Delegated Report - Code - Planning OPW20 0243

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW20/0243
Applicant	Sonia Lorena King c/ Superior Jetties
Proposal	Operational Works - Prescribed Tidal Works (Pontoon)
Properly Made Date	9 December 2020
Information Request Date	4 January 2021
Information Response Date	5 January 2021
Decision Due Date	26 February 2021
Report Completed Date	9 February 2021
Report Reviewed By	Diogo Carrico

PROPERTY DETAILS
Property Address	27 Cooran Ct Noosa Heads Qld 4567
RP Description	Lot 205 N 21857
Land Area	773.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulfate Soils, Flooding Riparian Buffer (in the waterway)
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Prescribed Tidal Works (Pontoon).
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Locality with recent aerial

Figure 3 – Design Plan

site details
Background
The site currently has a jetty and a boatlifting device that were approved by application 23429 DA (132003.220924).
Proposed Works
The application proposes to remove the existing structures and replace them with a pontoon and gangway.  The applicant amended their original design to reduce the size of the pontoon to comply with The Noosa Plan 2020 – Waterways Works Code
Surrounding Land Uses
Low Density Residential
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Waterways Works Code

The application has been found to generally comply with all applicable statutory instruments.
cONSULTATION
Referral Agencies
The applicant was referred to the following Referral Agencies:
Queensland Treasury – State Assessment and Referral Agency (SARA)
The Department provided an early referral response – with conditions dated 4 December 2020 and advised the applicant via email on the 4 February 2021 that the amended drawing 17481-D01 revision C is “generally in accordance” with the previously approved plan.
Internal Council 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 OPW20/0243 for Operational Works - Prescribed Tidal Works (Pontoon) situated at 27 Cooran Ct Noosa Heads Qld 4567 and described as Lot 205 N 21857, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW20/0243
Street address:	27 Cooran Ct Noosa Heads Qld 4567
Real property description:	Lot 205 N 21857
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 (Pontoon)
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
17481-D01	C	Site Plan, Elevation and General Notes prepared by Superior Jetties	21 January 2021
17481-D02	A	Pontoon Construction Details prepared by Superior Jetties	21 January 2021
17481-D03		Gangway Construction Details prepared by Superior Jetties	10 August 2020
17481-D04		Gangway Bracket Construction Details prepared by Superior Jetties	10 August 2020
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 9 February 2023, unless an application to extend the currency period is approved by Council.
General Conditions
All redundant elements of the existing jetty and boatlifting device, both above and below water level, must be wholly removed as part of these works
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.
A rigid handrail must be fitted on at least one side of the walkway.
No posts or vertical supports of the proposed fixed section 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 structures 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 pontoon 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 and gangway are constructed in accordance with best practice methods and are 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.
This approval lapses where the construction of the pontoon 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 Works in a Coastal Management District	The agency provided its response on 4 December 2020 (Reference No. 2011-19754 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:
ADVISORY NOTES:
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.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
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 Unit to discuss any obligations under the ACH 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.

[word/footer1.xml]
Page 8 of 8

[word/header1.xml]
3

[word/header2.xml]
DEVELOPMENT ASSESSMENT DELEGATED REPORT

[Attachment: image1.jpeg (image text)]
 

     
   

   

(Cr AS2NZ1859.

  

oot 1
\ ee
\ ‘arantiosr

“6
aisies?

       

 

= | is

Fae

aasttsy goiter

pelts |


[Attachment: image2.jpeg (image text)]
<3
208N21857 ©

 


[Attachment: image3.jpeg (image text)]
r
WET BERTHED VESSEL
MAXIMUM VESSEL LENGTH - 6 25m
MAXIMUM VESSEL SEAM - 2.9m
MAXIMUM VESSEL MASS - 7000 Kg

 

‘nc tha Pasa Ti! Warts ade enact Jot the Coasts Parchn 8 aogenen Pepttion 23)

 

 

1H stuctses acted tera tore eae seven scorgance wth Astra
122 ASG 45¢997 ASIRDH ASZEH ASOS ADSGZ lea
anetrea he e

        

sf asuning ence eo ay seen revtneet

 

1S, Where aptcae, te enigma wat ances it the best eet thet cold ceesmatdeterived
onan tine pei Job crue fo pel are eas uh os Sead nd ie! he a be

        

 

16 eon sa pants am heh dng of i rare dec

 

 

Hef Deck a lbh Benito teceee
ig Beko wei irre ee

   

ve Lend 589 Toaentratad as 94S

   
 
 
 
 
 
  

isn

 

raring es ined thes ote hee

 

 

tere

 

io ot at deed oeancod wt cat pen at

 

 

   

On ne gra ue

wer tema
42 Pantoanconrate strep

 

   

 
  

 

 

 

5a rors
1 Ges sabi od ania fhe woth

mum ct sree
ia shvaouner sh eang wn Be os

   
 

  
     

  

rv compl with AS 0. fo nin Fasc

 

1 Ainge tobe trade Statens Stack ao

 

 

 

 

   

 

  
 
    

 

 

 

 

 

 

 
 
  
  
  

 

 

set
save 5109 wf
ot |
in 2
oo | q
eo 3 =
’ =
. 3
< xsi =
7 sriuetue =
; raesvOvtt Lentsnns
4 gs Y : STRUT
ass Wen rLarrom TI ae
‘00 re
LOT 205 q LOT 208
ON N21857 a
q
PLAN SCALE 1: 300
- vwote -
0 ‘00
7 pee ea Son
| me:
= SU row

 

 

 

 

 

 

 

 

 

oa

ese

 

 

a

exsicnsteacs ft
mesccwnesecn—4 ||

 
 

ELEVATION scate 1: 100

   

o Nor seaué DRawaves.

to | sere sens Seems a sme eT fay ae70 eae an an eo SLAY MARK WICHLINSKI
DVI-I AMTHDTD DRAWING Re ° 118/984 2¢ caps tiie SITE PLAN, ELEVATION AND GENERAL NOTES:

Be ieee . x weikins C2 SUPERIOR’ |!0/98/2 a K WICHLINSKI
: sooo were ieTONAk cenare DAV KNG

C [evens anwar osteo srr ® Skbeous ve ateessP ton? aweae o's |17481-D01 “om on CORAM COURT tdlingAr

BIRRECASEEIIE none ie NOOSA SOND
l ieee Patt easton 5 a ee Bene bite