Decision Notice - Approved by Delegation of Authority OPW20 0237 · OPW20/0237

Officer: 	Diogo Carrico
Direct Telephone: 	07 53296465
Our Reference:	OPW20/0237
Your Reference:	17494
8 January 2021
Body Corp - The Commodore Cts 11505
C/- Superior Jetties
PO Box 202
LABRADOR QLD  4215
[email protected]
Dear Sir/Madam
Decision Notice
Planning Act 2016
I refer to your application and advise that on 7 January 2021, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW20/0237
Street address:	The Commodore 80 Noosa Pde Noosa Heads Qld 4567
Real property description:	BUP 3661
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Prescribed Tidal Works
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
17494-D01	A	Site Plan, Elevation and General Notes Prepared by Superior Jetties	13/10/2020
17494-D02		Pontoon Construction Details Prepared by Superior Jetties	18/08/2020
17494-D03		Gangway Construction Details Prepared by Superior Jetties	18/08/2020
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 9 January 2023, 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.
Jetties must have a level-walking surface of R.L 1.000 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 pontoon is constructed in accordance with best practice methods and is structurally sound must be submitted to Council prior to the return of any bond monies held by 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 work in a coastal management district.	The agency provided its response on 1 December 2020 (Reference No. 2010-19429 SER). 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.
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.

Yours faithfully

Diogo Carrico
Development Engineer

Enc:	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
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PLANS AND DOCUMENTS:
referred to in the REFERRAL
AGENCY RESPONSE

SARA ret! 2101812958,

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ee) NOOSA COUNCIL


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‘Queensland Treasury
urreterence: 2010-19429 SER
1 December 2020

‘Body Corporate for the Commodore
PO Box 202
LABRADOR OLD 4215

Dear SieMadam

Early referral response—with conditions
(Gwen under sscbon 57 ofthe Planning Act 2016)

“The State Assessment and Referral Agency (SARA) received your request fr an early referal response
on 26 October 2020 for the proposed development application described below.

Applicant details
“Applicant name: ‘Body Gorporate forthe Commodore
Applicant contact details: PO Box 202
LABRADOR OLD 4215
‘[email protected]
Location details
‘Steet adcress: ‘80 Noosa Parade, Noosa Heads
Real property description: OBUP3661
‘Local government area: Noosa Shire Counci
Application details
Development permit ‘Operational work ora pontoon for private use
Referral triggers
“This eaty referral response is given forthe folowing provisions ofthe Planning Regulation 2017:
+ torrasa ‘Tidal works or work ina coastal management district
+ 1017321 ‘Tidal works or work ina coastal management district
Conditions

Under section 56(1)(0)() ofthe Planning Act 2016 (te Act), the conditions set out in Attachment 1 must
be attached 1 any development approval

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‘Reasons for decision to impose conditions
‘The SARA must provide reasons forthe decision to impose conditions. These reasons are set outin
Altachment 2

‘Approved plans and specifications
‘The SARA requires tha! the plans and specications set out below and enclosed must be attached to any
evelopment approval

 

 

 

Drawing/report ttle Prepared by Reference no. | Versioniissue
Site plan ‘Superior 7494-001 | Revision: A
Pontoon plan “Superior “a August 20 | 17a9¢D02_|-

 

 

 

 

 

 

 

‘This response should be submitted in ts entirety when making the application tothe assessment
‘manager. Pursuant to section 54(4) of the Act, you wil not be required to refer your application tothe
‘SARA forthe referral triggers identified above i the following conditions ae satisfied:

“+ Any changes to the proposal before the application is made tothe assessment manager do not
‘esultin a substantial diferent development to that which was presented to the SARA with the
‘tequest for an early referral response

|+ The development application must be made tothe assessment manager within 12 months ofthe
‘ate of his ealy referral response.

For further information please contact Jonas Grifin Fodaro, Planning Officer, on 4924 2915 or via email
[email protected] au who will be pleased to assist.

Yours sincerely

‘Ste Asessmentae Refer Agen Page 2s

 


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‘Attachment 1—Condltons to be imposed

 

 

No. | Conditions:

 

 

Condition timing

 

‘Operational works ~ Tidal works in a coastal management district

 

“Tidal works oF workin a coastal management distict—The chef executve administering the Planning
‘Act 2016 nominates the Director-General of the Department of Transport and Main Roads to be the
enforcement authority forthe development to which this development approval relate for the
‘administration and enforcement of any matter relating to the folowing condition(s):

 

1 | The development must be carried out generally in accordance with

the following plan:

‘+ Site plan prepared by Superior dated 18 August 2020,
reference 17494-D01, Revision A

‘+ Pontoon plan prepared by Superior dated 18 August 2020,
teference 17494-D02.

Atalltimes:

 

“The structure must be itmarked in accordance with the folowing
pecticaions, such that it does not cause a risk to the safe
‘navigation of other ships:
1+ section 3 of AS4282-1997 Control ofthe obtrusive effects of
outdoor ightng.

Atalltimes:

 

‘The construction, operation or maintenance ofthe structure, and any
‘hip berthed, moored or atached tothe structure, must not:

(a) encroach into, pass over or under a navigation corridor or
() be located in a high rsk martime zone.

Atalltimes:

 

“4. _| Any debris or similar obstruction generated whist undertaking the
work must be removed from the waterway and suitably disposed of
atthe applicant's expense.

‘wie works ace
‘occuring

 

5. _ | Alpes andior structures tobe demolished, both above and below
the waterine must be completely exracted/removed.

Pir to the completion
of the works

 

 

Tidal works oF workin a coastal management distict—The chef executve administering the Planning
‘Act 2016 nominates the Director-General ofthe Department of Environment and Science Coastal
‘Assessment tobe the enforcement authority forthe development o which his

Felates for the administration and enforcement of any mater relating to the folowing condition(s)

development approval

 

© | The construction ofthe pontoon must be undertaken generally in

‘accordance with the folowing pan

‘+ Site plan prepared by Superior dated 18 August 2020,
reference 17494-D01, Revision A

‘+ Pontoon plan prepared by Superior dated 18 August 2020,
teference 17494-D02.

 

For the duration of
‘works and to be
mantaines

 

 

 

 

‘Ste Asessmentae Refer Agen

Pages

 

 


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7.__] The works to which this approval relates are to be fora private ‘Aral imes:
purpose only.

| Any operator and contacter involved in the works to which tis | During constuction
approval relates must

(a) be provided a copy of these referral agency conditions:
(©) instal all measures, plant and equipment necessary to
‘ensure compliance withthe conditions of his approval;
(6) maintain such measures, plant and equipment in a proper
{and efficient condition; and

(2) operate such measures, plant and equipmentin a proper
and efficient manner.

| For the operational works only use materials which are fee fom | During construction
contaminants a¢ defined under section 11 of the Envienmental
Protection Act 1994,

0 | should the pontoon colapse, fal or otherwise suffer structural ‘As soon as reasonably
Consequences which impact their integrity or abilty to function as | practicable subsequent
Intended, the works must be: tothe damage
(2) reinstated in accordance with his development approval of
(©) removed and disposed of at an appropriately licensed facil.

© | supmit“As Constructed rawings" to [email protected] or mail| Within two (2) weeks of
te the completion ofthe

works

 

Department of Environment and Science
Permit and License Management
Implementation and Support Unit
GPO Box 2454

Brisbane Olt 4001

 

 

 

‘Ste Asessmentae Refer Agen

Pages


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‘Attachment 2—Reasons for decision to impose conditions
‘Reasons for the SARA's decision
“The reasons forthe decision are:

“The development isa private use pontoon

“The development meets fastrackS requirements and has provided owners consent.
“The works are to be cased out in accordance wit the approved plan,

“The proposed pontoon does nat impede navigation.

Material used in the assessment ofthe early referral sponse:
Development application material

‘SDAP, version 26

Planning Act 2018

tanning Regulation 2017

‘Ste Aes ae Refer Agen

 

Page sets

 

 


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eensiand
ovemment

‘Queensland Treasury

‘State Assessment and Referral Agency (SARA)
‘Statement of reasons for application 2010-19429 SER
{Given under secon $6 of he Planning Act 2016)

 

 

 

‘SARA role: Referral agency
Applicant details
‘Applicant name: Body Corporate for the Commodore
‘Applicant contact details: POBox 202
Labrador QLD 4215,
‘[email protected]
Location details
‘Steet address: "80 Noosa Parade, Noosa Heads
Real property description: OBUP661
Local government area: Noosa Shire Counc
Development detalls
Development permit ‘Operational work ora pontoon for private use
‘Assessment matters
‘Aspect of development ‘State Development Assessment Provisions (SDAP)
requiring code assessment | applicable codes
1 Operational work ‘Sate Code 8: Coastal development and tidal works
2. Operational work ‘Slate Code 7: Martie safety

 

 

 

 

‘Reasons for the department's decision

‘The reasons for the decision are:

‘+The development is a private use pontoon in the coastal management distict
“The development meets fastrackS requirements and has provided owners consent.

“The works are to be cased out in accordance wit the approved plan,

“The proposed pontoon does nat impede navigation.

Material used in the assessment ofthe eaty referral sponse:
Development application material

‘SDAP, version 26

Planning Act 2016

tanning Regulation 2017

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