Decision Notice - Approved by Delegation of Authority MCU22 0027

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	MCU22/0027& OPW22/0054
Your Reference:	NA
20 May 2022
RJ Delaney & ML Delaney
C/- The Jetty Specialist
18 Ron Parkinson Cres
CORBOULD PARK    QLD   4551

[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 19 May 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0027 & OPW22/0054
Street address:	43 Witta Cir Noosa Heads Qld 4567
Real property description:	Lot 110 N 21845
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Landing
Development Permit for Operational Works – Jetty.
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.

assessment manager conditions
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.

Plan No.	Rev.	Plan/Document Name	Date
JSP-SJ-35550	B	Site Plan, Layout Plan & Water Allocation prepared by EDGE Consulting Engineers	19 November 2021
JSP-SJ-35551	B	Elevation prepared by EDGE Consulting Engineers	19 November 2021
JSP-SJ-35552	A	Jetty Details prepared by EDGE Consulting Engineers	5 November 2021
JSP-SD-045	E	Concrete Insitu Pile Construction 315 & 400 Diameter Reinforced prepared by EDGE Consulting Engineers	9 September 2020
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 19 May 2024, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the commencement of the works. The cash bond or trading bank guarantee will be returned on performance of the conditions of this approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
General Conditions
The maximum number of vessels that may be berthed, moored, attached or stored on the structure(s) must not exceed 2.
The use of the jetty must not cause any adverse effects on the amenity of the surrounding area including changes to light, views, air quality and noise.
Vessels berthed/moored at the jetty must be located a minimum of 1.0m from the prolongation of the property boundary of 41 Witta Cr (Lot 10 N21846) and 45 Witta Cr, (Lot 11 N12845).
Vessels must be connected directly to the jetty, and not located side by side or in tandem with another vessel.
All structures must be designed and constructed such that they are free standing within the waterway and are not connected to or behind the revetment wall
All structures must have no detrimental effects on stormwater drains and/or easements.
Jetties must have a level-walking surface of R.L 1.200 A.H.D or be level with the top of the revetment wall.
A rigid handrail must be fitted on one side of the walkway.
No posts or vertical supports of the proposed jetty are to extend vertically from the structure unless they provide necessary support for the handrail.
No boatlifting devices are to be attached or moored at the jetty structure for the purpose of elevating a vessel above the water without Council approval.
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall unless all switches and power outlets are positioned above the 1%AEP flood level.
Lighting associated with the use must be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
The jetty is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities are not permitted on site.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
Certification by a Registered Professional Engineer of Queensland that states that the jetty is constructed in accordance with best practice methods and is structurally sound must be submitted to Council. This certification must be submitted to Council within three (3) months of the completion of the works. A final inspection and approval of the structure by Council’s Inspector is also required. Please contact Council’s Development Assessment Branch on 5329 6500 to arrange the inspection.
This approval lapses where the construction of the jetty has not commenced within two (2) years of the date of issue of the approval, unless application is made and approved by Council for an extension.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Planning Regulation 2017 Schedule 10, Part 17 – Tidal Works or Works in a Coastal Management District	The agency provided its response on 24 March 2022 (Reference No. 2203-27765 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
The approval or conditions do not absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statues and/or statutory regulations in the execution and/or performance of said works.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Mark Lewis
Coordinator - Engineering

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc.	[email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 4

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ee) NOOSA COUNCIL


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Queensland
Sonernment

SARA reference: 2202-27765 SRA
(Council eference:  MCU22I0027 & OFW22/0054
‘Applicant reference: 04607

24 Mareh 2022
Chief Executive Officer
‘Noosa Shire Council
POBox 141

“Tewantin Qld 4565
‘[email protected]

Attention: Mark Lewis

Dear Mr Lewis
SARA response — 43 Witta Circle, Noosa Heads
(Referral agency response given under section 58 ofthe Planning Act 2016)

“The development application described below was confirmed as property referred by the State
Assessment and Referral Agency (SARA) on 18 March 2022.

 

 

Response

‘Oateome: FReferal agency response — wih conditions

Date of responce: 24 March 2022

Conciions “The condtions in Attachment 1 must be attached to any
development approval

Advice: ‘Advice to the applicants in Attachment 2

Reasons: “The reasons forthe referral agency response are in Attachment 3.

Development details

Description: Development permit Operational work (prescribed tidal works -

pontoon)
‘SARA ole: Referal Agency
‘SARA tigger: ‘+ Sehedule 10, Part 7, Division 3, Table 1 Planning Regulation

2017) Tidal works or workin a coastal management cistrct
‘+ Schedule 10, Part 7, Division 3, Table 2 (Planning Regulation
2017) ~ Tidal works or workin a coastal management cistrct

SouthEast ueenstand (Nar) regional
orc
Ite Anam Bulking. Level. 12 First
‘Avenue, Mavochyeore

Page tf PO Bor 1129, Marcochyre QLD 4828


[Attachment: image4.png (image text)]
‘220827788 SRA

‘SARA reference: 2203-27785 SRA
‘Asgesement Manager: Noosa Shire Counc
‘Street address: 43 Wita Cire, Noosa Heads
Real property description: Lot 110 on N21845
Applicant name: Richard & Mary Delaney

Cl The Jetty Specialist
‘Applicant contact details: 18 Ron Parkinson Cres

Corbould Park QLD 4551

[email protected]
Representations

 

“Bn applicant may make representations fo a concurrence agency, at any tme betore the application =
decided, about changing @ matter in the referral agency response (s.30 Development Assessment Rules)

Copies ofthe relevant provisions are in Attachment 4.
‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Jarrod Clarke, Planning Officer, on (07) 3452 7649 or via email
‘[email protected] who will be pleased to assist

‘Yours sincerely

Ye

Paul Gleeson
Principal Planning Officer

co Richard & Mary Delaney, [email protected]

lene Attachment 1 - Rafer ageney conditions
‘stachmant 2-Advies tothe ppcant
‘Astachmant 3- Reasons for efaral agency response:
‘tachment 4 - Representations provisions
‘tachment 5 - Approved plans and specifestions

‘State Aasessmant an Refer Agnoy Page 20t8


[Attachment: image5.png (image text)]
Atta:

 

chment 1—Referral agency conditions

2202-27765 SRA

 

‘Under section €6(1b)i) of the Planning Act 2076 the folowing conditions must ba tached to any development
‘approval eating to this application) (Copies of he plans and specications referenced below are found at
‘tachment §)

 

Conditions

Condition timing

 

Development permit for operational work

 

‘Sohedk

jule 10, Part 17, Division 3, Table 1, Item 1 — Tidal works or work within a coastal management

istrict —The chief executive administering the Planning Act 2016 nominates the Director-General of
the Department of Environment and Science to be the enforcement authority for the development to

which
tothe

this development approval relates forthe administraton and enforcement.
folowing conditions:

of any mater relating

 

1

“The development must be carried out generally in accordance with
the folowing pian:
+ Site Pian, Layout Plan & Water Allocation prepared by The
Jetty Specialist, dated 05/11/2021, reference JSP-SJ-25550
revision B.

For the duration of
‘works and to be
maintained

 

“The works fo which this approval relates are to be fora private purpose
only.

‘Avalltimes,

 

"Any operator and contractor involved inthe works to which this
approval relates must:
(@) be provided a copy ofthese referral agency conditions;
(©) install all measures, plant and equipment necessary to ensure
‘compliance with the conditions of tis approval;
(©) maintain such measures, plant and equipment in a proper and
efficient condition; and
(@) operate such measures, plant and equipment in a proper and
efficient manner.

During construction

 

For the prescribed tidal works only use materials which are free from
contaminants as defined under section 11 of the Environmental
Protection Act1994.

During construction

 

‘Should the works become damaged as a result of erosion, flooding or
stom tide inundation, the registered landowners) ofthe subject land
shall be responsible for the removal ofall debris at their own expense.

‘Avalltimes,

 

‘Sone

jule 10, Part 17, Division 3, Table 2, Item 1 — Tidal works or work within a coastal management

istrict —The chief executive administering the Planning Act 2016 nominates the Director-General of
the Department of Transport and Main Roads to be the enforcement authority for the development to

which
tothe

this development approval relates forthe administraton and enforcement.
folowing conditions:

of any matter relating

 

 

é

“The development must be carried out generally in accordance with
the following pian:
+ Site Pian, Layout Plan & Water Allocation prepared by The
Jetty Specialist, dated 05/11/2021, reference JSP-SJ-25550
revision B.

 

‘Avalltimes,

 

 

‘State Aasessmant an Refer Agnoy

Pages of

 


[Attachment: image6.png (image text)]
2202-27765 SRA

 

 

“The structure must be Itimarked in accordance with the following
specification, such that it does not cause a risk tothe safe
navigation of other ships:
© Section 3 of AS4282-1997 Control of the obtrusive effects of
(outdoor lighting.

‘Avalltimes,

 

“The construction, operation or maintenance of the structure, and

any ship berthed, moored or attached to the structure, must not
(a) encroach into, pass over or under a navigation corridor oF
(b) be located in a high risk maritime zone.

‘Avalltimes,

 

‘Any debris or similar obstruction generated whilst undertaking the
‘work must be removed from the waterway and suitably disposed of
at the applicant's expense,

‘While works are
‘occurring.

 

10.

 

‘Al piles andlor structure to be demolished both above and below
‘the waterline must be completely extractediremoved,

 

Prior tothe completion
‘of the works.

 

‘State Aasessmant an Refer Agnoy

Pages of

 


[Attachment: image7.png (image text)]
2202-27765 SRA

Attachment 2—Advice to the applicant

 

 

General advice

 

 

1.__] Terms and phrases used in this document are defined in the Planning Act 2076 its regulation or
the State Development Assessment Provisions (SDAP) [v3.0] If 2 word remains undefined it
has its ordinary meaning

 

 

 

‘State Aasessmant an Refer Agnoy Paged of


[Attachment: image8.png (image text)]
220227705 SRA

Attachment 3—Reasons for referral agency response
(Given under secon 257) ofthe Panning Act 2076)

 

‘The reasons for the department's decision are:

‘+ The application is for a development permit for operational work to allow for the installation of a
private jetty adjacent to 43 Witta Circle, Noosa Heads, which adjoins a section ofthe Lake Weyba /
Noosa River Estuary,

“The site is mapped 2s being in the coastal management district and within an erosion prone area.
“The proposed structure, including any vessel berthed, moored or attached to the structure:
(© will nt encroach into, pass over or under a navigation corridor, and
(© isnotlocated in a high risk maritime development zone,
“The proposed structure meets the FastTrackS qualifying criteria checklist 4
“The site is also mapped as being in within a developed tidal waterway area.
“The proposed development has been designed to ensure the structure:
(© maintains coastal processes; and
(© minimises the impacts of coastal erosion.
‘+ The proposed structure meets the FastTrackS qualifying criteria checklist 5.

‘Material used in the assessment of the application:

“The development application material and submitted plans
Planning Act 2016

Planning Regulation 2017

“The State Develoment Assessment Provisions (version [3.0)), 3s published by the department
“The Development Assessment Rules

‘SARA DA Mapping system

‘State Planning Policy mapping system

‘State Aasessmant an Refer Agnoy Page of