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Decision Notice OPW13-0918 37 Cooran Ct Noosa Heads · OPW13/0918
Officer: Mark Lewis
Direct Telephone: 07 5329 6290
Fax: 07 5329 6501
Our Reference: MLEWIS:OPW13/0918
Your Reference: n/a
3 April 2014
Noosa Jetty Builders
PO Box 672
NOOSAVILLE QLD 4566
Dear Sir/Madam
Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 3 April 2014, Council decided to approve
the application in full subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW13/0918
Street Address: 37 Cooran Ct NOOSA HEADS QLD 4567
Real Property Description: Lot 210 N 21857
Planning Scheme: The Noosa Plan (16 September 2013)
2. DECISION DETAILS
The following type of approval has been issued:
Development Permit for Prescribed Tidal Works – Jetty
3. RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is 2 years starting the day that this
development approval takes effect.
4. ASSESSMENT MANAGER CONDITIONS
1. All structures associated with the jetty must be constructed wholly within the
approved area.
2. 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 or rock
wall.
3. A rigid handrail must be fitted on one side of the walkway.
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OPW13/0918
4. No posts or vertical supports of the proposed jetty are to extend vertically from the
structure unless they provide support for the handrail.
5. 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.
6. The jetty must be constructed in a manner to render the underside area vermin
proof.
7. 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.
8. 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.
9. The jetty is to be used for private purposes only with no commercial operations to
be undertaken.
10. Boat repair activities are not permitted on site.
11. Wastewater and sullage must only be disposed of at approved pumpout facilities.
12. The mooring facility must not be utilised for live-aboard purposes.
13. 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.
14. The approval or conditions do not constitute a ruling on structural safety and the
applicant must make their own arrangements 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 statutes 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.
15. Certification by a Registered Professional Engineer of Queensland must be
submitted to Council. The certification must state that the jetty has been
constructed in accordance with best practice methods, is in accordance with
Coastal Protection and Management Act 1995, is structurally sound and will have
no detrimental affect on the existing revetment walls.
16. A final inspection and approval of the structure by Council’s Inspector is also
required. Please contact Council’s Planning Assessment Section (Development
Audit & Response Officer 0428738563) to arrange the inspection.
17. This approval lapses where the construction of the jetty has not been commenced
within two (2) years of the date of issue of the approval, unless application is made
and approved by Council for an extension.
18. After completion, the proposed works must be maintained in a sound state of
repair in accordance with the approved plans
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OPW13/0918
19. All necessary State government approvals relating to this development must be
obtained prior to any works commencing on the site
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Referral Agency and Referral Trigger Response
Status Address
Concurrence SARA at DSDIP Mike Sustainable Planning The agency provided its
Ahern Government Regulation 2009 - response on 13 March
Building 12 First Avenue Schedule 7, Table 2 2014 (Reference
MAROOCHYDORE Item 15 – Marine No.SDA-0214-007988).
QLD 4558 Safety (a) DTMR Item A copy of the response
Email:SEQNorthSARA@ 15A – Marine Pollution is attached.
dsdip.qld.gov.au DTMR Item 13 –
Coastal Protection &
Management
6. APPROVED PLANS
The following plans are Approved Plans for the development:
Approved Plans
Plan No. Rev. Plan Name Date
13/126-1 A R. Little Proposed Jetty Lot 210 (No37) Cooran Court, October
Noosa Heads, prepared by Norden Engineering 2013
7. REFERENCED DOCUMENTS
Not Applicable.
8. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not
form part of the assessment manager conditions:
General
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. 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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OPW13/0918
3. 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
Sustainable Planning Act 2009 must be made. Amended plans clearly indicating
the changes must be lodged with this application along with the appropriate fees.
Aboriginal Cultural Heritage Act 2003
4. 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 3239 3647 to
discuss any obligations under the ACH Act.
9. PROPERTY NOTES
Not Applicable.
10. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable.
11. FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable
12. SELF ASSESSABLE CODES
Not Applicable
13. SUBMISSIONS
Not Applicable.
14. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable.
15. 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.
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OPW13/0918
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”.
16. OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are
available on line at www.noosa.qld.gov.au, or at Council Offices..
Yours faithfully
MARK LEWIS
Enc: Referral Agency Response
Approved Plans/Documents
Appeal Rights
Cc SARA at DSDIP
Mike Ahern Government Building
12 First Avenue
MAROOCHYDORE QLD 4558
Email: [email protected]
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OPW13/0918
Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable Planning (4) The appeal must be started within 20 business days
Act 2009 (Chapter 7). (the submitter’s appeal period) after the decision
notice or negotiated decision notice is given to the
MATERIAL CHANGE OF USE, RECONFIGURING A submitter.
LOT & OPERATIONAL WORKS
463 Additional and extended appeal rights for
Division 8 Appeals to court relating to submitters for particular development
development applications and applications
approvals (1) This section applies to a development application to
which chapter 9, part 7 applies.
461 Appeals by applicants (2) A submitter of a properly made submission for the
(1) An applicant for a development application may application may appeal to the court about a referral
appeal to the court against any of the following— agency’s response made by a prescribed
(a) the refusal, or the refusal in part, of the concurrence agency for the application.
development application; (3) However, the submitter may only appeal against a
(b) any condition of a development approval, referral agency’s response to the extent it relates
another matter stated in a development to—
approval and the identification or inclusion of (a) if the prescribed concurrence agency is the
a code under section 242; chief executive (environment)—development for
(c) the decision to give a preliminary approval an aquacultural ERA; or
when a development permit was applied for; (b) if the prescribed concurrence agency is the
(d) the length of a period mentioned in section chief executive (fisheries)—development that
341; is—
(e) a deemed refusal of the development (i) a material change of use of premises for
application. aquaculture; or
(2) An appeal under subsection (1)(a), (b), (c) or (d) (ii) operational work that is the removal,
must be started within 20 business days (the damage or destruction of a marine plant.
applicant’s appeal period) after— (4) Despite section 462(1), the submitter may appeal
(a) if a decision notice or negotiated decision against the following matters for the application even
notice is given—the day the decision notice if the matters relate to code assessment—
or negotiated decision notice is given to the (a) a decision about a matter mentioned in section
applicant; or 462(2) if it is a decision of the chief executive
(b) otherwise—the day a decision notice was (fisheries);
required to be given to the applicant. (b) a referral agency’s response mentioned in
(3) An appeal under subsection (1)(e) may be started subsection (2).
at any time after the last day a decision on the
matter should have been made. 464 Appeals by advice agency submitters
(1) Subsection (2) applies if an advice agency, in its
462 Appeals by submitters—general response for an application, told the assessment
(1) A submitter for a development application may manager to treat the response as a properly made
appeal to the court only against— submission.
(a) the part of the approval relating to the (2) The advice agency may, within the limits of its
assessment manager’s decision about any jurisdiction, appeal to the court about—
part of the application requiring impact (a) any part of the approval relating to the
assessment under section 314; or assessment manager’s decision about any part
(b) the part of the approval relating to the of the application requiring impact assessment
assessment manager’s decision under under section 314; or
section 327. (b) any part of the approval relating to the
(2) To the extent an appeal may be made under assessment manager’s decision under section
subsection (1), the appeal may be against 1 or 327.
more of the following— (3) The appeal must be started within 20 business days
(a) the giving of a development approval; after the day the decision notice or negotiated
(b) any provision of the approval including— decision notice is given to the advice agency as a
(i) a condition of, or lack of condition for, submitter.
the approval; or (4) However, if the advice agency has given the
(ii) the length of a period mentioned in assessment manager a notice under section
section 341 for the approval. 339(1)(b)(ii), the advice agency may not appeal the
(3) However, a submitter may not appeal if the decision.
submitter—
(a) withdraws the submission before the 465 Appeals about decisions relating to extensions
application is decided; or for approvals
(b) has given the assessment manager a notice (1) For a development approval given for a development
under section 339(1)(b)(ii). application, a person to whom a notice is given under
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OPW13/0918
section 389, other than a notice for a decision under
section 386(2), may appeal to the court against the
decision in the notice.
(2) The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.
(3) Also, a person who has made a request under
section 383 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
466 Appeals about decisions relating to permissible
changes
(1) For a development approval given for a development
application, the following persons may appeal to the
court against a decision on a request to make a
permissible change to the approval—
(a) if the responsible entity for making the change is
the assessment manager for the application—
(i) the person who made the request; or
(ii) an entity that gave a notice under section
373 or a pre-request response notice
about the request;
(b) if the responsible entity for making the change is
a concurrence agency for the application—the
person who made the request.
(2) The appeal must be started within 20 business days
after the day the person is given notice of the
decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the matter
should have been made.
467 Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency
(1) A person to whom a notice under section 378(9)(b)
giving a decision to change or cancel a condition of a
development approval has been given may appeal to
the court against the decision in the notice.
(2) The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.
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