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SPA Decision Notice - 010.2010.00000760.001 [As Published] · 142010.760
Officer: Jack Lewis
Direct Telephone: (07) 5449 5183
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2010/760
3 August 2010
Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566
Dear Sir
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 3 August 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2010/760
Street address: 13 Waterside Court NOOSAVILLE
Real property description: Lot 891 RP906963
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Jetty
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 listed in the following table and as
may be amended by these conditions.
Plan / Document No. Rev. Plan / Document Name Date
10/74-1 A Working Drg - John Norden and Associates July 2010
2. Structures shall be designed and constructed such that they are free standing within the
waterway and are not connected to or behind the revetment wall.
3. Jetties shall 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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4. A rigid handrail shall be fitted on one side of the walkway.
5. No posts or vertical supports of the proposed jetty shall extend vertically from the structure
unless they provide support for the handrail.
6. No boatlifting devices shall be attached or moored at the jetty structure for the purpose of
elevating a vessel above the water without Council approval.
7. There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
the revetment wall.
8. 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.
9. The jetty shall be used for private purposes only with no commercial operations to be
undertaken.
10. Rock scour protection, wrapped in geotextile, extends 3000 mm from the face of the revetment
wall in this locality. 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.
11. Boat repair activities are not permitted on site.
12. Wastewater and sullage shall only be disposed of at approved pumpout facilities.
13. The mooring facility shall not be utilised for live-aboard purposes.
14. 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.
15. The approval does not constitute a ruling on structural safety and the applicant must make
their own arrangement to ensure adequacy of design and work. Also any approval granted
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 statues 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.
16. Certification by a Registered Professional Engineer of Queensland that states the jetty is
constructed in accordance with best practice methods and is structurally sound, shall be
submitted to Council prior to the return of any bond monies held by Council. 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 Planning Assessment Section to
arrange the inspection.
17. The Development Permit for Operational Works (Jetty) lapses if the works have not been
completed by 3 August 2012, unless an application to extend the relevant period is approved
by Council.
18. The jetty must be licensed with the Council upon completion of the structural work and must
be licensed annually thereafter.
5 REFERRAL AGENCY CONDITIONS
Not applicable.
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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
10/74-1 A Working Drg - John Norden and Associates July 2010
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 Sustainable
Planning Act 2009 must be made. Amended plans clearly indicating the changes must be
lodged with this application along with the appropriate fees.
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.
2.3. 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.
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 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.
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10 FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Sustainable Planning Act 2009 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. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)
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,
Denis Wallace
Senior Development Planner
Enc: Appeal Rights
Approved Plans/Documents
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Appeal Rights
SUNSTAINABLE PLANNING ACT 2009 & SUSTAINABLE
PLANNING REGULATION 2009
The following is an extract from the Sustainable (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6). section 341 for the approval.
(3) However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter—
LOT & OPERATIONAL WORKS
(a) withdraws the submission before the
Division 8 - Appeals to court relating to application is decided; or
development applications
(b) has given the assessment manager a
461 Appeals by applicants notice under section 339(1)(b)(ii).
(1) An applicant for a development application (4) The appeal must be started within 20
may appeal to the court against any of the business days (the submitter’s appeal
following- period) after the decision notice or
(a) the refusal, or the refusal in part, of a negotiated decision notice is given to the
development application; submitter.
(b) any condition of a development approval, 463 Additional and extended appeal rights for
another matter stated in a development submitters for particular development
approval and the identification or inclusion applications
of a code under section 242 (1) This section applies to a development
(c) the decision to give a preliminary application to which chapter 9, part 7
approval when a development permit was applies.
applied for; (2) A submitter of a properly made submission
(d) the length of a period mentioned in for the application may appeal to the court
section 341;; about a referral agency’s response made by
(e) a deemed refusal of the development a prescribed concurrence agency for the
application. application.
(3) However, the submitter may only appeal
(2) An appeal under subsection (1)(a), (b), (c) or
against a referral agency’s response to the
(d) must be started within 20 business days
extent it relates to—
(the applicant’s appeal period) after—
(a) if a decision notice or negotiated decision (a) if the prescribed concurrence agency is
notice is given—the day the decision the chief executive (environment)—
notice or negotiated decision notice is development for an aquacultural ERA; or
given to the applicant; or (b) if the prescribed concurrence agency is
(b) otherwise—the day a decision notice was the chief executive (fisheries)—
required to be given to the applicant. development that is—
(3) An appeal under subsection (1)(e) may be (i) a material change of use of
started at any time after the last day a premises for aquaculture; or
decision on the matter should have been (ii) operational work that is the removal,
made. damage or destruction of a marine
plant
462 Appeals by submitters - general
(4) Despite section 462(1), the submitter may
(1) A submitter for a development application
appeal against the following matters for the
may appeal to the court only against-
application even if the matters relate to code
(a) the part of the approval relating to the assessment—
assessment manager’s decision about
(a) a decision about a matter mentioned in
any part of the application requiring
section 462(2) if it is a decision of the
impact assessment under section 314; or
chief executive (fisheries);
(b) the part of the approval relating to the
(b) a referral agency’s response mentioned in
assessment manager’s decision under
subsection (2).
section 327.
464 Appeals by advice agency submitters
(2) To the extent an appeal may be made under
subsection (1), the appeal may be against 1 (1) Subsection (2) applies if an advice agency, in
or more of the following— its response for an application, told the
assessment manager to treat the response
(a) the giving of a development approval; as a properly made submission.
(b) any provision of the approval including— (2) The advice agency may, within the limits of its
(i) a condition of, or lack of condition jurisdiction, appeal to the court about—
for, the approval; or
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(a) any part of the approval relating to the 467 Appeals about changing or cancelling
assessment manager’s decision about conditions imposed by assessment
any part of the application requiring manager or concurrence agency
impact assessment under section 314; or (1) A person to whom a notice under section
(b) any part of the approval relating to the 378(9)(b) giving a decision to change or
assessment manager’s decision under cancel a condition of a development approval
section 327 has been given may appeal to the court
(3) The appeal must be started within 20 against the decision in the notice.
business days after the day the decision (2) The appeal must be started within 20
notice or negotiated decision notice is given business days after the day the notice of the
to the advice agency as a submitter. decision is given to the person.
(4) However, if the advice agency has given the For Building Works Only
assessment manager a notice under section 532 Appeals by applicants
339(1)(b)(ii), the advice agency may not
appeal the decision. (1) If—
465 Appeals about decisions relating to (a) a person has been given, or is entitled to
extensions for approvals be given—
(1) For a development approval given for a (i) an information notice under the
development application, a person to whom a Building Act about a decision
notice is given under section 389, other than other than a decision under
a notice for a decision under section 386(2), that Act made by the
may appeal to the court against the decision Queensland Building Services
in the notice. Authority; or
(2) The appeal must be started within 20 (ii) an information notice under the
business days after the day the notice of the Plumbing and Drainage Act
decision is given to the person. 2002 about a decision under
part 4 or 5 of that Act; or
(3) Also, a person who has made a request
under section 383 may appeal to the court (b) a person—
against a deemed refusal of the request (i) was an applicant for a building
(4) An appeal under subsection (3) may be development approval; and r
started at any time after the last day the (ii) is dissatisfied with a decision
decision on the matter should have been under the Building Act by a
made. building certifier or referral
agency about inspection of
466 Appeals about decisions relating to
building work the subject of the
permissible changes)
approval; the person may
(1) For a development approval given for a appeal against the decision to
development application, the following a building and development
persons may appeal to the court against a committee.
decision on a request to make a permissible
(2) An appeal under subsection (1) must be
change to the approval—
started within 20 business days after the day
(a) if the responsible entity for making the the person is given notice of the decision.
change is the assessment manager for (3) If—
the application—
(a) under the Building Act, a person makes
(i) the person who made the request; an application other than a building
or development application to a local
(ii) an entity that gave a notice under government; and
section 373 or a pre-request (b) the period required under that Act for the
response notice about the request
local government to decide the
(b) if the responsible entity for making the application (the decision period) has
change is a concurrence agency for the passed; and
application—the person who made the (c) the local government has not decided
request.. the application; the person may appeal
(2) The appeal must be started within 20 to a building and development
business days after the day the person is committee against the lack of the
given notice of the decision on the request decision and for the committee to decide
under section 376. the application as if it were the local
(3) Also, a person who has made a request government.
under section 369 may appeal to the court (4) An appeal under subsection (3) must be
against a deemed refusal of the request. started within 20 business days after the end
(4) An appeal under subsection (3) may be of the decision period..
started at any time after the last day the
decision on the matter should have been
made.
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