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SUPERSEDED Negotiated Decision Notice - Concurrence Agency - EPA [As Published] · 142007.1173
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2007/1173
Your Reference: BNE21026
22 January 2009
Environmental Protection Agency
PO Box 15155
CITY EAST QLD 4002
Dear Sir
Negotiated Decision Notice
Integrated Planning Act 1997
Your Department was a referral agency for the above application and provided a response to Council
in a letter dated 29 September 2008. Following representations made by the applicant, Council on 22
January 2009 agreed to issue a Negotiated Decision Notice.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2007/1173
Street address: 172 Gympie Terrace, Noosaville
Real property Lot 164 CP 907410
description:
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 1 December 2008 decided to issue the following type of approval:-
Development Permit for Operational Works - Prescribed Tidal Works - Refurbishment of
Commercial Boathouse and Jetty/Pontoon
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 for the following reason:
The condition is required to address safety and infrastructure concerns raised under the
Prescribed Tidal Works Code
C. Include two additional advice conditions
D. Issue a Negotiated Decision Notice
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
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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.
4616-D01 B Site Plan & General Arrangement – 3 September 2008
Superior Jetties
4616-D03 Elevation & General Notes – Superior 17 April 2008
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 – Adrian Baker Computer 13 August 2008
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.
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:
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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.
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.
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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 Assessment
Manager conditions.
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:-
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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.
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
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit Subject of the required Development Permit
required
Nil
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
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14 RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application. Refer Section
4.1.27. 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.
DECISION NOTICE HISTORY
Original Decision Notice issued 1 December
2008.
Negotiated Decision Notice issued 22 January
2009 with deletion of Conditions 3, 4, 5, 7 & 9
and inclusion of two additional advice
conditions.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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Referral Agency Conditions -
Queensland Transport (Maritime
Safety)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2007/1173 8 of 13 [OCR of page images] 2007/1173 6. You must adequate! y light the structuro. The contractor must position all lighting so it does not omise a righ to the 6 tf navigation of other vessels, Any freestanding piles must have reiro- refleative tape fitter. 7, You, or your agent must remove ary obstructions and debris encountered during construction and demolition, ani dispase of them, as the Harbour Master requires. 3, You, or your agen , must extract all wharf piles. 9. The tidal works 7 ust not impade or restrict the operations of neighbouring properties, joases or facilities. 10, Any ships and eq aipment you or your agent Use tnust comply with the Transport Operations (Morine Safety) viet 1994, the Transport Operations (Marine Safety) Regulation 2004 aud the Transport Operations (Marine Pollution) Act 1995. il. Any ships using this fanility must comply with the Transport Operations (Marine Safety) Act 1994 and the Tr misport Oparations (Marine Safety) Regulation 2004, 12. The contractor roust complete construction and demotition within two years from the date of approval. If ¢o. istruction and demolition js not comploted, you will need additional or amended cormnents from the Regional Harbour Master. Maritine Safety Qu sonsland does not need to be further consulted if alk of the above conditions are met. Tho above conditicns must be included in your application to the assessment mavager, since! — W : a tain Richard 1 Johason ional Haxbo ar Master (Brisbane) Mar rio Safety Queer Mand 8 of 13
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Referral Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2007/1173 10 of 13 [OCR of page images] 2007/1173 ecoaccess environmental kcences and permis Response Concurrence Agency Response Conditions: Agency Interest: Coastal Protection and Management Act 1995 1 The works must be undertaken tn accordance with the plans listed below 2 The disturbance to the bed and banks of the waterway ts to be kept to a mintmum 3 Any material or debris that falls or ts deposited on tidal lands during the works must be removed at the applicant's cost and expense prior to the practical completion of the works 4 No CCA treated timber is to be used until external surfaces are dry from the CCA treatment process All treated timber is to be sawn or drilled over a catchment sheet and all offcuts are be disposed of to an approved landfill site 5 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 stormwater system Plans: Drawing Numbers 4616-D01 Revision B, prepared by Superior Jetties dated 3 September 2008 4616-D02 prepared by Superior Jettres dated 17 April 2008 4616-D03 prepared by Superior Jetties dated 17 April 2008 4616-D04 prepared by Superior Jetties dated 1 July 2008 4616-D05 prepared by Superior Jetties dated 1 July 2008 4616-D06 prepared by Superior Jetties dated 1 July 2008 Certification Form 15 — SCG Consulting Engineers dated 16 September 2008 18259-S1 prepared by SCG Consulting Engineers dated AUG 2008 18259-S2 prepared by SCG Consulting Engineers dated AUG 2008 0808S Sheet 1 of 7 prepared by Adrian Baker dated 13 August 2008 0808S Sheet 2 of 7 prepared by Adrian Baker dated 13 August 2008 0808S Sheet 3 of 7 prepared by Adrian Baker dated 13 August 2008 0808S Sheet 4 of 7 prepared by Adrian Baker dated 13 August 2008 0808S Sheet 5 of 7 prepared by Adrian Baker dated 13 August 2008 0808S Sheet 6 of 7 prepared by Adrian Baker dated 13 August 2008 0808S Sheet 7 of 7 prepared by Adrian Baker dated 13 August 2008 Reasons for the inclusion of development conditions In accordance with Section 3 3 18(7) 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 ts recognised as a concurrence agency under the Integrated Planning Amendment Regulation (No 1) 1998 for coastal management, other than amenity and aesthetic significance or value Development conditions placed on the development approval for the application are in accordance with section 106 of the Coastal Protection and Management Act 1995 Page 2 of 3 + 09/03 Version 11 Environmental Protection Agency 10 of 13
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2007/1173 11 of 13 [OCR of page images] 2007/1173 ecoaccess environmental bcences and permits Response Concurrence Agency Response Additional information for applicants This response does not authorise environmental harm unless a concurrence agency condition within this response explicitly authorises that harm Where there ts no condition, or the development approval is silent on a matter, the lack of a condition or silence shall not be construed as authorising harm 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) ts being carned 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 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 are advised to check with all relevant statutory authorities for such approvals as may be required Additional information for the Assessment Manager: The Environmental Protection Agency referral agency jurisdiction for the development application ts 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 Should you have any queries in relation to this Response, please contact lan Biggs, the Project Manager, on the telephone listed below Yours sincerely Be) ae ‘Signature Decision Date Ben Sale Enquiries: Manager (Sunshine Coast Office) Environmental Services Brisbane North Region Environmental Protection Agency Environmental Services GPO Box 2771 Brisbane Qld 4001 Environmental Protection Agency Telephone 3225 1209 Facsimile 3225 8723 Page 3 of 3 + 09/03 Version 11 Environmental Protection Agency 11 of 13
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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 may 4.1.29.(1) An advice agency may, within the limits of its
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 any assessment; and
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
(e) a deemed refusal. decision notice is given to the advice agency as a
submitter.
(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated (co-respondents)
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be started at development application, a person to whom any of the
any time after the last day a decision on the matter should following notices have been given may appeal to the
have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for extension
4.1.28.(1) A submitter for a development application may of the relevant period for an approval;
appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including any minor change to an approval.
conditions (or lack of conditions) or other provisions (2) The appeal must be started within 20 business
of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the resulted from a development application (superseded
decision notice or negotiated decision notice is given to planning scheme) that was assessed as if it were an
the submitter. application under a superseded planning scheme.
(3) If a person withdraws a submission before the (4) Also, a person who has made a request
application is decided, the person may not appeal the mentioned in subsection (1) may appeal to the court
decision. against a deemed refusal of the request.
(4) If an application involves both impact assessment (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are any time after the last day the decision on the matter
available only for the part of the application involving should have been made.
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
would have required public notification under the 4.1.31.(1) A person to whom any of the following notices
repealed Act. have been given may appeal to the court against the
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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2007/1173
(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
charges schedule or regulated State infrastructure
Division 3 – Appeals to tribunals relating to
charges schedule.
development applications
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)
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