Council archive · source document
Decision Notice - 010.2008.00000892.001 [As Published] · 142008.892
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/892
Your Reference:
8 September 2008
Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566
Dear Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 4 September 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/892
Street address: 45 The Peninsula, Noosaville
Real property description: Lot 280 RP 856192
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 &
Boat Lifting Device
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:
Plan / Rev. Plan / Document Name Date
Document No.
08/85-1 A Elevation 1, Framing Layout, Elevation May 2008
2 & Site Plan – John Norden &
Associates
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2008/892
08/85-2 Section A, Detail 1, Detail 2 & Detail 3 – May 2008
John Norden & Associates
08/85-3 Elevation, Framing Elevation, Framing May 2008
Layout & Section X - X – John Norden
& Associates
and may be amended by these conditions.
2. Structures should be designed and constructed such that they are free standing within the
waterway and are not connected to or behind the revetment wall.
3. Jetties should have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
revetment wall.
4. A rigid handrail shall be fitted on one side of the walkway.
5. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide support for the handrail.
6. The boat lifting devices are to be located in conjunction with the approved jetty and shall not
extend beyond the end of the approved jetty and with an overall width no greater than 4.0m.
7. The boat lifting devices are to be fixed to the approved jetty as such they form part of the
structure and generally perpendicular to the revetment wall.
8. There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
the revetment wall.
9. Lighting associated with the use shall be designed, installed, operated, and maintained in
accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
10. Rock scour protection, wrapped in geotextile, extends 750mm from the face of the revetment
wall in this locality. Piles are to be located clear of this rock protection.
11. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
12. Boat repair activities will not be permitted on site.
13. Wastewater and sullage shall only be disposed of at approved pumpout facilities.
14. The mooring facility shall not be utilised for live-aboard purposes.
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 arrangement to ensure adequacy of design and work. Also any approval
granted does not warrant that such plans and specifications have been checked in detail, nor
does it absolve the owner of the land from complying with all the conditions of this approval
and/or relevant Council By-Laws and Policies and/or relevant statues and/or statutory
regulations in the execution and/or performance of said works. The Council does not accept
any responsibility for the accuracy of such plans
17. Certification by a Registered Professional Engineer of Queensland that states that the jetty
and boat lift are constructed in accordance with best practice methods and are structurally
sound shall be submitted to Council prior to the return of any bond monies held by Council. A
final inspection and approval of the structures by Council’s Inspector is also required prior to
the return of any bond monies held by Council. Please contact Council’s Land Development
Section to arrange the inspection.
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2008/892
18. The jetty shall be licensed with the Council upon completion of the structural work and shall be
licensed annually thereafter.
19. The Development Permit for operational works lapses if the works are not completed by 4
September 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
Nil
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
08/85-1 A Elevation 1, Framing Layout, Elevation May 2008
2 & Site Plan – John Norden &
Associates
08/85-2 Section A, Detail 1, Detail 2 & Detail 3 – May 2008
John Norden & Associates
08/85-3 Elevation, Framing Elevation, Framing May 2008
Layout & Section X - X – John Norden
& Associates
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 the
commencement of any works over the site.
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2008/892
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
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 are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
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2008/892
Yours faithfully,
Denis Wallace
PLANNING OFFICER
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2008/892
Yours faithfully,
Denis Wallace
PLANNING OFFICER
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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
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
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
(2) An appeal under subsection (1)(a) to (d) the application as a submission for an appeal.
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
4.1.28.(1) A submitter for a development the following notices have been given may appeal
application may appeal to the court about- to the court against the decision in the notice-
(a) the giving of a development approval, including (a) a notice giving a decision on a request for
any conditions (or lack of conditions) or other extension of the currency period for an
provisions of the approval; or approval;
(b) the length of a currency period for the 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 (the “submitters appeal period”) (2) The appeal must be started within 20
after the day the decision notice or negotiated business days after the day the notice of the
decision notice is given to the submitter. decision is given to the person.
(3) If a person withdraws a submission before (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not approval resulted from a development
appeal the decision. application (superseded planning scheme)
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
application involving impact assessment. (4) Also, a person who has made a request
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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2008/892
(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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