of 7 dated 2.9.09. 2. The details of the approval are: Property/Location: Street address - Jetty Number 17 at 172 Gympie Terrace, Noosaville QLD 4566 Lov/Plan - Lot 164 Pian CP907410 to¢ ros The approved plans The approved plans and/or documents for this approval are listed in the following table — Plan/Document.No. | Plan/Document Name Date 5306-D01 . Proposed Pontoon Reconfiguration - Site Plan’ afe 6.08.09 5306-D02 Proposed Pontoon Reconfiguration — Elevation and General 6.08.09 “Notes posed Additions & Renovations to existing Timber Framed | - 2.09.09 - Page 2 of 9 + ADO80109 Department of Environment and Resource Management Page 12 of 21
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2007/1173
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2007/1173
“ecoaccess a ope
~ environmental icences ‘and permits . =P
. : ~ Notice
ae Change | to an n existing approval
ae - 4, Speed Roof Boat Shed & Wharf - ‘Modified Jeties Layout s+ no
i . a A nae?
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. +
71. The works must ‘be undertaken in accordance with the plans indicated nap uk approved ‘plans .
4. Any material or ‘debris that falls or is deposited on tidal lands during thé works Pe be removed’ at the
naps 's cost and, expense ae to! the practical Gt biped of the eS
he ‘excess preservative prior to its use. "Contaminated ‘wash waters must’ not be deposited into tidal waters ol
cause coritamination to land. All treated timber must-be sawn or drifled over a catchment sheet or other: .
surface suitable to catch waste materials and the waste materials must. be disposed of to a licensed waste woo
facility. oe
7. All appropriate measures must be taken to prevent the pollution of tidal waters as a result of silt runoff,
oil and grease spills from machinery, concrete. truck washout and alike: Concrete agitator wash out must
only be conducted in a Specified area to facilitate the removal of waste concrete from the.area to landfill.
Wastewater from cleaning equipment shall not discharge directly or in-directly to any watercourse or
storinwater system. soe
: ay “ .
‘8. The following measures must be taken during the removal of the existing jetty and pontoon system:
_ (a) The demolished structures [piles, any pile stubs] and other debris located at the site must be
A completely removed an and all material Sisposed of above the level of highest Sonor i
tn
(b) Alt reasonable and ‘praéticable measures must be taken to preve nt ‘or, minimise damage. to’ oastal
fe a resources including’ that disturbance to the bed and,banks of the waterway is minimised tot ihe greatest:
, extent’practicable;, eA Be * ao) :
(0). The’ bed? ‘banks and immediate surrounds’ of the site are festored to’ their former Gondition as"
nearly as practicable and any excavation made is io ‘be completely backfilled to the existing bed level; oy
and“ ¢ aoe . : a
(d) Any material or any debris that falls or is deposited on tidal lands. during the demolition of the’ *
structure must be removed at the completion of the works.
9. The development must not result in a change in water chemistry that will impact on ecological values
on or off site.
10. A report from a Registered Professional Engineer of Queensland must be submitted to the Department:
of Environment.and Resource Management within three (3) months of thé date of completion of the works, .
certifying that:- . ; +
is “
aed a
Page 30f9- Abosot09, “ Department of Environment and Resource Management +
6 st nee
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2007/1173
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2007/1173
ecoaccess Bo
environmental licences and permits
Notice
Change to an existing approval
(a) The works (including any other associated works) have been constructed in accordance with the
approved drawings and these conditions;
(b) -The works:-
(i) are structurally adequate for anticipated usage; and
{ii) comply with all relevant codes including DERM’s operational policy, Building and
engineering standards for tidal works and prescribed tidal works; and
{c) The bed and banks of the waterway for a distance of 15 metres around the site of the works are
clear of all debris.”
11. The chief executive administering the Coastal Protection and Management Act 1995 may order the
works to be removed or modified, within a reasonable time, if the works have or are likely to have a
woe oe oe 2 ap
significant effect on coastai management because the works: + oe
7
(a) create a navigation hazard-or other danger to the public; or
(b) cause erosion or tand degradation; or
(c) are unstable or have not been constructed according to the approved plans.
3. 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 land 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
Department of Environment and Resource Management. 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 are advised to check with all relevant statutory authorities for such approvals as
may be required.
4. Additional information for. Assessment Manager
The Department of Environment and Resource Management referral agency jurisdiction for the development
application is confined to that aspect of the application involving the triggers identified in the response.
DERM 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 Coasta!
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. : 7
Please note that it is a requirement under Section 3.5.15 of the Integrated Planning Act 1997 that a copy
of the final decision notice (which includes DERM's concurrence conditions) for this application issued by
the Council, be forwarded to each referral agency. Therefore, could please send a signed hardcopy
té DERM's EcoAccess Customer Service Unit, PO Box 15155 / EAST 4002 and an electronic copy
to [email protected] 4 of 9 - AD080109 Department of Environment and Resource Management
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2007/1173
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2007/1173
“You shoud seek independent advice ic confi irm.all your available avenues.
Shou you require ay further information please *Sontact Rod
+, ers
?
‘Garner, the roject manager, on.the a
at Phone: (07)! 5459. 6132. ?
2 ‘ “Department c Environinent and Resource Management: (Fax: “{07) 5443 9927:
a 7 -SEPT-2009 Y weet te ten bt
wy a at eg
ve :
’ 5 »
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2007/1173
ecoaccess e
environmental licences and permits
Notice
Change to an existing approval
APPEAL RIGHTS - Extract from the Integrated Planning Act 1997
Division 8—Appeals to court relating to development applications
4.1.27 Appeals by applicants
(1) An applicant for a development application may appeal to the court 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;
(c) the decision to give a preliminary approval when a development permit was applied for;
(d) the tength ofa currency period;
(e) adeémed refusal. -
{2) An appeal under subsection (1)(a) to (d) must be started within 20 business days (the “applicant's
appeal period”) after the day the decision notice or negotiated decision notice is given to the applicant.
{3), An appeal under-subsection (1})(e) may'be started at any time after thé last.day a décision on the matter
should have been made.
4.1.28 Appeals by submitters
(1) A submitter for a development application may appeal to the court only against -
(a) the part of the approval relating to the assessment manager's decision under section 3.5.14 or
3.5.14A; or
(b) for an application processed under section 6.1.28(2) — the part of the approval about the aspects of
the development that would have required public notification under the repeated Act.
(2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the
foliowing-
(a) the giving of a development approval;
(b) any provision of the approval including-
{i) a condition of, or lack of condition for, the approval; or
. - (ii) the length of a currency period for the approval.
(3) However, a submitter may not appeal if the submitter-
(a) withdraws the submission before the application is decided; or
(b) has given the assessment manager a notice under section 3.5.19(1)(b)(ii).
(4) The appeal must be started within 20 business days (the “submitter’s appeal period”) after the
decision notice or negotiated decision notice is given to the submitter.
4.1.29. Appeals by advice agency submitters
(1) Subsection (1A) applies if an advice agency, in its response for an application, told the assessment
manager to treat the response as a properly made submission.
(1A)The advice agency may, within the limits of its jurisdiction, appeal to the court about any part of the
approval relating to the assessment manager's decision under section 3.5.14 or 3.5.14A.
(3) The ppeal must be started within 20 business days after the day the decision notice or negotiated
notice is given to the advice agency as a submitter.
(4) However, if the advice agency has given the assessment manager a notice under.section 3.5.19(1)(b){(ii),
the advice agency may not appeai the decision.
4.1.30 Appeals for matters arising after approval given (co-respondents)
(1) For a development approval given for a development application, a person to whom any of the following
notices have been given may appeal to the court against the decision in the notice -
(a) anotice giving a decision on a request for an extension of the currency period for an approval;
(b) a notice giving a decision on a request to make a minor change to an approval.
(2) The appeal must be started within 20 business days after the day the notice of the decision is given to
. the person.
(3) Subsection (1)(a) does not apply if the approval resulted from a development application (superseded
Planning scheme) that was assessed as if it were an application made under a superseded planning
~“scheme. ** “~~ me ee mere
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(2): An ae ‘under* Subsection {1)(a) must bé’ ‘started within 20 business days at r the day nétice of. ine “ .
vecoaccess _ ee
seventies Beendes end pms ms
* a ‘| Notice
Tee : Change to ah in existing approval
Division 9 - Angeals to court about other matters, - ey ne cae woah
* 4.1.31: Appeals for matters arising after approval! given’ (no co-respondents) *
(1) A person to whom any of the following | ‘notices have been given may appeal to the court agains! the * +
decision in the notice - - " a orn
(a) anotice giving a decision ona request to change ‘ or r cancel a condition of a 2 development approval;
«(b) a notice under section 3.5. 33A(9)(b) 6 or 6.1:44 giving: ‘a decision to change or cance a condition of a
a development approval... . foe te ial 7 a
(2) The appeal must be started waitin 20 cases days afer day the notice of the decision is given t.
a the person. * ar . Got ie ET Es me pee
an “ a we toy ye tr SS S
4.1.32 Appeats against enforcement notices “et a
(4) A person who is given an enforcement notice may appeal to the court “Against the giving of the notice. * .
(2) The appeal ae be ‘Started ea 20 ‘business days ne the day notice is given: sto me) Person. Ona
41. 33 "stay operat 1 of enjorcement tice.
“a The lodging of a notice of appeal about an V enforcermefit notice stays the ‘operation’ “of the Sntorcement *
notice until - *
(a) the court, on the application of the entity i issuing the notice, decides otherwise; or
. -{b) the appeal is withdrawn; org
= (c)-the appeal is dismissed. . i Ask
(2) However; subsection (1) does | ‘not apply if the enfoféement notice is “about a
'
a‘. - (a) awork, if the enforcement notice states the entity believes ae work i isad Inger to petéoris or a risk
to public health; oO se ore oe 5 “ Gi
(b) ‘carrying out development that is the demolition of a work. . . a.
44.36 Appeals against decisions on compensation claims + bat
(1) A person who is dissatisfied with a decision under section 5.4.8 or 5.5.3 for the payment of .
compensation may appeal to the court against -
(a) the decision; or
(b) a deemed refusal of the claim.
(2) An appeal under subsection (1)(a) must be started with 20 business days after the day notice of the
decision is given to the person.
(3) An appeal under subsection (1)(b) may be started at any time after the last day a decision on p the, matter
Should have been made.
4.1.35 Appeals against decisions on requests to acquire pesionetee! land under hardship
(1) A person who is dissatisfied with a designator's decision to refuse a request made) by the person under
“section 2.6.19, may appeal to the court against - a . . ‘ .
* te (ay 7“ the’decision;: or . * re ae aaa
1 (b)2 ° . . adeemed'refusal of the request.
. decisions given, to the person: .
*(3) An appeal under subsection (1)(b) imay be started at any time nee the last’ on a decision on the matter .
should ‘have been made. ~ . aia wg
4.1.37 Appeals from tribunals oa
(1) A party to a proceeding decided by a tribunal may appeal to the couirt against ‘the tribunal's decision, ‘but -*
only on the ground - D
(a) of error or mistake in law on the part of the tribunal; or
(b) that the tribunal had no jurisdiction to make the decision or exceeded its jurisdiction in making the
decision. .
(2) An appeal against a tribunal's decision must be started within 20 business days after the day notice of
the tribunal’s decision is given to the party. .
4.1.38 Court may remit matter to tribunal
If an appeal includes a matter within the jurisdiction of a tribunal and the court is satisfied the matter should
be dealt with by a tribunal, the court must remit the matter to the tribunal for decision. a
’. oo qc .
Department of Environment and Resource Management
a .
. we
“ a 7 * . aye
ow 2 by “yt.
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ecoaccess ”
environmental licences and permits
Notice
Change to an existing approval
Division 10 -Making an appeal to court
4.1.39 How appeals to the court are started
(1) An appeal is started by lodging written notice of appeal with the registrar of the court.
(2) The notice of appeal must state the grounds of the appeal.
(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.
(4) However, the court may hear and decide an appeal even if the person has not complied with subsection
(3).
4.1.41 Notice of appeal to other parties (div 8)
(1) An appellant under division 8 must give written notice of the appeal to-
(a) if the appellant is an applicant-
(i) the chief executive; and
(it) the assessment manager; and
Gi) any concurrence agency; and
(iv) any principal submitter whose submission has not been withdrawn; and
. {v) “any advice agency treated as a submitter Whose. submission has not been withdrawn; or. ~
(b) if the appellant i is a submitter or an advice agency whose response to the development eee is
treated as a submission for an appeal- ~
(i) the chief executive; and
(ii): the assessment manager; and
(iii) any referral agency; and
(iv) the applicant; or
(c) if the appellant is a person to whom a notice mentioned in section 4.1.; 30 has been given-
(i) the chief executive; and
(ii) the deciding entity; and
(iii) any entity that was a concurrence agency or building referral agency for the development
application to which the notice relates.
(2) The notice must be given within-
(a) if paragraph (b) does not apply-10 business days after the appeal is started: or .
(b) ifthe appellant is a submitter or advice agency whose response to the development application is
treated as a submission for an appeal-2. business days after the appeal is started.
(3) The notice must state-
(a) the grounds of the appeal; and
(b) if the person given the notice is not the respondent or a co-respondent under section 4. 1. 43 -
(c) that the person may, within 10 business days after the day the notice is given, elect to become a co-
‘respondent to the appeal by filing in the court a notice of election in the approved form.
44 2 Notice of appeal to other parties (div 9)
(1) An appellant under division 9 must, within 10 business days after the day the appeal is started give
written notice of the appeal to -
(a) if the appellant is a person to whom a notice mentioned in section 4.1.317% has been given -
. the entity that gave the notice; or
(b) if the appellant is a person to whom an enforcement notice is given - the entity that gave the
notice and if the entity.is nat the local government, the local government; or
(c) if the appellant is a person dissatisfied with a decision about compensation - the local
government that decided the claim; or
(d) if the appellant is a person dissatisfied with a ee eon about acquiring designated land - the
designator; or
(e) if the appellant is a person who is disqualified as a private certifier - the entity disqualifying
the person and if the entity ‘disqualifying the person is not the ‘aceréditing body, the .
accrediting body; or
(f} if the appellant is a party to a proceeding oeed bya tribunal - the other party to the
proceeding.
(2) The notice must state the grounds of the appeal.
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, het eo. weer” oN oF ‘ as . a
“ecoaccess* eno
ee environments canes and ports . 4 Le 5
2) Ae . ey 5 * - * Notice
. Change to an existing approval
Lan : Tm ag a
1.43" Respondént and co-respondents for appeals under div8“ en Lo
oI “(1) Subsections (2) to (8) apply for appeals under section 4.1. 27 to 4.1:29.- ‘ oy, a A
~ ./ & .-(2)-cThe'assessment manager is the respondent for the appeal. ¢ Pe ae Pa
. (3) If the appeal is started by a:submitter, the applicant is a" ‘co-respiondent for the appeal el
" (4) Any submitter may elect to. become a co-respondent to the appeal. , !
‘ (5) If the appeal is about a Concurrence ‘agency posers ne eoneurrénce agency, isa co-respdideht for,
,°. «the appeal. . Ay ‘
+h (6) if the appeal is only about a Concurrence agericy response, te assessment manager may app ik the
che court to, withdraw from the appeal. hae ee
at ons
“to the appeal. a whore sR
* (8) Aperson to whom a ‘iaticg Stappeat i is -recnined 6 be given undé section 4.1.41 a snd who is aot
,fespondent or a’Go-respondent for the! appeal fay elect tobea °
y For an appeal urider : section 4 4.1.30" a
‘(a)i the assessiient manager is the. respond a t .
(b) any éntity’ ‘thiat was‘a conéurrence ‘agenty‘or a buitditig referral“agency for ie ‘development 7
application to which, a Notice Under section 3.6.3 relates may ‘elect to become a co-respondent. ™
‘provi ithe, espondent..
* (a) The. second entity THentioned | in the provision ‘may eléct to be a ee
4. 1.45 How an entity may elect to be a co-respondent
An entity that is entitled to elect to be a co-respondent to the appeal may do so, within 10 business ‘days
- after notice of the appeal is given to the entity, by following the rules of court for the election.
*
4.1.46 Minister entitled to be represented in an appeal involving a State interest
Ifthe Minister i is saber ied that an appeal Le a State interest, the Minister i is entitled to be represented in
the appeal. : if
ye unk
4.1.47 Lodging appeal stops certain actions . : 5 on >
(1) If an appeal (other than an appeal under section’4.1.30) is started under division 8, the development -
must not be started until the appeal is decided or withdrawn.
(2) Despite subsection (1), if the court is satisfied.the outcome of the appeal would not be affected if. the
y ‘development or part of the development is started before the’ appeal i is decided, the court may allow the:
evelopment « of a ofthe d /elopment to, Start before thi appeal is decided: . :
‘ Page 90f 9 .ADOB0109 | “Department of Environnient and Resource Management. *
ad ae
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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)
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(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 21 of 21
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