Delegated Report - Code - Planning OPW21 0156

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0156
Applicant	Pile-It Pty Ltd
Proposal	Operational Works - Prescribed Tidal Works
Properly Made Date	16 June 2021
Information Request Date	18 June 2021
Information Response Date	4 August 2021
Decision Due Date	23 September 2021
Report Completed Date	11 August 2021
Report Reviewed By	Laurie Schreck

PROPERTY DETAILS
Property Address	9 Mermaid Qy Noosaville Qld 4566
RP Description	Lot 41 RP 839221
Land Area	740.0000 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
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Boat Lifting Device.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Boatlifting Device

site details
Background
The subject application is for the installation of a boat lifting device that is attached to the existing jetty. It is noted that the existing jetty was approved by OPW18/0294.
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.
Assessment
During the assessment of the application Council issued a Further Information Request seeking clarification on the jetty location and the type of boat lifting device. The applicant in their response on the 4 August provided the necessary detail
cONSULTATION
Referral Agencies
Not Applicable
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 OPW21/0156 for Operational Works – Boatlifting Device situated at 9 Mermaid Qy Noosaville Qld 4566 and described as Lot 41 RP 839221, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0156
Street address:	9 Mermaid Qy Noosaville Qld 4566
Real property description:	Lot 41 RP 839221
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Boat Lifting Device
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
20.001-020 S03	C1	Site Plan, Framing Plan, Elevations prepared by Long View Consulting Engineers as annotated by Council	25 May 2021
20.001-020 S04	C1	Jetty Framing Details prepared by Long View Consulting Engineers	25 May 2021
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 11 August 2023, unless an application to extend the currency period is approved by Council.
General Conditions
The maximum number of vessels that may be berthed, moored, attached or stored on the structure(s) must not exceed 2.
Vessels and boatlifting devices must be connected directly to the jetty, and not located side by side or in tandem with another vessel.
The use of the jetty and boat lifting device must not cause any adverse effects on the amenity of the surrounding area including changes to light, views, air quality and noise.
The boat lifting device must:
be an “Ultimate Jetski Lift” or similar,
not be roofed,
be attached in accordance with manufacturers recommendation, and
be setback a minimum of 1m from the prolongation of the property boundary between No 9 and No 11 Mermaid Quay
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.
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 boat lifting device 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 boat lifting device has been installed in accordance with the manufacturers recommendations, best practice methods and is 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 installation of the boat lifting device 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
Not applicable.
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
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.
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.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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NOOSA WATERS

JETTY SITE PLAN
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