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ECM_23038802_v2_Decision Notice - Approved by Delegation of Authority MCU24 0044 & OPW24 0045 · MCU24/0044
Officer: Mark Lewis
Direct Telephone: 07 53296290
Our Reference: MCU24/0044 & OPW24/0045
Your Reference: 04874
30 May 2024
MJ Guthrie & SL Guthrie
C/- The Jetty Specialist
18 Ron Parkinson Cres
CORBOULD PARK QLD 4551
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 28 May 2024, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU24/0044 & OPW24/0045
Street address: 13 Dolphin Cres Noosaville Qld 4566
Real property description: Lot 74 N 10573
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 – Prescribed Tidal Works (Pontoon and
Gangway)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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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
TJS-04865-01 A Site Plan & Water Allocation prepared 5 October 2023
by EDGE Consulting Engineers
TJS-04865-02 A Layout Plan prepared by EDGE 5 October 2023
Consulting Engineers
TJS-04865-03 A Elevation prepared by EDGE 5 October 2023
Consulting Engineers
TJS-04865-04 A Foam Details, Ally Flat Deck Type 5 October 2023
prepared by EDGE Consulting
Engineers
JSP-GW-006 M Standard Catwalk Construction 14 January 2021
prepared by EDGE Consulting
Engineers
JSP-SD-102-1 A Pile Bracket Construction to Suit 315 23 September 2019
Piles & 6 Roller Bracket prepared by
EDGE Consulting Engineers
JSP-SD-045 E Concrete Insitu Pile Construction 315 9 September 2020
& 400 Diameter Reinforced prepared
by EDGE Consulting Engineers
JSP-SD-212 D FRP Reinforced Pontoon 9 September 2020
Construction Standard Flat Deck and
Float a Boat Pontoons prepared by
EDGE 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 28 May 2026,
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.
General Conditions
4. All elements of the existing jetty, both above and below water level, must be wholly removed
as part of these works.
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5. The maximum number of vessels that may be berthed, moored, attached or stored on the
structure(s) must not exceed 2.
6. The use of the pontoon must not cause any adverse effects on the amenity of the surrounding
areas including changes to light, views, air quality and noise.
7. Vessels berthed/moored at the pontoon must be located a minimum of 1.0 metre from
the prolongation of the property boundaries.
8. Vessels must be connected directly to the pontoon, and not located side by side or in tandem
with another vessel.
9. 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
10. All structures must have no detrimental effects on stormwater drains and/or easements.
11. A rigid handrail must be fitted on at least one side of the gangway. The handrail must be of
an open design and in accordance with the approved plans.
12. No boatlifting devices are to be attached or moored at the pontoon structure for the purpose
of elevating a vessel above the water without Council approval.
13. 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.
14. 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.
15. The pontoon is to be used for private purposes only with no commercial operations to be
undertaken.
16. Boat repair activities are not permitted on site.
17. Wastewater and sullage must only be disposed of at approved pumpout facilities.
18. The mooring facility must 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 2009.
20. 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.
21. 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.
22. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans
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5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence Department of State Schedule 10, Part 17, The agency provided its
Development, Division 1 – Tidal Works response on 27 May
Manufacturing, or 2024 (Reference No.
Infrastructure, and 2404-40124 SRA). A
work in a Coastal
Planning (SARA) copy of the response is
Management District attached
SARA – SEQ North
Region Office
(07) 5352 9701 or
email:
[email protected]
6. 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
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.
Building and Construction Industry (Portable Long Service Leave) Levy
5. 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
6. 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
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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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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,
Mark Lewis
Coordinator - Engineering
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. 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])
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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Document Set ID: 23038802 2404-40124 SRA Regulation 2017) - Operational work that is tidal works or work in a coastal management district Schedule 10, Part 17, Division 3, Subdivision 1, Table 2 (Planning Regulation 2017) - Operational work that is tidal works or work in a coastal management district SARA reference: 2404-40124 SRA Assessment manager: Noosa Shire Council Street address: 13 Dolphin Crescent, Noosaville Real property description: Lot 74 on N10573 Applicant name: Michael & Sandy Guthrie Applicant contact details: Cl- The Jetty Specialist 18 Ron Parkinson Cres Corbould Park QLD 4551 [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 Ruth Creffield, Senior Planning Officer, on 5352 9775 or via email SEQNorthSARA@dsdilgp .qid.gov.au who will be pleased to assist. Yours sincerely Danika Cowie Principal Planning Officer cc Michael & Sandy Guthrie, [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 20f7 Version: 2, Version Date: 30/05/2024 Page 7 of 15
Page 8
2404-40124 SRA
Attachment 1—Referral agency conditions
{Under section 56[1)(D)()) of the Planning Act 2076 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
Operational works
Schedule 10, Part 17, Division 3, Table 1, 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 Environment and Science 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 development must be carried out generally in accordance with —_| For the duration of
the following plans: works and to be
« Layout plan, prepared by The Jetty Specialist, dated maintained.
06/03/2024, drawing number TJS-04865-02, revision A.
¢ Elevation, prepared by The Jetty Specialist, dated
06/03/2024, drawing number TJS-04865-03, revision A.
2. The works to which this approval relates are to be for a private Atall times.
purpose only.
3. Any operator and contractor involved in the works to which this During construction.
approval relates must:
a) be provided a copy of referral agency conditions
b) install all measures, plant and equipment necessary to
ensure compliance with the conditions of this approval
¢) maintain such measures, plant and equipment in a proper
and efficient condition
d) operate such measures, plant and equipment in a proper
and efficient manner.
4. For the proposed works only use material which are free from During construction.
contaminants as defined under section 11 of the Environmental
Protection Act 1994.
5. Should the works become damaged as a result of erosion, flooding Atall times.
or storm tide inundation, the registered landowner(s) of the subject
land shall be responsible for the removal of all debris at their own
expense.
Schedule 10, Part 17, Division 3, Table 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:
6. The development must be carried out generally in accordance with Atall times.
the following plans:
* Site Plan and Water Allocation, prepared by The Jetty
Specialist, dated 22/11/23, drawing number TJS-04865-01,
revision A.
7. a) Light/mark all vessels, structure, plant and equipment associated | For the duration of
with the works, in accordance with Section 3 of AS4282-1997 work and for operation
Control of the obtrusive effects of outdoor lighting. to be maintained at all
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 7
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2404-40124 SRA 8. The construction, operation and maintenance of the pontoon and For the duration of any ship berthed, moored or attached to the structure, must not: works, and at all times. a) encroach into, pass over or under a navigation corridor; or b) be located in a high risk maritime zone; or c) impede the safe navigation of other ships or boats; or d) restrict safe access to or from neighbouring structures 9. Remove and dispose of any debris or similar obstruction For the duration of encountered whilst undertaking the work at an appropriately licensed | works. facility. 10. All piles and/or structure to be demolished, both above and below Prior to the completion the waterline must be completely extracted/removed. of works. State Assessment and Referral Agency Page 4 of 7 Document Set ID: 23038802 Version: 2, Version Date: 30/05/2024 Page 9 of 15
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2404-40124 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. State Assessment and Referral Agency Page 5 of 7 Document Set ID: 23038802 Version: 2, Version Date: 30/05/2024 Page 10 of 15
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2404-40124 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 proposed development is for operational work for prescribed tidal works for a pontoon. * The proposed development involves operational work in a developed tidal waterway, and as such required assessment under the State Development Assessment Provisions (SDAP). « SARA assessed the application against State code 7: Maritime safety, of the SDAP (v3.0) and found it complies, subject to conditions to ensure: © the development is carried out generally in accordance with the plans of development submitted with the application © that at all times, all lights on or above the development site do not interfere with safe navigation in surrounding waterways © the development does not encroach on the navigation corridor or high-risk maritime zone to ensure the safe passage of vessels © = that debris from the development does not create a hazard to navigation © that there is no residual material that could create a hazard to navigation. « SARA assessed the application against State code 8: Coastal development and tidal works, of the SDAP (v3.0) and found it complies, subject to conditions to ensure: © the development is carried out generally in accordance with the plan of development submitted with the application. © that at alll times, the works, to which this approval relates are for private purpose only. © any operator and contractor involved in the works ensures impacts on coastal values (water quality) are avoided or minimised. © works only use materials which are free from contaminants as defined under section 11 of the Environmental Protection Act 1994. © damaged works as a result of erosion, flooding or storm tide inundation, the registered landowner(s) of the subject land shail be responsible for the removal of all debris at their own expense. 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 intensonaby blank) ‘State Assessment and Referral Agency Page 6 of 7 Document Set ID: 23038802 Page 11 of 15 Version: 2, Version Date: 30/05/2024
Page 12
2404-40124 SRA Attachment 5—Documents referenced in conditions (page left intenfonaly blank) State Assessment and Referral Agency Page 7 of 7 Document Set ID: 23038802 Page 12 of 15 Version: 2, Version Date: 30/05/2024
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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