Council archive · source document
Decision Notice - Concurrence Agency - Q.T (Maritime Safety) [As Published] · 142008.1704
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/1704
Your Reference: 710/01585(5) P39100 E28420 F82
29 April 2009
Queensland Transport
Maritime Safety
MacArthur Avenue East
PINKENBA QLD 4008
Dear Sir
Decision Notice
Integrated Planning Act 1997
Your Department was a referral agency for the above application and provided a response to Council
in a letter dated 15 October 2008. On 28 April 2009, Council decided to approve the application in
full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/1704
Street address: 30 Noosa Parade, Noosa Heads
Real property description: Lot 14 N 21842
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Prescribed Tidal Works - Transport Type 5 -
Domestic Marine (Private Jetty/Pontoon)
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered and titled:
Plan / Document No. Rev. Plan / Document Name Date
WD.707 C5 Proposed Pontoon & Jetty – Kidd + Co 5 March
2008
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SCE07-67 1H of 38 Fixed Jetty & Regatta Stair Layout – Schwabe 13 March
Consulting Engineers 2009
SCE07-67 2H of 38 Fixed Jetty & Regatta Stair Fixity Details – 13 March
Schwabe Consulting Engineers 2009
and as may be amended by these conditions.
2. The level of the jetty deck shall not exceed RL1.06 AHD (Highest Astronomical Tide plus
500mm).
3. The pontoon must not exceed the maximum dimensions of 7 metres in length and 2 metres in
width.
4. The overall length of the regatta stairs shall not exceed the overall length of the pontoon.
5. The regatta stairs shall be of open construction as indicated on the Kidd and Co Designers’
architectural plan and shall not have vertical riser timbers as indicated on Schwabe Consulting
Engineers’ plans.
6. The regatta stairs shall be constructed as close as reasonably possible to the face of the rock
revetment wall.
7. All structures associated with the jetty and pontoon, including piles, must be constructed
wholly within the approved Resource Entitlement Area.
8. All parts of the existing jetty including paths and supporting elements below water level must
be completely removed.
9. A rigid handrail shall be fitted on one side of the jetty.
10. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide support for the handrails.
11. No boat lifting devices are to be attached or moored at the jetty structure for the purpose of
elevating a vessel above the water without Council approval.
12. The jetty shall be constructed in a manner to render the underside area vermin proof.
13. There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
the revetment wall.
14. Lighting associated with the use shall be designed, installed, operated, and maintained in
accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
15. The jetty and pontoon are to be used for private purposes only with no commercial operations
to be undertaken.
16. Boat repair activities will not be permitted on site.
17. Wastewater and sullage shall only be disposed of at approved pump out facilities.
18. The mooring facility shall not be utilised for live-aboard purposes.
19. 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 1997.
20. The approval or conditions do not constitute a ruling on structural safety and the applicant
must make their own arrangements to ensure adequacy of design and work. This approval
does not warrant that such plans and specifications have been checked in detail, nor does it
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 statutes and/or statutory regulations in
the execution and/or performance of said works. The Council does not accept any
responsibility for the accuracy of such plans and specifications as approved.
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2008/1704
21. Certification by a Registered Professional Engineer of Queensland shall be submitted to
Council prior to the return of any bond monies held by Council. The certification shall state that
the jetty, pontoon and regatta stairs have been constructed in accordance with best practice
methods, are accordance with Coastal Protection and Management Act 1995, are structurally
sound and will have no detrimental affect on the existing revetment walls. A final inspection
and approval of the structure by Council’s Inspector is also required prior to the return of any
bond monies held by Council. Please contact Council’s Land Development Section to arrange
the inspection.
22. A final inspection and approval of the structure by Council’s Inspector is required prior to the
return of any bond monies held by Council. Please contact Council’s Land Development
Section to arrange the inspection.
23. The jetty shall be licensed with the Council upon completion of the structural work and shall be
licensed annually thereafter.
24. The Development Permit for Operational Works lapses if the works have not been completed
by 28 April 2011, unless an application to extend the currency is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Operational works that Concurrence Environmental Eco access Customer
is Prescribed Tidal Protection Agency Service Unit
Works GPO Box 15155
CITY EAST QLD 4002
Operational works that Concurrence Queensland MacArthur Avenue East
is Prescribed Tidal Transport - Maritime PINKENBA QLD 4008
Works Safety
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
WD.707 C5 Proposed Pontoon & Jetty – Kidd + Co 5 March 2008
SCE07-67 1H of 38 Fixed Jetty & Regatta Stair Layout – 13 March 2009
Schwabe Consulting Engineers
SCE07-67 2H of 38 Fixed Jetty & Regatta Stair Fixity 13 March 2009
Details – Schwabe Consulting
Engineers
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a Change to an Existing Approval Application under the Integrated
Planning Act must be made. Amended plans clearly indicating the changes must be lodged
with this application along with the appropriate fees.
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2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
Local Law No. 12, prevents a builder or building contractor carrying out building work on a
building site in a way that makes or causes audible noise to be made from the building work:-
2.1. On a Sunday or public holiday, at any time; or
2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if
the cost of operational works exceeds $80,000, then a portable long service leave levy is
required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight
the approved form issued by the Building and Construction Industry (Portable Long Service
Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory
declaration outlining the cost of the operational works must be submitted to Council prior to
commencement of work.
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 Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.
8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Nil
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
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2008/1704
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
15 OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Kerri Coyle
MANAGER – LAND USE
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2008/1704
Referral Agency Conditions –
Queensland Transport (Maritime
Safety)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2008/1704 Page 7 of 13 [OCR of page images] 2008/1704 7. Any ships and equipment you or your agent use must comply with the Transport Operations (Marie Safety) Act 1994, the Transport Operations (Marie Safety) Regulation 2004 and the Transport Operations (Marme Pollution) Act 1995. 8. Any ships using this structure must comply with the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Safety) Regulation 2004 9 Any ship moored at this pontoon/jetty must not impede the safe navigation of other ships or restrict safe access to or from neighbouring structures 10, Any ship moored or dry berthed at this structure must not exceed the following sizes: Wet Berth Dry Berth Length Overall - 9 metres N/A Beam - 3 metres 11, The contractor must construct the pontoon/jetty within two years from the date of approval, If construction is not completed, you will need additronal or amended comments from the Regional Harbour Master. Manttime Safety Queensland does not need to be further consulted if all of the above conditions are met The above conditions must be included im your application to the assessment manager. This agency will also forward a copy of this letter to the Assessment Manager. Yours sincerely Captain Richard C Johnson Regional Harbour Master (Brisbane) Maritime Safety Queensiand Page 2 of 2 Page 7 of 13
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2008/1704
Referral Agency Conditions –
Environmental Protection Agency
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2008/1704 Page 9 of 13 [OCR of page images] 2008/1704 ecoaccess environmental licences and permits Notice 3. Currency period This approval will lapse unless substantially started within the currency period/s set by the Assessment Manager OR the standard currency periods stated in section 3.5.21 of the Integrated Planning Act 14997 applying to each aspect of development in this approval AND/OR the following currency periods applying to aspects of development in this approval. The approved plans The approved plans and/or documents for this approval are: Plan/Document No. Plan/Document Name Date WD.202 (2) Kidd & Co. designers — Jetty layout 2 of 2 March 2007 WD.710 (1) Kidd & Co designers — Water Allocation Plan March 2007 4. Codes for self-assessable development Any self-assessable development for an environmentally relevant activity conducted in conjunction with this approval, must comply with the relevant code of environmental compliance. 5. Assessment Manager Responsibilities Please note that it is a requirement under Sections 3.5.15 and 3.5.17 of the Integrated Planning Act 1997 that a copy of the final Decision Notice (which includes the EPA's concurrence response) for this application issued by the Sunshine Coast regional Council, be forwarded to each referral agency. Therefore could you please send a signed hardcopy to the EPA's Ecoaccess Customer Service Unit, PO Box 15155 CITY EAST 4002 and an electronic copy to [email protected] addition, the State's Native Title Work Procedures indicate that responsibility for assessment of native title issues for an IDAS application rest with the Assessment Manager. Therefore in this instance, the EPA has not provided a notification to native title parties. If you require more information, please coritact Rodney Garner, the Project Manager, on the telephone number listed below. Yours sincerely Enquiries: im ” aa Reg Serv - Bne North - Sunshine Coast - PO Box 168 Dr Glen Brown COTTON TREE QLD 4558 Regjgnal Manag Phone: (07) 5459 6132 Delagate Fax: (07) 5443 9927 Environmental Protection Agency 21-NOV-2008 Page 2 of 3» AF080109 Environmental Protection Agency Page 9 of 13
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2008/1704 Page 11 of 13 [OCR of page images] 2008/1704 Boa NV1d NOILWIOTI YS lV) Page 11 of 13
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated
(6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the concurrence agency’s
response for the code.
Appeals by applicants
Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application
application; if-
(b) a matter stated in a development approval, (a) the development application involves impact
including any condition applying to the assessment; and
development, and the identification of a code
under section 3.1.6;1 (b) the advice agency told the applicant and the
assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for;
(2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
be started within 20 business days (the “applicant’s Appeals for matters arising after approval given
appeal period”) after the day the decision notice or (co-respondents)
negotiated decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be development application, a person to whom any of the
started at any time after the last day a decision on the following notices have been given may appeal to the
matter should have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
any conditions (or lack of conditions) or other (2) The appeal must be started within 20 business
provisions of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
6.1.28(2), appeal rights for submitters for the Appeals for matters arising after approval given
application are available only for the aspects of the (no co-respondents)
development that would have required public
notification under the repealed Act. 4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;3
(c) the decision to give a preliminary approval when a
development permit was applied for;
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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