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2212-32645 SRA_Response with conditions__MCU22-0207_OPW22-0314
Attached to the e-mail MCU22/0207 and OPW22/0314 - SRA application correspondence - SARA referral agency response—24 Wesley Court, Noosa Heads.
RA6-N SARA reference: 2212-32645 SRA Council reference: MCU22/0207 and OPW22/0314 Applicant reference: DA0009/22 15 March 2023 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Attention: Mark Lewis Dear Mr Lewis SARA referral agency response—24 Wesley Court, Noosa Heads (Referral agency response given under section 56 of the Planning Act 2016) The development application described below was confirmed as properly referred by the State Assessment and Referral Agency (SARA) on 24 February 2023. Response Outcome: Referral agency response – with conditions Date of response: 15 March 2023 Conditions: The conditions in Attachment 1 must be attached to any development approval Advice: Advice to the applicant is in Attachment 2 Reasons: The reasons for the referral agency response are in Attachment 3 Development details Description: Development permit Operational work for tidal works or works in a coastal management district (jetty) SARA role: Referral agency SARA trigger: Schedule 10, Part 17, Division 3, Subdivision 2, Table 1 (Planning Regulation 2017) South East Queensland (North) regional office Level 4, Foundation Place 3 South Sea Islander Way, Maroochydore Page 1 of 6 PO Box 1129, Maroochydore QLD 4558
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2212-32645 SRA
Operational works for maritime safety and development
SARA reference: 2212-32645 SRA
Assessment manager: Noosa Shire Council
Street address: 24 Wesley Court, Noosa Heads
Real property description: Lot 45 on N21844
Applicant name: Robert & Catherine Matyr
Applicant contact details: PO BOX 404
Aspley QLD 4034
[email protected]
Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under
considerations: the Human Rights Act 2019 has been undertaken as part of this
decision. It has been determined that this decision does not limit
human rights.
Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.
A copy of this response has been sent to the applicant for their information.
For further information please contact Rosanna Nobile, Graduate Planner, on 07 5352 9777 or via email
[email protected] who will be pleased to assist.
Yours sincerely
Garth Nolan
Manager (Planning)
cc Robert & Catherine Matyr, [email protected]
enc Attachment 1 - Referral agency conditions
Attachment 2 - Advice to the applicant
Attachment 3 - Reasons for referral agency response
Attachment 4 - Representations about a referral agency response provisions
Attachment 5 - Documents referenced in conditions
State Assessment and Referral Agency Page 2 of 6
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2212-32645 SRA
Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)
No. Conditions Condition timing
Development Permit – Operational Works
Schedule 10, Part 17, Division 3, Subdivision 2, Item 1 – Tidal works or work within a coastal
management district. The chief executive administering the Planning Act 2016 nominates the Director-
General of the Department of Transport and Main Roads to be the enforcement authority for the
development to which this development approval relates for the administration and enforcement of any
matter relating to the following conditions:
1. The works must be carried out generally in accordance with the For the duration of
following plans: works.
(a) plans prepared by Lindsay Consulting dated 16/02/2023,
reference 22-0632-F3, revision B.
2. Internal user note: this condition applies for lighting during For the duration of
construction and operation. works and for operation
to be maintained at all
(a) Light/mark all vessels, structures, plant and equipment
times.
associated with:
i. the works, in accordance with the following
specifications:
- any anchors deployed must be marked with
yellow buoys and fitted with FL yellow lights
fitted.
ii. operations, in accordance with the following
specifications:
- provide pedestrian style lighting for jetty or
retroreflective tape to outer beacon pile or jetty
face
(b) Lighting provided must not obscure, disguise or otherwise
interfere with the safe navigation of other vessels, including
the effectiveness of navigational lighting.
State Assessment and Referral Agency Page 3 of 6
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2212-32645 SRA
Attachment 2—Advice to the applicant
General advice
1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
undefined it has its ordinary meaning.
Ref. PO4 – Obstruction to navigation
2. Any vessel moored to jetty must not encroach on navigation corridor.
State Assessment and Referral Agency Page 4 of 6
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2212-32645 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for the SARA’s decision are: The proposal is for a development permit for operational works to construct a jetty The subject site is located in maritime safety and development. SARA assessed the development application against State code 7: Maritime safety of the SDAP, version 3.0 and determined that with conditions, the development achieves compliance with the performance outcomes of the State code. Material used in the assessment of the application: the development application material and submitted plans Planning Act 2016 Planning Regulation 2017 the SDAP (version 3.0), as published by SARA the Development Assessment Rules SARA DA Mapping system section 58 of the Human Rights Act 2019 Attachment 4—Representations about a referral agency response provisions (page left intentionally blank) State Assessment and Referral Agency Page 5 of 6
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2212-32645 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 6 of 6