Decision Notice - OPW18/0150

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW18/0150 :
Your Reference:	.
30 July 2018
Pile-It Pty Ltd
PO Box 672
NOOSAVILLE  QLD  4566

[email protected]

Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 25 July 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW18/0150
Street address:	21 Wesley Ct Noosa Heads Qld 4567
Real property description:	Lot 42 N 21843
Planning Scheme:	The Noosa Plan (27 November 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Prescribed Tidal Works (Jetty)
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
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
28136-J1	B	Jetty Plan and Details prepared by SCG Consulting Engineers	23 July 2018
28136-J2		Jetty Accessory’s and Details prepared by SCG Consulting Engineers	April 2018
All structures must be designed and constructed such that they are free standing within the waterway and are not connected to the revetment wall
All structures must have no detrimental effects on stormwater drains and/or easements.
A rigid handrail must be fitted on one side of the walkway.
No posts or vertical supports of the proposed jetty, other than the tie posts indicated on the approved plans, are to extend vertically from the structure unless they provide support for the handrail.
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.
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.
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.
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. 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 Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
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.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDMIP SARA at DSDMP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DSDMP at 5352 9701 or email:[email protected]	Planning Regulation 2017, Schedule 10, Part 17, Division 3, Table 2, Item 1 – Tidal works or work in a coastal management district	The agency provided its response on 12 July 2018  (Reference No. 1807-6178 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General
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.
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.
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.
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
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 on 07 3247 6212 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.

Yours faithfully,

Mark Lewis
Coordinator - Engineering

Enc:	Appeal Rights
Approved Plans/Documents

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

Unitywater

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 12

[Attachment: image10.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image3.png (image text)]
Gonesiand

State Development,

Manufactrn

Infrastructure and Planning
Department of State Development, Manufacturing, Infrastructure and Planning,
Statement of reasons for application 1807-5178 SRA

(Given uncer secon 86 ofthe Planning Act 2016)

 

Departmental ole: Referral agency
Applicant details
“Applicant name: Pilek Py Lid
‘Applicant contact details: PO Box 672
Noosaville GLO 4586
[email protected]

Location details

 

 

‘Street address: 71 Wesley Cour, Noosa Heads
Real property descripon: Lot 42 on N21843,
Local government area: Noosa Shire Council
Development details
Development permit ‘Operational work for private timber jetty
‘Assessment matters
‘Aspect of development “Applicable codes
requiring code assessment
Planing Regulation 2017, ‘Sista Development Assessment Provisions (SDAP), version 2.

‘Schedule 10, Par 17, Division 3, | FastTrack qualifying criteria checkst 4: Tidal works — impacts on
‘Table 2, tem 1 Tidal works or | marine safety (operational work)

‘workin a coastal management

istic

 

 

 

 

Reasons for the department's decision
“The reasons for this decision ae:

‘© Tocensure the development is caried out generally in accordance with the plans of development
_submitad withthe application.

‘+ Tocensure that at all imes, all ights on or above the development site do ct intrfare wih safe
navigation in surrounding waterways.

4+ Totensure the development does not encroach onthe navigation corridor or high risk maritime zone
toensure the safe passage of vessels.

‘+ Tocensure that debris from the development does not create a hazard to navigation

‘© Tocensure that there is no residual material that could create a hazard to navigation.

Findings on material questions of fact
‘um East cueentand (Not) regonat
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‘Aree warecnaoe
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‘+ The development application is for operational work, tidal works, for a private timber jet.

‘©The private timber jetty is attached to 21 Wesley Court, Noosa Heads (Lot 42 on N21843), which
adjoins a canal.

‘The private timber jety wil be located within the canal

1+ The privat timber jay is for a private single vessel pontoon.

‘© Thetidal works, including any structures and any vessel berthed, moored or atached tothe
structure, wil not encroach ino, pass over or under @ navigation corridor, or be located in a high risk
‘martime development zone,

+ Referral agency response issued: 12 July 2018

Evidence or other material on which the findings were based

‘© Development application, including plans provided

‘State Development Assessment Provisions, version 23, published by the Department of State
Development, Manufacturing, Infrastructure and Planning

‘+ Development Assessment Mapping System including the mapping for navigation corridor, and high
risk martime development zone

‘© Development Assessment Rules

+ Planning Act 2016

‘© Planning Regulation 2017

Deparment ot State Development, Manuacumng,Intasiuchre and Paming Pagezer2


[Attachment: image5.png (image text)]
   

ueensiand
orerment

State Development,
Manufacturing,

Infrastructure and Planning
‘Ourreference: 1807-6178 SRA

Yourefernce: OPWIBIDIED

12. July 2018

“The Chief Exeoutve Officer
Noosa Shire Council
PO Box 141

TEWANTIN QLD 4505
[email protected]

‘Attention: MrMark Lewis

Dear MeLewis

Referral agency response—with conditions
(Given under section 66 ofthe Planning Act 2016)

“The development application described below was properly refered to the Department of State
Development, Manufacturing, nrastructure and Planning on 10 July 2018

Applicant details
“Applicant name: Pile Pty Lid
‘Applicant contact details: PO Box 872
‘Noosavile QLD 4568
[email protected]
Location details
‘Street address: 721 Wesley Cour, Noosa Heads
Real property description: Lat 42 on N21843,
Local government area: Noosa Shire Council
Application details
Development permit ‘Operational work for private tmber thy

sia cinerea ory agora

‘ke Aner Bung, evel 3,12 rat
vse varccnaere
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Referral triggers
“The development application was refered tothe depariment under the folowing provisions of the
Planning Regulation 2017:

© 1017324 Tidal works or workin a coastal management dist

Conditions:
Under section 5¢(1)(6)) of the Planning Act 2016 (the Act) the conditions set outin Attachment 1 must
be attached to any development approval,

Reasons for decision to impose conditions
“The deparment must provide reasons forthe dacision to impose conditions. These reasons are set out in
Atschment 2

‘Approved plans and specifications
“The department requires thatthe plans and specications set out below and enclosed must be attached

to any development approval

 

 

 

Drawingireport ttle Prepared by Date Reference no. | Versionvissue
‘Aspect of development: Operational work
“Jely Plan and Details | SOG Consuting T7May 2018 |2ataeut «JA

Engineers

 

 

 

 

 

 

 

‘A copy ofthis response has been sent othe applicant for their information,

For further information please contact Candace Michell, Planning Officer, on 5362 9708 or via email
‘SEGNortiSARA@dsdmip qld gov.au who willbe pleased to assist

‘Yours sincerely

 

Garth Nolan
Manager (Pisnning)

ce Plt Ply Lic, [email protected] au
lene Attachment 1~Constions to be imposed

‘ataorment Reasons for decision to mpose condone
‘Approve plans and specications

Deparment ot State Development, Manuacumng,Intasiuchre and Paming Pagezers


[Attachment: image7.png (image text)]
[Attachment 1—Conditions to be imposed

 

‘Conditions

‘Condition timing

 

We.
‘Development permit for operational work

 

whieh
tothe

“Schedule 10, pan 17, vison 3, table 2, tem 1— Tidal works or work within @
lstrictThe chief executive administering the Planning Act 2016 nominates the Director-General of
the Deparment of Transport and Main Roads to be the enforcement authori

this development approval relates forthe adminisaton and enforcement of any matter relating

folowing condition(s)

‘coastal management

or the development to

 

“The proposed private imberjetly must be carried out generally in
_sczordance with the following pan:
+ Jetty Plan and Details prepared by SCR Consuting
Engineers dated 17 May 2018, drawing no. 28138-J1 and
revision A, as amended in red by SARA on 12 July 2018,

tales,

 

“The structure must be Imarked in sosordanee with the folowing
“specications, such that it does not cause a sk othe safe
navigation of ether ships:

‘+ section 3 of AS#222-1097 Control ofthe obtrusive effects of

‘utdoor lighting

tales,

 

“The constriction, operation or maintananos ofthe structure, and any
Ship berthed, moored or attached to the structure, must not
(@) encroach into, pass over or under a navigation comidor oF
(©) be located ina high isk martime zone.

‘tall imes.

 

“Any debi or similar obsirucion generated whilst underaking the
‘work must be removed from the waterway and suitably disposed of
atthe applicants expense,

While works are
‘ccuring

 

 

‘All piles andlor stuctures to be demolished, both above and below
the waterne must be completely etractedremoved

 

rior to the compton
ofthe works:

 

 

 

Deparment ot State Development, Manuacumng,Intasiuchre and Paming

Pagescrs


[Attachment: image8.png (image text)]
[Attachment 2—Reasons for decision to impose conditions

“The reasons for this decision are:

‘+ Tonsure the development is cariad out generally in accordance with te plans of development
_submitad withthe application.

‘+ Tocensure that at all imes, lights on or above the development ste donot interfere wih safe
navigation in surrounding waterways.

4+ Totensure the development does not encroach onthe navigation corridor or high risk maritime zone
toensure the safe passage of vessels.

‘+ Tocensure that debris from the development does not create s hazard to navigation

‘© Tocensure that there is no residual material that could create a hazard to navigation

Findings on material questions of fact

‘+The development application is for operational work, tidal works, for a private timber jet.

‘©The private timber jetty is attached to 21 Wesley Court, Noosa Heads (Lot 42 on N21843), which
adjoins a canal.

‘The private timber jety wil be located within the canal

1+ The privat timber jay is for a private single vessel pontoon.

‘© Thetidal works, including any structures and any vessel berthed, moored or atached tothe
structure, wil not encroach ino, pass over or under @ navigation corridor, or be located in a high risk
‘martime development zone,

Evidence or other material on which the findings were based

‘© Development application, including plans provided

‘State Development Assessment Provisions, version 23, published by the Department of State
Development, Manufacturing Infrastructure and Planning

‘+ Development Assessment Mapping System including the mapping for navigation corridor, and high
risk martime development zone

‘© Development Assessment Rules

+ Planning Act 2016

‘© Planning Regulation 2017

Deparment ot State Development, Manuacumng,Intasiuchre and Paming Pagesers