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Delegated Report - Code - Planning MCU25 0034 · MCU25/0034
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Coordinator Engineering, Mark Lewis
Development Assessment
APPLICATION DETAILS
Application No. MCU25/0034 OPW25/0048
Applicant Paul David Birss & Debbie Birss
Proposal Material Change of Use - Landing – Residential and
Operational Works - Jetty
Properly Made Date 28 March 2025
Information Request Date 16 April 2025
Information Response Date 16 June 2025
Decision Due Date 21 July 2025
Report Reviewed & Felix Gough – 10 July 2025
Finalised By
PROPERTY DETAILS
Property Address Lynbrydon 2 2/1 Sunseeker Cl Noosaville Qld 4566
RP Description Lot 2 GTP 102778
Land Area 271.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Medium Density Residential
Precinct Not applicable
Local Plan Area Noosaville
Overlays Acid Sulfate Soils, Flood Hazard
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use - Landing – Residential and
Operational Works - Jetty.
Document Set ID: 23873316
Version: 3, Version Date: 15/07/2025
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The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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2. APPLICATION BACKGROUND
A previous approval was issued over the subject site for a combined MCU & OPW for a
Development Permit for Material Change of Use – Landing & Operational Works – Jetty (ref:
MCU22/0029 & OPW22/0059). This approval was never acted upon or lawfully commenced and
is proposed to be superseded by the current proposed development.
The current proposal includes a single 8m long and 1.5m wide jetty (the ‘proposed development’)
to be sited for the exclusive use for 2/1 Sunseeker Cl Noosaville legally described as Lot 2 on
GTP102778 (the ‘subject site’).
3. SITE DETAILS
3.1. Site History
The subject site is 1 part of a duplex development that is known as Lynbrydon 2 at 1 Sunseeker
Close, Noosaville.
A previous approval was issued over the subject site for a combined MCU & OPW for a
Development Permit for Material Change of Use – Landing & Operational Works – Jetty (ref:
MCU22/0029 & OPW22/0059). This approval was never acted upon or lawfully commenced and
is proposed to be superseded by the current proposed development.
4. ASSESSMENT
4.1. 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; and
• Noosa Plan 2020 (25 September 2020).
4.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Medium Density Residential Zone Code;
• Noosaville Local Plan Code;
• Waterways Works Code;
Assessment
The adjoining dual occupancy unit at 1/1 Sunseeker has an existing boat lifting device which is
moored at the time of application. This device is not fixed to any jetty structure and as such can
comply with AO19.5 based on strict application of terms of reference.
The owners of the subject site have provided a letter advising that they do not have a relationship
with the owners of the other half of the duplex and that the other owners do not wish to share a
jetty.
It is noted that the adjacent property to the south-east of the subject site is a reserve.
In order to minimise the potential for conflicts between the neighbours of the duplex development
a condition has been included in the recommendation to limit the mooring of vessels to the south-
eastern side of the proposed jetty.
The application has been found to generally comply with all applicable statutory instruments.
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5. CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Development Planner
6. 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 MCU25/0034 for a Material Change of Use - Landing - Residential
and OPW25/0048 for Operational Works – Jetty situated at Lynbrydon 2 2/1 Sunseeker Cl
Noosaville Qld 4566 and described as Lot 2 GTP 102778, it is recommended the application be
approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU25/0034
Street address: Lynbrydon 2 2/1 Sunseeker Cl Noosaville Qld 4566
Real property description: Lot 2 GTP 102778
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Landing – Residential and
• Development Permit for Operational Works - Jetty
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Approved Plans
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 unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
S01 C1 Drawing Schedule & Transmittal 5 February 2025
prepared by Long View Consulting
Engineers
S02 C1 Structural Notes Sheet prepared by Long 5 February 2025
View Consulting Engineers
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S03 C1 Site Plan, Framing Plan, Elevations 5 February 2025
prepared by Long View Consulting
Engineers
AS ANNOTATED BY COUNCIL
S04 C1 Jetty Framing Details prepared by Long 5 February 2025
View Consulting Engineers
Currency Period
2. The Currency Period for this development approval lapses if all conditions have not been
complied with, and the plan of survey lodged with Council for endorsement by 10 July 2027,
unless an application to extend the currency period is approved by Council.
Performance Bond
3. Security in the form of a cash bond or trading bank guarantee to the sum of $2000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
commencement of the works. The cash bond or trading bank guarantee will be returned on
performance of the conditions of this approval less any costs incurred by Council in respect
of enforcing performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Bonds
4. Bonds must:
a. meet the requirements of Council’s relevant Planning Scheme Policy for performance
and uncompleted works.
b. be lodged with Council and accompanied by the Bond Administration Fee/s.
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
General Conditions
5. The maximum number of vessels that may be berthed, moored, attached or stored on the
structure must not exceed 2 vessels.
6. The use of the jetty must not cause any adverse effects on the amenity of the surrounding
areas including changes to light, views, air quality and noise
7. All vessels berthed/moored at the jetty must be located:
a. on the south-eastern side of the jetty only, with no vessels to be moored inside the
clouded area shown on the approved plans;
b. a minimum of 1.0 metre from the prolongation of the property boundaries.
8. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
9. Boat repair activities are not permitted on site.
10. All existing landing structures and devices for the premises must be removed prior to the
construction of the approved landing and associated works.
11. 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
12. All structures must have no detrimental effects on stormwater drains and/or easements.
13. 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.
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14. A rigid handrail must be fitted on one side of the walkway. The handrail must be of an open
design and in accordance with the approved plans.
15. No vertical supports of the proposed jetty are to extend vertically from the structure unless
they provide necessary support for the handrail.
16. 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.
17. 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.
18. 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.
19. Rock scour protection, wrapped in geotextile, extends from 750mm up to approximately
5000mm from the face of the revetment wall in Noosa Waters. Piles are to be:
a. Located clear of this rock protection where applicable, or alternatively
b. Where the scour protection extends beyond 750mm:
i. Prior to driving piles, the rocks are to be removed to expose the geotextile and
the geotextile cut neatly to allow it to be turned back. During pile driving, care is
to be taken to ensure the geotextile is not damaged. At the completion of pile
driving, the fabric is to be turned down around the pile and the rocks replaced
around the piles
20. Wastewater and sullage must only be disposed of at approved pumpout facilities.
21. The mooring facility must not be utilised for live-aboard purposes.
22. 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.
23. Certification by a Registered Professional Engineer of Queensland that states that the jetty
is constructed in accordance with best practice methods and is structurally sound 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 6500 to arrange the inspection.
24. 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.
25. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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ADVISORY NOTES:
General Advisory Notes
1. 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.
2. 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.
3. 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.
4. 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.
Road Reserve Permit
5. This development permit provides the applicant with written authority to undertake the
prescribed works. Any additional activities that are undertaken inside Council’s road reserve
for the purpose of acting on this development permit may require a Road Reserve Permit.
These additional activities may include, but are not limited to, hoarding, pedestrian
diversions, laneway closures, etc. To apply for a Road Reserve Permit, or for more
information, Contact Council’s Road Reserve Officer at [email protected] Bond Agreement
6. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. 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.
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13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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Document Set ID: 23873316
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