Delegated Report - Code - Planning MCU21 0195

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0195
Applicant	Pile-It Pty Ltd
Proposal	Material Change of Use - Landing - Residential
Properly Made Date	5 November 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	12 January 2022
Report Completed Date	30 November 2021

PROPERTY DETAILS
Property Address	43 The Anchorage Noosaville Qld 4566
RP Description	Lot 793 RP 910421
Land Area	771.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Noosaville
Overlays	Flood, Acid Sulfate Soils
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Landing - Residential.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

site details
Background
The subject application has been submitted due to the scale of change from the existing jetty use.
Site Description
Low Density Residential
Surrounding Land Uses
Low Density Residential
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.
It is noted that a change to the existing jetty approval is being assessed concurrently with the subject application.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Low Density Residential Zone Code;
Noosaville Local Plan Code;
Waterways Works  Code;
The application has been found to generally comply with all applicable statutory instruments.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Planning
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 MCU21/0195 for a Material Change of Use - Landing - Residential situated at 43 The Anchorage Noosaville Qld 4566 and described as Lot 793 RP 910421, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0195
Street address:	43 The Anchorage Noosaville Qld 4566
Real property description:	Lot 793 RP 910421
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Landing - Residential
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
20.001-024-S01	C1	Drawing Schedule & Transmittal prepared by Long View Consulting Engineers	24 August 2021
20.001-024-S02	C1	Structural Notes Sheet prepared by Long View Consulting Engineers	24 August 2021
20.001-024-S03	C1	Site Plan, Framing Plan, Elevations prepared by Long View Consulting Engineers	24 August 2021
20.001-024-S04	C1	Jetty Framing Details – Sheet 1 prepared by Long View Consulting Engineers	24 August 2021
20.001-024-S05	C1	Jetty Framing Details – Sheet 2 prepared by Long View Consulting Engineers	24 August 2021
Currency Period
The Currency Period for this development approval lapses on 30 November 2023 if all conditions have not been complied with unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1,500 must be submitted to Council, to secure the performance of all the 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 the 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
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 must not cause any adverse effects on the amenity of the surrounding area including changes to light, views, air quality and noise.
Vessels berthed/moored at the pontoon must be located a minimum of 1.0m from the prolongation of the property boundary of 45 The Anchorage (Lot 792 RP910421) and the property boundary of 41 The Anchorage (Lot 794 RP910421).
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.
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.
A rigid handrail must be fitted on one side of the walkway.
No posts or vertical supports of the proposed jetty are to extend vertically from the structure unless they provide necessary support for the handrail.
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 jetty 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.
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:
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 (ACH Act).
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 ACH 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 Unit to discuss any obligations under the ACH Act.
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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