Delegated Report OPW16/0028.01

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	OPW16/0028.01
	
Author:	Mark Lewis - Coordinator Engineering
	
Project Director:	Kerri Coyle – Manager Planning and Environment
	

SUMMARY:

APPLICATION DETAILS
Application Number:	OPW16/0028.01  OPW16/0028
Applicant:	Pile-It Pty Ltd
Request Received Date:	6/9/2016
Original Approval Type:	Development Permit for Operational Works – Remove old jetty and replace with new twin jetty and boatlifting device
Number of Submissions for Original Application:	N/A

PROPERTY DETAILS
Division:	
Property Address:	29 The Promontory NOOSAVILLE  QLD  4566
RP Description:	Lot 828 SP 102579
Land Area:	No Land Area details available
Existing Use of Land:	Residential

STATUTORY DETAILS
SEQRP Designation:	
Planning Scheme:	The Noosa Plan (16 September 2013)
Strategic Plan Designation:	
Planning Locality:	No planning area defined
Planning Zone:	
Assessment Type:	Change to Approval

PROPOSAL:

The application seeks to change Condition 5 of the approval to allow the constructed twin jetty to remain.
[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).

BACKGROUND:

A Negotiated Decision Notice for a Development Permit for Operational Works – Remove old jetty and replace with new twin jetty and boatlifting device was issued on 12 April 2016. The jetty was proposed to be constructed adjacent to a new deck being constructed within the site. Condition 5 requires the deck to be constructed at a nominated RL or level with the revetment wall and reads as follows:
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.
The jetty has been constructed at the same height as the adjacent on-site decking and is at a level marginally higher than that nominated in the condition.
Note: Provide brief discussion of the original approval and any subsequent approvals that have been issued in relation to the development (eg. OPW, other permissible changes.

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development because Note: provide reasons
The change would not require the application to be referred to additional concurrence agencies;
The original application was code assessable and the change would not cause the application to become impact assessable.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

The applicant has requested the change as they believe that it is not possible to comply with the condition and construct a jetty that is safely accessible from the adjacent decking constructed within the site. The reason given is that the revetment wall has deteriorated over time and is no longer level.

The applicant has provided site photos and a number of plans and letters from architects and surveyors to demonstrate the amount the revetment wall had moved both laterally and vertically. The submitted information does not include a surveyed level of the constructed jetty. The letter from the surveyor states:
The revetment wall has moved laterally by up to 60mm
The revetment wall has moved vertically by up to 40mm

The decking on-site and the twin jetty structure have been constructed as separate structures with engineer (RPEQ) design foundations to ensure that no additional loads are placed on the revetment wall. The deck and twin jetty are not connected to the revetment wall.

To overcome the variances in height of the revetment wall and have separate structures without a change in height (non-standard step height) the deck and twin jetty have been constructed with a finished level of approximately 1.060m AHD (as interpreted from inspection photos). This level is 60mm higher that that permitted by the condition.

It is considered that the marginally higher level of the jetty will not have adverse impacts on the visual amenity of the canal.

In order to provide a safe transition between the deck and jetty that does not adversely affect the revetment wall it is considered reasonable, in this instance, to permit the jetty to be constructed at the higher level of 1.06m AHD.

It is also noted that as a result of agreeing to change the condition that the approved plans will also require annotation by Council.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. OPW16/0028.01, situated at 29 The Promontory NOOSAVILLE  QLD  4566 , in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:

Note: delete the items which are not applicable

A.	Change Condition 1 to read as follows:

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
26046-J1	B	Jetty Plan and Details prepared by SCG Consulting Engineers as annotated by Council	23 March 2016
D15		Typical 1.5 tonne Drive on Pontoon prepared by Superior Jetty Constructions	29 May 2003

B.	Change Condition 5 to read as follows:

Jetties must be constructed with a maximum level walking surface of R.L. 1.06 A.H.D. or be level with the top of the revetment wall.
Note: insert condition numbers

Note: Provide a list of all amended conditions and approved plans as they would appear on the new Decision Notice (ie. with no track changes displayed)

REPORT COVER SHEET
PLANNING

APPLICATION NO:	OPW16/0028.01 OPW16/0028
	
AUTHOR:	Mark Lewis – Coordinator Engineering
	
PROJECT DIRECTOR:	Kerri Coyle – Manager Planning and Environment
	

TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

Is the application required to be decided by the Iconic Panel?:	Yes     /     No
Is referral required to the Councillor Delegated Sign Off Mailbox?:	Yes     /     No
Has a site inspection been undertaken?:	Yes     /     No
Has Infrastructure Policy Branch been notified and a request for an Infrastructure Contributions calculation been made?:	Yes     /     No

Material to give to the Project Director

□	A copy of any previous edited version of the report
□	Plans and documents recommended to become Approved Plans and Documents
□	Location plan / aerial photographs at appropriate scales
□	Copy of all specialist advice and/or memos (or alternatively tagged in the file)
□	Site photos (where obtained)
□	Copy of all referral agency responses (or alternatively summarised in the body of the report)
□	Copies of all adjoining approvals and past approvals for the site as may be relevant

PLANNING OFFICER	MANAGER

Signature:	Signature:
	
Position:   Coordinator Engineering	Position:
	
Date: 28/9/2016	Date:

TO BE COMPLETED BY PROJECT DIRECTOR:
(Note: to be signed after the Councillor Delegated Sign Off referral process is completed (where applicable))

I exercise delegation in accordance with the delegations adopted by Council on <:

Signature:	Date:
	
	

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