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Decision Notice - Approved by Delegation of Authority MCU25 0041 & OPW25 0063 (As Published) · MCU25/0041
Officer: Mark Lewis
Direct Telephone: 07 5329 6249
Our Reference: MCU25/0041
OPW25/0063
Your Reference: 05028
4 June 2025
Wyuna Drive P/L TTE
C/- Marine Structures
18 Ron Parkinson Cres
CORBOULD PARK QLD 4551
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 30 May 2025, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU25/0041 & OPW25/0063
Street address: 25 Wyuna Dr, Noosaville Qld 4566
Real property description: Lot 12 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 and
• Development Permit for Operational Works - Prescribed Tidal Works - Pontoon and
Gangway
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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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-05028-01 B Site Plan & Water Allocation prepared 15 January 2025
by EDGE Consulting Engineers
TJS-05028-02 B Layout Plan prepared by EDGE 10 February 2025
Consulting Engineers
TJS-05028-03 A Elevation prepared by EDGE 3 October 2024
Consulting Engineers
TJS-05028-04 A Pontoon Decking Details prepared by 21 November 2024
EDGE Consulting Engineers
TJS-05028-05 A Pile Setout prepared by EDGE 21 November 2024
Consulting Engineers
TJS-05028-06 A Foam Details, Flat Deck Type with 21 November 2024
Deck Beams prepared by EDGE
Consulting Engineers
Currency Period
2. The Currency Period for this development approval lapses if all conditions have not been
complied with by 30 May 2027, unless an application to extend the currency period is
approved by Council.
Performance Bond
3. 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
4. The approved use is for one (1) Landing as defined by the Noosa Plan 2020 and is to be
used for private purposes only with no commercial operations to be undertaken.
5. The existing Landing is to be decommissioned and wholly removed prior to the
commencement of the use.
6. The maximum number of vessels that may be berthed, moored, attached or stored on the
structure must not exceed 2.
7. 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.
8. Gangways and walkways serving jetties and pontoons have a minimum of 1 rigid handrail
fitted with a minimum width of 750mm and maximum width of 1.5 metres.
9. 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.
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10. Vessels berthed/moored at the Landing must be located a minimum of 3.0 metres from the
prolongation of the property boundaries, and clear of the fish habitat area.
11. Vessels must be connected directly to the Landing and not located side by side or in tandem
with another vessel.
12. All structures must have no detrimental effects on stormwater drains and/or easements.
13. No boatlifting devices are to be attached or moored at the 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 pontoon and gangway are 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.
21. Certification by a Registered Professional Engineer of Queensland that states that the
pontoon and gangway are constructed in accordance with best practice methods and are
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 pontoon and gangway 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
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
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Concurrence SARA at DILGP SARA Planning Regulation The agency provided its
at DILGP Via MyDAS2 2017 response on 14 May
at https://prod2.dev- Schedule 10, Part 17, 2025 (Reference No.
assess.qld.gov.au/suite Division 1 - Tidal Works 2505-45903 SRA). A
/ (for assistance, or work in a Coastal copy of the response is
contact DILGP at 5352 Management District attached
9701 or
email:[email protected]
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
Extent of Approval
1. 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.
General Advisory Notes
2. 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.
3. 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.
4. 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.
5. 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
6. 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.
Performance Bond Agreement
7. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
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11. SUBMISSIONS
Not applicable.
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12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Mark Lewis
Coordinator-Engineering
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. [email protected]
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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2505-45003 SRA Development application for operational works within navigable waterways SARA reference: 2505-45903 SRA Assessment manager: Noosa Shire Council Street address: 25 Wyuna Drive, Noosaville Real property description: Lot 12 on N10576 Applicant name: Wyuna Drive Pty Ltd ACN - 672 438 514 C/- Marine Structures Applicant contact details: 18 Ron Parkinson Crescent CORBOULD PARK QLD 4551 [email protected] Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under considerations: the Human Rights Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. Representations An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (chapter 1, part 7. section 30 of the Development Assessment Rules). Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Karina McGill, Principal Planning Officer, on 07 5352 9707 or via email [email protected] who will be pleased to assist. Yours sincerely Cur Cavannah Deller AJ Principal Planning Officer cc Wyuna Drive Pty Lid ACN - 672 438 514 C/- Marine Structures, [email protected] enc Altachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions Attachment 5 - Documents referenced in conditions State Assessment and Referral Agency Page 2 of 6 Document Set ID: 23772192 Page 8 of 14 Version: 0, Version Date: 01/01/1900
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Attachment 1—Referral agency conditions 2505-45003 SRA (Under section 56(1)(0)(i) of the Planning Act 2076 the following conditions must be altached to any development approval relating to this application) (Copies of the documents referenced below are found at Attachment 5) | Conditions Condition timing Development Permit —- Operational Work Schedule 10, Part 17, Division 3, Table 2, Item 1 — Tidal works or work in a coastal management district - The chief executive administering the Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following conditions: Approved plan(s) 1. The development must be carried out generally in accordance with the following plans: « Site plan and water allocation prepared by Marine Structures dated 15/01/2025, drawing no. TJS-05028-01, Revision B « Layout plan prepared by Marine Structures dated 10/02/2025, drawing no. TJS-0528-02, Revision B. At all times Lighti ing (a) Light/mark all vessels, structures, plant and equipment associated with: i. the works, in accordance with the following specifications: * any anchors deployed must be marked with yellow buoys and fitted with FL yellow lights fitted ii, operations, in accordance with the following specifications: * — section 3 of AS4282-1997 Control of the obtrusive effects of outdoor lighting (b) Lighting provided must not obscure, disguise or otherwise interfere with the safe navigation of other vessel, including the effectiveness For the duration of works for operational to be maintained at all time Document Set ID: 23772192 Version: 0, Version Date: 01/01/1900 of navigational lighting. Protection of navigable waterways 3. The construction, operation and maintenance of the pontoon and any For the duration of ship berthed, moored or attached to the structure, must not: works, and at all (a) encroach into, pass over or under a navigation corridor times (b) be located in a high-risk maritime zone (c) impede the safe navigation of other ships or boats (d) restrict safe access to or from neighbouring structures. 4. Remove and dispose of any debris or similar obstruction encountered For the duration of whilst undertaking the work at an appropriately licensed facility. works, and at all times 5. All piles and/or structure to be demolished both above and below the Prior to the waterline must be completely extracted/removed. completion of the works State Assessment and Referral Agency Page 3 of 6 Page 9 of 14
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(2505-45803 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for the SARA’s decision are: « The development application is for a development permit for operational work that is prescribed tidal work for installation of new catwalk and pontoon system. * The development site is located at 25 Wyuna Drive, Noosaville (formally described as Lot 12 on N10576) within a canal. « The proposed development has been assessed against and complies with State code 7: Maritime Safety of the SDAP version 3.2, with conditions. In particular, the development: © does not compromise the viable operation of aids to navigation © does not compromise the safe operation of vessels in navigable waterways. Material used in the assessment of the application: * the development application material and submitted plans Planning Act 2016 Planning Regulation 2017 the SDAP (version 3.2), as published by SARA the Development Assessment Rules SARA DA Mapping system section 58 of the Human Rights Act 2019 Attachment 4—Representations about a referral agency response provisions (page left intentionally blank) State Assessment and Referral Agency Page 5 of 6 Document Set ID: 23772192 Page 10 of 14 Version: 0, Version Date: 01/01/1900
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(2505-45803 SRA Attachment 5—Documents referenced in conditions (page lef intentionaily blank) State Assessment and Referral Agency Page 6 of 6 Document Set ID: 23772192 Page 11 of 14 Version: 0, Version Date: 01/01/1900
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Weyba s~ Creek
PLANS AND DOCUMENTS
7 referred tointhe REFERRAL
“| AGENCY RESPONSE Sire
SARA ref: 2505-45903 SRA...
Date: 14. May 2028,
S
\ /
\ \ SITE PLAN & = / / noms:
\ \ WATER ALLOCATION / / ISTING STRUCTURES SHOWN IN APPROX POSITONS
\ SCALE 1:250
\
¥ WYUNA DRIVE PTY LTD SITE PLAN & WATER ALLOCATION A3
MARINE LOT 12 (25) WYUMA DRIVE
STRUCTURE: PONTOON
Sse Z PROPOSED & CATWALK TS-05028-01 B
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~ referred to in the REFERRAL {Gi
~~ AGENCY RESPONSE —]
SARA ref: 2505-45903 SRA...
Date: 14. Moy 2028...
= UNA DRIVE PTY LTD LAYOUT PLAN etal
2 MA LOT 12 (25) WYUNA DRIVE
= po HOSA
| RISER PONTOON CATIIAL TDS-05028-02 B
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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