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Delegated Report - Code - Planning MCU23-0129 · MCU23/0129
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Senior Engineer, Morgan Gaffney
Development Assessment
APPLICATION DETAILS
Application No. MCU23/0129 & OPW23/0153
Gayle Yvonne Hall
Applicant
Simon Alexander Hall
C/- The Jetty Specialist
Proposal Material Change of Use – Landing – Residential
Operational Works – Jetty – Residential
Properly Made Date 6 October 2023
Information Request Date 1 November 2023
Information Response Date 13 November 2023
Decision Due Date 10 January 2023
Report Reviewed & Mark Lewis on 15 November 2023
Finalised By
PROPERTY DETAILS
Property Address 27 Wyuna Dr Noosaville Qld 4566
RP Description Lot 13 N 10576
Land Area 612.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Regionally Significant Scenic Amenity
Zone Low Density Residential
Precinct Not Applicable
Local Plan Area Noosaville Local Plan
Overlays • Acid Sulfate Soil – Land below 5m AHD
• Flood Hazard
Assessment Type Code
Document Set ID: 22660858
Version: 4, Version Date: 16/11/2023
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1. PROPOSAL
The application seeks approval for a Material Change of Use – Landing – Residential & Operational
Works – Jetty – Residential. The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Jetty Dimensions
Figure 4 – Elevations
2. SITE DETAILS
2.1. Background
• In 2022, Council’s delegate provided Referral Agency Advice (Planning) for a Dwelling House
(height, setbacks & earthworks) on the site. (Council Reference: RAP22/006)
• In 2022, Council’s delegate issued a Development Permit for Building Works for a Dwelling
House. (Council Reference: DBW22/0063)
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3. ASSESSMENT
3.1. 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.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Noosaville Local Plan Code
• Low Density Residential Zone Code
• Waterways Works Code
The subject site is located in Noosaville and is zoned Low Density Residential. The proposed use
is identified as a consistent use within the zone and is required to follow a code assessable
application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
• The Jetty achieves compliance with PO9 of the Waterways Works Code as proposed
setbacks from side allocation boundaries exceed 3m. The proposed setbacks are 8.6m and
11.7m from the prolongation of the boundaries.
• The proposed dimensions are in accordance with PO13 of the Waterways Works Code as:
o The maximum width of the jetty/walkway does not exceed 1.5m (AO13.1)
o The maximum length of the jetty head does not exceed 7m (AO13.3)
o The maximum area of the jetty does not exceed 10.5m2 and a minimum walkway
length of 3m has been provided (AO13.5)
• The jetty is proposed to be situated at a quayline of 14.56m. Although this does not comply
with AO13.8 which states:
Where no quaylines are set, the maximum distance a jetty or pontoon extends into the
watercourse is 10m, unless it can be demonstrated that a distance in excess of 10m is
essential to safely access a vessel from the jetty.
The applicant has provided approval from SARA for the 14.56m quayline. It is also noted
that the quayline is consistent with neighbouring jetties and pontoons and will not conflict
with foreshore uses or impact public safety. The revised quayline therefore complies with
PO13 of the Waterways Works Code.
Standard Conditions are recommended for approval.
4. CONSULTATION
4.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
• Department of Infrastructure, Local Government and Planning (SARA)
The Department is a referral agency for Tidal Works
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The Department has responded by letter, dated 10 November 2023 advising that the application
is acceptable.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Planning – Georgina Schramm
5. 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 MCU23/0129 & OPW23/0153 for a Material Change of Use - Landing
– Residential & Operational Works – Jetty – Residential situated at 27 Wyuna Dr Noosaville Qld
4566 and described as Lot 13 N 10576, it is recommended the application be approved in
accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU23/0129 & OPW23/0153
Street address: 27 Wyuna Dr Noosaville Qld 4566
Real property description: Lot 13 N 10576
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
• Development Permit for Operational Works – Jetty – Residential
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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-04801-01 E Site Plan & Water Allocation 17/07/2023
TJS-04801-02 E Layout Plan 17/07/2023
TJS-04801-03 D Elevation 17/07/2023
Currency Period
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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 15 November
2029, unless an application to extend the currency period is approved by Council.
Site Specific Conditions
3. The maximum number of vessels that may be berthed, moored, attached or stored on the
structure must not exceed 2.
4. The use of the landing must not cause any adverse effects on the amenity of the surrounding
areas including changes to light, views, air quality and noise.
5. Vessels berthed/moored at the landing must be located a minimum of 3.0 metres from the
prolongation of the property boundaries.
6. Vessels and boatlifting devices must be connected directly to the landing, and not located
side by side or in tandem with another vessel.
Performance Bond
7. 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
8. 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
9. All structures must have no detrimental effects on stormwater drains and/or easements.
10. Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
revetment wall.
11. A rigid handrail must be fitted on one side of the walkway. The handrail must be of an open
design and in accordance with the approved plans.
12. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide necessary support for the handrail.
13. No boatlifting devices are to be attached or moored at the jetty structure for the purpose of
elevating a vessel above the water without Council approval.
14. 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.
15. 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.
16. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
17. Boat repair activities are not permitted on site.
18. Wastewater and sullage must only be disposed of at approved pumpout facilities.
19. The mooring facility must not be utilised for live-aboard purposes.
20. 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.
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21. Certification by a Registered Professional Engineer of Queensland that states that the jetty
is constructed in accordance with 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.
22. This approval lapses where the construction of the jetty 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.
23. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans
NOTE: This approval does not capture any proposed additions or alternations to the existing
dwelling or within the rear boundary setback. Any proposed additions and alternations are subject
to the Accepted Development provisions of the Noosa Plan 2020.
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 10
Manufacturing, or work in a Coastal November 2023
Infrastructure, and (Reference No. 2311-
Management District
Planning (SARA) 37569 SRA). A copy of
SARA – SEQ North the response is
Region Office attached.
(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.
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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.
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.
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Document Set ID: 22660858
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