Delegated Report - Code - Planning OPW20 0148

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW20/0148
Applicant	Johannes Heerings
Proposal	Operational Works – Boat Lifting Device
Properly Made Date	7 September 2020
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	11 November 2020
Report Completed Date	2 October 2020
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	20 Mermaid Qy Noosaville Qld 4566
RP Description	Lot 298 RP 856170
Land Area	750 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Low Density Residential
Overlays	Acid Sulphates; Flood (Partial)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Boat Lifting Device.
The proposal plan is included below.

site details
Background
Applicant seeks to move his boat lifting device from his old property (17 Seamount Quay) to the recently purchased subject property.
The proposed plan does not comply AO21.1(a) of the Waterways Works Code as the boat lifting device extends beyond the end of the approved jetty. But the approved jetty is shorter than both neighbours’ and the extension (1-1.5m scaled from the plan) does not create unacceptable risks to personal and public safety.
Site Description

Surrounding Land Uses

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Waterways Works Code.
cONSULTATION
Referral Agencies
Not Applicable.
Other Referrals
Not Applicable.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No OPW20/0148 for Operational Works – Boat Lifting Device situated at 20 Mermaid Qy Noosaville Qld 4566 and described as Lot 298 RP 856170, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW20/0148
Street address:	20 Mermaid Qy Noosaville Qld 4566
Real property description:	Lot 298 RP 856170
Planning Scheme:	Noosa Plan 2020 (31 July 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Boat Lifting Device
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
.	.	Site Plan (Hand Sketch)	Received 07/09/2020
GAP-D01	.	Timber Jetty and Drive On Pontoon General Arrangement Plan	03/05/17
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 7 October 2022, unless an application to extend the currency period is approved by Council.
General Conditions
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.
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 boat lifting device 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 boatlift has been installed in accordance with the manufacturer’s recommendations 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 6245 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
Not applicable.
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
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.
COVID-19
This development approval has been issued during the COVID-19 applicable event declared under 275F of the Planning Act 2016.
The period for undertaking the approved development may be subject to a further extension of 6 months under section 275R of the Planning 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 on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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