CAR Letter 4403pdf · OPW13/0614

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 Development Permit for Operational Works – Prescribed Tidal Works - Sandbag
 revetment wall

 Referral triggers
 The development application was referred to the department under the following
 provisions of the Sustainable Planning Regulation 2009:
 Referral trigger         Schedule 7, Table 2, Item 13 – Tidal works, or development
                          completely or partly within a coastal management district.
                                     Schedule 7, Table 2, Item 15 and 15A – Tidal works, or
                                     development completely or partly within a coastal management
                                     district.

Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the department requires that
the conditions set out in Attachment 1 attach to any development approval.

Reasons for decision to impose conditions
Under section 289(1) of the Sustainable Planning Act 2009, the department is required
to set out the reasons for the decision to impose conditions. These reasons are set out in
Attachment 2.

Further advice
Under section 287(6) of the Sustainable Planning Act 2009, the department offers advice
about the application to the assessment manager—see Attachment 3.

A copy of this response has been sent to the applicant for their information.

If you require any further information, please contact Tracey Smith, A/Senior Planning
Officer, on
3882 8409 who will be pleased to assist.

Yours sincerely




Sarah Doring
A/Manager (Planning)

cc: Projex Partners Pty Ltd,
        enc: Attachment 1—Conditions to be imposed
                Attachment 2—Reasons for decision to impose conditions
                Attachment 3—Further advice




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Our reference: SDA-0913-004403
Your reference: OPW13/0614
 Attachment 1—Conditions to be imposed
 No.         Conditions                                                            Condition timing
    1.       The sandbag revetment works must be removed or modified               Continuous
             if the works have or are likely to have a significant effect on
             coastal management because the works:
                    #       Cause or increase localised erosion, particularly at
                            the terminal ends of the revetment
                    #       Are structurally unstable
                    #       Disturb coastal processes
                    #       Increases the coastal hazard risk or scouring to
                            adjacent areas or properties.
    2.       Should the sandbag revetment works result in significant              Continuous
             adverse impacts to coastal management or adjoining properties,
             Sunshine Coast Regional Council, or its successor, is
             responsible for any rectification works and where necessary, the
             removal of the works causing the impacts.




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Our reference: SDA-0913-004403
Your reference: OPW13/0614
 Attachment 2—Reasons for decision to impose conditions
The reasons for this decision are:
   #      To ensure compliance with the relevant module of the State Development
          Assessment Provisions.
   #      Revetments only prevent further erosion of the land directly protected by the
          structure.
   #      Revetments halt landward migration of the shoreline, however they can
          adversely impact the adjoining land and foreshore.
   #      Revetment do not provide a coastal management benefit to adjoining areas, or
          address the primary cause of erosion.
   #      The sandbag revetment wall is considered a temporary structure constructed in
          an emergency situation under s585 of the Sustainable Planning Act 2009.

Findings on material questions of fact
   #      Works were required to address the prior public safety issues at the site.
   #      No information has been provided that demonstrates the revetment structure
          will not adversely impact the stability of the bed and banks of the waterway or
          adjoining coastal properties.
   #      No plans or information have been provided showing the exact location of the
          tidal works structure on Lot 131 SP143417.
   #      No plans or information have been provided to demonstrate the tidal works
          structure meet the minimum engineering or appropriate Australian standards for
          a revetment structure.
   #      The applicant identifies that the sandbags are intended to be a temporary
          installation to maintain safety on the site and that work will be undertaken in a
          timely manner to implement a more permanent engineered solution.

Evidence or other material on which the findings were based
   #     Development application material
   #     Sustainable Planning Act 2009
   #     Sustainable Planning Regulation 2009
   #     State Development Assessment Provisions
   #     Response to information request from applicant, dated 15 October 2013
   #     Coastal Protection and Management Regulation 2003




 Department of State Development, Infrastructure and Planning                  Page2

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                                                                SDA-0913-004403




Our reference: SDA-0913-004403
Your reference: OPW13/0614




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Attachment 3—Further advice
General advice
 1. Ensure that the Prescribed tidal work is designed and constructed in a way to ensure
     it is structurally sound. (Specific outcome 12.1 of Schedule 4A Coastal Protection and
     Management Regulation 2003)
 2. Ensure that the prescribed tidal work is designed and constructed in a way to ensure it
     does not adversely affect the stability of the bed and banks of any tidal water. (Specific
     outcome 12.3 of Schedule 4A Coastal Protection and Management Regulation 2003)
 3. Ensure that the Prescribed tidal work is designed and constructed using materials having a
     long life in marine environments. (Specific outcome 12.4 of Schedule 4A Coastal Protection
     and Management Regulation 2003)
 4. Ensure that the Prescribed tidal work that is a retaining wall, revetment or seawall, is
     designed and constructed in a way to ensure it can withstand – (a) any tendency of
     overturning or sliding; and (b) any other effects of waves or changes in water levels on
     the retaining wall, revetment or seawall. (Specific outcome 19.2 of Schedule 4A Coastal
     Protection and Management Regulation 2003)
 5. Ensure that the Prescribed tidal work that is a retaining wall, revetment or seawall not
     founded upon rock, is designed and constructed to protect the seaward side of retaining
     wall, revetment or seawall from erosion. (Specific outcome 19.3 of Schedule 4A Coastal
     Protection and Management Regulation 2003)




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