Council archive · source document
Decision Notice - 010.2008.00001602.001 [As Published] · 142008.1602
Officer: Evelyn Murphy
Direct Telephone: (07) 5449 5225
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2008/1602
Your Reference:
7 October 2008
Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566
Dear Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 3 October 2008 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2008/1602
Street address: 7 The Promontory, Noosaville
Real property description: Lot 817 SP 102579
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Transport Type 5 - Domestic Marine - 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 titled and numbered:
Plan / Rev. Plan / Document Name Date
Document No.
08/152-1 Elevation 1, Elevation 2, Framing Layout & Site August 2008
Plan – John Norden & Associates
08/152-2 Section A, Detail 1, Detail 2 & Detail 3 – John August 2008
Norden & Associates
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2008/1602
and as may be amended by these conditions and annotations made on the plans.
2. Structures should 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 should have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
revetment wall.
4. A rigid handrail shall be fitted on one side of the walkway.
5. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide support for the handrail.
6. 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.
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. Rock scour protection, wrapped in geotextile, extends 750 mm from the face of the revetment
wall in this locality. Piles are to be located clear of this rock protection.
10. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
11. Boat repair activities will not be 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 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 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 that 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 Land Development Section to arrange
the inspection.
17. This approval lapses where the construction of the jetty has not been completed by 3 October
2010, unless application is made and approved by Council for an extension.
18. The jetty shall be licensed with the Council upon completion of the structural work and shall be
licensed annually thereafter.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
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Referral Trigger Referral Status Referral Agency Referral Address
Nil
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
08/152-1 Elevation 1, Elevation 2, Framing August 2008
Layout & Site Plan – John Norden &
Associates
08/152-2 Section A, Detail 1, Detail 2 & Detail 3 – August 2008
John Norden & Associates
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 Integrated
Planning Act 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.
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 the
commencement of any works over the site.
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.
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8 PROPERTY NOTES
Not applicable
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Nil
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
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
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
PLANNING OFFICER
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (5) If an application is processed under section
Planning Act (Chapter 4). 6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
Appeals by applicants
4.1.27.(1) An applicant for a development (6) If an application involves assessment
application may appeal to the court against any of against a concurrence agency code, appeal rights
the following- for submitters for the application are not available
against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application;
Appeals by advice agency submitters
(b) a matter stated in a development approval,
including any condition applying to the 4.1.29.(1) An advice agency may, within the limits
development, and the identification of a code of its jurisdiction, appeal to the court about the
under section 3.1.6;
1 giving of a development approval for a
development application if-
(c) the decision to give a preliminary approval
when a development permit was applied for; (a) the development application involves impact
assessment; and
(d) the length of a currency period;
(b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to
(2) An appeal under subsection (1)(a) to (d) the application as a submission for an appeal.
must be started within 20 business days (the (2) The appeal must be started within 20
“applicant’s appeal period”) after the day the business days after the day the decision notice or
decision notice or negotiated decision notice is negotiated decision notice is given to the advice
given to the applicant. agency as a submitter.
(3) An appeal under subsection (1)(e) may be Appeals for matters arising after approval given
started at any time after the last day a decision on (co-respondents)
the matter should have been made.
4.1.30.(1) For a development approval given for a
Appeals by submitters development application, a person to whom any of
4.1.28.(1) A submitter for a development the following notices have been given may appeal
application may appeal to the court about- to the court against the decision in the notice-
(a) the giving of a development approval, including (a) a notice giving a decision on a request for
any conditions (or lack of conditions) or other extension of the currency period for an
provisions of the approval; or approval;
(b) the length of a currency period for the approval. (b) a notice giving a decision on a request to make
(2) The appeal must be started within 20 a minor change to an approval.
business days (the “submitters appeal period”) (2) The appeal must be started within 20
after the day the decision notice or negotiated business days after the day the notice of the
decision notice is given to the submitter. decision is given to the person.
(3) If a person withdraws a submission before (3) Subsection (1)(a) does not apply if the
the application is decided, the person may not approval resulted from a development application
appeal the decision. (superseded planning scheme) that was assessed
(4) If an application involves both impact as if it were an application under a superseded
assessment and code assessment, appeal rights planning scheme.
for submitters are available only for the part of the (4) Also, a person who has made a request
application involving impact assessment. mentioned in subsection (1) may appeal to the
court against a deemed refusal of the request.
(5) An appeal under subsection (4) may be
started at any time after the last day the decision
on the matter should have been made.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
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Division 9 - Appeals to court about other
matters Appeals by applicants
Appeals for matters arising after approval given 4.2.9(1) An applicant for a development application
(no co-respondents) may appeal to the Building and Development
4.1.31.(1) A person to whom any of the following Tribunal against any of the following-
notices have been given may appeal to the court (a) the refusal, or the refusal in part, of a
against the decision in the notice- development application;
(a) a notice giving a decision on a request to (b) a matter stated in a development approval,
change or cancel a condition of a development including any condition applying to the
approval. development, and the identification of a code
2 3
(b) a notice under section 6.1.44 giving a decision under section 3.1.6;
to change or cancel a condition of a (c) the decision to give a preliminary approval
development approval. when a development permit was applied for;
(2) The appeal must be started within 20 (d) the length of a period mentioned in section
business days after the day the notice of the 3.5.21 currency period;
decision is given to the person.
(e) a deemed refusal.
(3) Also, a person who has made a request
(2) An appeal under subsection (1)(a) to (d)
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request. must be started within 20 business days (the
“applicant’s appeal period”) after the day the
(4) An appeal under subsection (3) may be decision notice or negotiated decision notice is
started at any time after the last day the decision given to the applicant.
on the matter should have been made.
(3) An appeal under subsection (1)(e) may be
Appeals against decisions to change approval started at any time after the last day a decision on
conditions under the repealed Act the matter should have been made.
4.1.33A.(1) A person who is dissatisfied with a The Registrar for the Building and Development
decision made on an application to change the Tribunal may be contacted at the website
conditions attached to an approval given under http://www.localgovernment.qld.gov.au/
section 2.19(3)or section 4.4 of the repealed Act
may appeal to the court against- For Infrastructure Charges Only
(a) the decision; or 4.1.36 Appeals about particular infrastructure
(b) a deemed refusal of the application. charges
(2) An appeal under subsection (1)(a) must be (1) This section applies to a person who has
started within 20 business days after the day notice been given, and is dissatisfied with, an
of the decision is to be given to the person. infrastructure charges notice or a regulated State
infrastructure charges notice.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on (2) The person may appeal to the court against
the matter should have been made. the notice.
Appeals against local laws (3) The appeal must be started within 20 business
days after-
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (a) if the notice is given because of a
applied under a local law about the use of premises development approval or master plan
or the erection of a building or other structure approval-the day the applicant is given notice
permitted by the planning scheme may appeal to of the decision about the approval; or
the court against the decision or the conditions (b) otherwise-the day the notice is given to the
applied. person.
(2) The appeal must be started within 20 (4) An appeal under this section may only be
business days after the day notice of the decision about-
is given to the applicant. (a) whether a charge in the notice is so
For Building Works Only unreasonable that no reasonable relevant local
Rights of appeal conferred by Section 4.2.9 of the government, State infrastructure provider or
Integrated Planning Act 1997 as follows: coordinating agency could have imposed it; or
Division 3 – Appeals to tribunals relating to (b) an error in the calculation of the charge.
development applications (5) To remove any doubt, it is declared that an
appeal under this section can not be about the
methodology used to establish the charge in the
2
Section 6.1.44 (Conditions may be changed or
3
cancelled by assessment manager or concurrence Section 3.1.6 (Preliminary approval may override
agency in certain circumstances) local planning instrument)
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relevant infrastructure charges schedule or
regulated State infrastructure charges schedule.
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