Decision Notice OPW14-0120 32 Saltwater Ave Noosaville · OPW14/0120

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                                                                              OPW14/0120

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.    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.

7.    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.

8.    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.

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 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. 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 that states that
      the jetty is constructed in accordance with best practice methods and is structurally
      sound must be submitted to Council. 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.

16.   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.

17.   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

Not Applicable.

6.   APPROVED PLANS

The following plans are Approved Plans for the development:
Approved Plans
Plan No.    Rev.    Plan Name                                               Date
J1096-1             D Edger Proposed Jetty Lot 319 (No 32) Saltwater March 2014
                    Ave, Noosaville prepared by Norden Engineering

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.
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.


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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.
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
SENIOR ENGINEERING OFFICER


Enc:    Approved Plans/Documents
        Appeal Rights




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                                                Appeal Rights
                                                SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                REGULATION 2009



The following is an extract from the Sustainable Planning
Act 2009 (Chapter 7).                                          463 Additional and extended appeal rights for
                                                                   submitters         for     particular    development
MATERIAL CHANGE OF USE, RECONFIGURING A                            applications
LOT & OPERATIONAL WORKS                                        (1) This section applies to a development application to
                                                                   which chapter 9, part 7 applies.
Division 8           Appeals to      court relating to         (2) A submitter of a properly made submission for the
                     development      applications and             application may appeal to the court about a referral
                     approvals                                     agency’s response made by a prescribed
                                                                   concurrence agency for the application.
461     Appeals by applicants                                  (3) However, the submitter may only appeal against a
(1)     An applicant for a development application may             referral agency’s response to the extent it relates
        appeal to the court against any of the following—          to—
        (a) the refusal, or the refusal in part, of the            (a) if the prescribed concurrence agency is the
             development application;                                    chief executive (environment)—development for
        (b) any condition of a development approval,                     an aquacultural ERA; or
             another matter stated in a development                (b) if the prescribed concurrence agency is the
             approval and the identification or inclusion of             chief executive (fisheries)—development that
             a code under section 242;                                   is—
        (c) the decision to give a preliminary approval                  (i) a material change of use of premises for
             when a development permit was applied for;                        aquaculture; or
        (d) the length of a period mentioned in section                  (ii) operational work that is the removal,
             341;                                                              damage or destruction of a marine plant.
        (e) a deemed refusal of the development                (4) Despite section 462(1), the submitter may appeal
             application.                                          against the following matters for the application even
(2)     An appeal under subsection (1)(a), (b), (c) or (d)         if the matters relate to code assessment—
        must be started within 20 business days (the               (a) a decision about a matter mentioned in section
        applicant’s appeal period) after—                                462(2) if it is a decision of the chief executive
        (a) if a decision notice or negotiated decision                  (fisheries);
             notice is given—the day the decision notice           (b) a referral agency’s response mentioned in
             or negotiated decision notice is given to the               subsection (2).
             applicant; or
        (b) otherwise—the day a decision notice was            464 Appeals by advice agency submitters
             required to be given to the applicant.            (1) Subsection (2) applies if an advice agency, in its
(3)     An appeal under subsection (1)(e) may be started           response for an application, told the assessment
        at any time after the last day a decision on the           manager to treat the response as a properly made
        matter should have been made.                              submission.
                                                               (2) The advice agency may, within the limits of its
462      Appeals by submitters—general                             jurisdiction, appeal to the court about—
(1)      A submitter for a development application may             (a) any part of the approval relating to the
         appeal to the court only against—                               assessment manager’s decision about any part
          (a) the part of the approval relating to the                   of the application requiring impact assessment
              assessment manager’s decision about any                    under section 314; or
              part of the application requiring impact             (b) any part of the approval relating to the
              assessment under section 314; or                           assessment manager’s decision under section
          (b) the part of the approval relating to the                   327.
              assessment manager’s decision under              (3) The appeal must be started within 20 business days
              section 327.                                         after the day the decision notice or negotiated
(2)       To the extent an appeal may be made under                decision notice is given to the advice agency as a
          subsection (1), the appeal may be against 1 or           submitter.
          more of the following—                               (4) However, if the advice agency has given the
         (a) the giving of a development approval;                 assessment manager a notice under section
         (b) any provision of the approval including—              339(1)(b)(ii), the advice agency may not appeal the
              (i) a condition of, or lack of condition for,        decision.
                    the approval; or
              (ii) the length of a period mentioned in         465 Appeals about decisions relating to extensions
                    section 341 for the approval.                  for approvals
(3)      However, a submitter may not appeal if the            (1) For a development approval given for a development
         submitter—                                                application, a person to whom a notice is given under
         (a) withdraws the submission before the                   section 389, other than a notice for a decision under
              application is decided; or                           section 386(2), may appeal to the court against the
         (b) has given the assessment manager a notice             decision in the notice.
              under section 339(1)(b)(ii).                     (2) The appeal must be started within 20 business days
(4)   The appeal must be started within 20 business days           after the day the notice of the decision is given to the
      (the submitter’s appeal period) after the decision           person.
      notice or negotiated decision notice is given to the
      submitter.



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(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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