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05. Hales - Planning Report
Attached to the e-mail Operational Works Application OPW20/0117 - 37 Mossman Crt Noosa Heads.
DEVELOPMENT ASSESSMENT REPORT
DEVELOPMENT APPLICATION FOR OPERATIONAL WORK (PRESCRIBED TIDAL
WORKS)
LOT 83 N21847
37 MOSSMAN COURT, NOOSA HEADS
File Number: 20153 13 July 2020
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PROJECT URBAN – 20153 13 Jul 2020
DOCUMENT INFORMATION
Project number: 20153
Report prepared for: Mr David & Mrs Louise Hales
DOCUMENT CONTROL
Revision # Date Prepared by Reviewed by Authorised by
Draft 8/07/2020 Trish Belt Glen Wright Glen Wright
Final 13/07/2020 Trish Belt Glen Wright Glen Wright
COMPANY DETAILS
Project Urban Pty Ltd
Suite 1 Corner Surf Road & Gardak Street
ALEXANDRA HEADLAND QLD 4572
Tel: 07 5443 2844
Fax:
Email: [email protected]
Disclaimer Statement
Project Urban Pty Ltd retains ownership and copyright of the contents of this document including drawings, plans, figures and other work
produced by Project Urban Pty Ltd. This document is not to be reproduced in full or any part, unless separately approved by Project Urban Pty
Ltd. The client may use this document only for the purpose of which it was prepared. No third party is entitled to use or rely on this document.
This report is based on our opinion of the town planning issues that arise from the statutory provisions relating to this site. Comments and
conclusions in or construed from this report relating to matters of law are not to be relied upon. You should only rely upon the advice of your
professional legal advisors with respect to matters of law. This report is provided on the basis that our standard Terms and Conditions apply.
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PROJECT URBAN – 20153 13 Jul 2020 TABLE OF CONTENTS 1.0 APPLICATION SUMMARY................................................................................................... 4 2.0 INTRODUCTION ................................................................................................................ 5 3.0 BACKGROUND .................................................................................................................. 6 3.1 PRIOR DEVELOPMENT APPROVALS .......................................................................................................... 6 4.0 SITE DESCRIPTION ............................................................................................................. 7 4.1 SUBJECT SITE & FORESHORE ..................................................................................................................... 7 4.2 MARITIME AMENITY OF THE AREA ........................................................................................................... 8 5.0 PROPOSED WORKS ............................................................................................................ 9 6.0 STATUTORY REQUIREMENTS ........................................................................................... 11 6.1 TYPE OF DEVELOPMENT ........................................................................................................................... 11 6.2 ASSESSMENT TYPE .................................................................................................................................... 11 6.3 OWNER’S CONSENT .................................................................................................................................. 11 6.4 REFERRAL .................................................................................................................................................... 11 6.5 STATE DEVELOPMENT ASSESSMENT PROVISIONS .............................................................................. 11 7.0 PRESCRIBED TIDAL WORKS.............................................................................................. 13 7.1 PRESCRIBED TIDAL WORKS CODE........................................................................................................... 13 8.0 PLANNING SCHEME......................................................................................................... 37 8.1 PLANNING SCHEME – WATERCOURSES WORKS CODE....................................................................... 37 9.0 CONCLUSION .................................................................................................................. 42 Development Assessment Report Page 3 of 42 Operational Works 37 Mossman Court, Noosa Heads 4567
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PROJECT URBAN – 20153 13 Jul 2020
1.0 APPLICATION SUMMARY
SITE DETAILS
Address 37 MOSSMAN COURT, NOOSA HEADS
Real Property Description Lot 83 on N21847
Local Authority Noosa Council
Registered Landowner Mr David Hales & Mrs Louise Hales
PLANNING SCHEME DESIGNATIONS
Planning Scheme The Noosa Plan 2006
Locality / Planning Area Noosa Heads
APPLICATION DETAILS
Applicant David & Louise Hales
Application Type Development Permit for Operational Works (Prescribed Tidal
Works)
Proposal Removal of existing retaining wall, concrete ramp and jetty &
installation of new boundary wall and jetty
Level of Assessment Code
Referrals SARA for the Department of State Development, Manufacture,
Infrastructure & Planning (DSDMIP)
Tidal works within a Coastal Management District
PROJECT TEAM
Town Planning Project Urban
Engineering SCG Consulting Engineers
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PROJECT URBAN – 20153 13 Jul 2020 2.0 INTRODUCTION This Development Assessment Report has been prepared to support a Development Application for Operational Works for Prescribed Tidal Works on behalf of David & Louise Hales. The subject site is located at 37 Mossman Court, Noosa Heads and described as Lot 83 on N21847. Under The Planning Act 2016, the proposal is subject to code assessment. The purpose of this report is to describe the characteristics of the site, detail the proposed development and provide an assessment against the applicable planning provisions. This report is to be read in conjunction with the accompanying covering letter, DA form, engineered plans and engineer design advice. Development Assessment Report Page 5 of 42 Operational Works 37 Mossman Court, Noosa Heads 4567
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3.0 BACKGROUND
3.1 PRIOR DEVELOPMENT APPROVALS
A timber jetty is currently located on site. A search of Queensland Globe records indicates that a
right jetty was approved under Section 86 sanction. Reference number for the sanction is
EH805564. This jetty will be demolished as part of the proposed new works.
Figure 1: Existing approved jetty (Source: Qld Globe 2020)
Existing
jetty to be
removed
Figure 2: Existing approved jetty to be removed (Source: Nearmap 2020)
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4.0 SITE DESCRIPTION
4.1 SUBJECT SITE & FORESHORE
The subject site is located at 37 Mossman Court, Noosa Heads and described as Lot 83 on N21847.
The site’s location and context is illustrated in the figures below:
Subject Site
Figure 3: Location of Subject Site (Google Maps)
Subject Site
Figure 4: Aerial Photograph of Subject Site, NearMap, Accessed July 2020, http://www.nearmap.com
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At the rear or canal side of the property there is a masonry retaining wall behind the house. In
front of the retaining wall and forward of the boundary is a grassed area edged with larger rocks
at the top of the canal foreshore. There is an existing right hand jetty and a concrete boat ramp
on the eastern edge of the property. Figure 5 below shows the existing foreshore.
Boat ramp eastern corner
Existing right hand jetty
Retaining wall at Grassed area with rock edge
rear of house
Figure 5: Existing foreshore (Source: Nearmap)
4.2 MARITIME AMENITY OF THE AREA
The property is located on the eastern end of Mossman Court. The DSDMIP mapping facility
identifies the property as not being within a high-risk maritime development zone and being within
a developed waterway.
Figure 6: Waterway status (Source:- Qld Govt DA Mapping 2020)
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The canal area of Mossman Court and Witta Circle is highly populated with marine structures and
the jetty proposed is in keeping with this amenity. See Figure 7.
Subject Site
Figure 7: Marine amenity Mossman Court & Witta Circle (Source: Nearmap 2020)
5.0 PROPOSED WORKS
This application seeks a Development Permit for Operational Works for:-
1. Removal of the existing retaining wall, boat ramp and jetty; and
2. Installation of a new boundary wall and jetty.
The demolition works is shown in Figure 8 below. This involves the removal of the existing finger jetty,
retaining wall and small concrete ramp located on the south-western corner of the property. The foreshore
rocks and grassed area (labelled as “Landscaping” in figure 8) will also be removed to allow for the
construction of the new boundary wall and reshaped to allow for the jetty entry access.
Figure 8: Demolition works
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The new boundary wall will be constructed along the boundary line of the property with no portion of the
wall extending past the defined boundary. The boundary wall will be constructed of masonry block and have
a finished level of approximately RL 1.5m AHD. The new jetty will be freestanding and not connect to the
new wall but rather abut up to the same level as the top of the new wall.
Figure 9: Proposed works
The jetty deck will initially slope down slightly keeping a low profile in line with the beach level and then level
out with a finished level of RL 0.8m AHD. The jetty will extend a total of 15m from the boundary wall to the
designated quay line. It will be constructed of timber with 200mm diameter treated hardwood piles for
support. The jetty is to be left-turned with a head of 7000mm in length and 1500m in width. There will be a
handrail down one side of the jetty as required for Australian Standards.
Figure 10: Proposed elevation of the works
A safety ladder will be installed on the inside edge of the jetty head for the safety of the users as
required under the Prescribed Tidal Works Code. In addition, a light that meets with Council
requirements is to be provided on the jetty head to ensure navigational safety during darkness
hours.
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The jetty structure will allow for the private mooring of a vessel measuring a maximum of 10m in
length and 4m in beam.
6.0 STATUTORY REQUIREMENTS
6.1 TYPE OF DEVELOPMENT
This application seeks a Development Permit for Operational Works (prescribed tidal works). The proposed
works are for removal of the existing retaining wall, concrete boat ramp and existing jetty and installation of
a new boundary wall and jetty.
6.2 ASSESSMENT TYPE
The proposal is code assessable development located within a local government tidal area where the local
government (Noosa Council) is the Assessment Manager.
Part 17 Division 2 Table 1 of the Planning Regulation 2017 confirms that the assessment benchmark is
schedule 3 of the Coastal Protection and Management Regulation.
Under the requirements of The Noosa Plan, the proposal must also address the Watercourses Works Code.
6.3 OWNER’S CONSENT
Under Division 2 Item 51 of the Planning Act 2016, owner’s consent is not required to support an application
for work on land below HWM and within a canal.
6.4 REFERRAL
In accordance with the Planning Regulation 2017, referral to the State Assessment and Referral Agency
(SARA) is triggered under:-
Schedule 10, Part 17 Division 3 Table 2 for Assessable development under s28 in tidal waters.
The Department of State Development, Manufacture, Infrastructure & Planning has been identified as a
Concurrence Agency for this application.
6.5 STATE DEVELOPMENT ASSESSMENT PROVISIONS
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PROJECT URBAN – 20153 13 Jul 2020 The State Development Assessment Provisions (SDAP) set out the matters of interest to the state. The state assessment and referral agency (SARA) is responsible for assessing or deciding development applications as assessment manager or as a referral agency. Referral for Maritime Safety (State Code 7) is required to be addressed in this instance. An assessment against this code has been undertaken and is included in the application documents. Development Assessment Report Page 12 of 42 Operational Works 37 Mossman Court, Noosa Heads 4567
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7.0 PRESCRIBED TIDAL WORKS
7.1 PRESCRIBED TIDAL WORKS CODE
The proposal complies with the Acceptable Solutions of the Prescribed Tidal Works Code as demonstrated
in the table below.
Performance Criteria Acceptable Solution Comments
Character & Amenity (generally) – Prescribed Tidal Work in a Canal
1.1 Prescribed tidal works in a The design and construction of the Compliant
canal are compatible with its prescribed tidal work is consistent with the
location, having regard to the following standards:- The proposed works are
following:- a) subject to paragraph (c), prescribed consistent with the Mossman
a) the character and Court and Witta Circle maritime
tidal work does not extend past the
development.
amenity of the work’s side boundary or extended side
immediate surroundings boundary of the lot connected to the The jetty does not extend
and the locality within work; within 3m of the prolongations
which the work is located; b) subject to paragraph (c):- of the boundaries in
b) if the relevant planning i) for prescribed tidal works for a accordance with Council
planning scheme.
scheme states the private purpose – the works are
desired character or not roofed; or The proposed works are not
amenity for the work’s ii) for prescribed tidal works for a roofed.
immediate surrounds or non-private purpose – the works
the locality within which are not roofed unless they are the
the work is located – the main access to land;
stated desired character c) if a relevant planning scheme standard
or amenity. is more stringent than the standard
mentioned in paragraph (a) or (b) – the
relevant planning scheme standard, to
the extend it is more stringent than the
standard mentioned in paragraph (a)
or (b);
d) any other relevant planning scheme
standard that is not inconsistent with
the standards mentioned in
paragraphs (a) to (c)
Performance Criteria Acceptable Solution Comments
Character & Amenity (generally) – Prescribed Tidal Work NOT in a Canal
2.1 Prescribed tidal works not The design and construction of the Not applicable
in a canal are compatible with prescribed tidal work is consistent with the
its location, having regard to following standards:- The proposed works are
the following – a) subject to paragraph (d), prescribed located within a canal.
a) the character and tidal works do not extend past the side
amenity of the work’s boundary or extended side boundary
immediate surrounds of the lot connected to the work;
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Performance Criteria Acceptable Solution Comments
Character & Amenity (generally) – Prescribed Tidal Work NOT in a Canal
and the locality within b) subject to paragraph (d), prescribed
which the work is located; tidal works are the only work of its type
b) if the relevant planning along the edge of the tidal water
scheme states the fronting the lot connected to the work;
desired character or c) subject to paragraph (d):-
amenity for the work’s (i) for prescribed tidal works for a
immediate surrounds or private purpose - the works are
the locality within which not roofed; or
the work is located – the (ii) ii) for prescribed tidal works for a
stated desired character non-private purpose – the works
or amenity. are not roofed unless they are the
main access to land;
d) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a), (b) or (c) –
the relevant planning scheme
standard, to the extent it is more
stringent than the standard mentioned
in paragraph (a), (b) or (c).
e) any other relevant planning scheme
standard that is not inconsistent with
the standards mentioned in
paragraphs (a) to (d).
Performance Criteria Acceptable Solution Comments
Character & Amenity (materials and colours)
3.1 Prescribed tidal work is The height, scale and size of the prescribed Compliant.
of a height, scale and size to tidal work is consistent with each relevant
ensure the work is planning scheme standard. The proposed works are
compatible with the consistent with the planning
character and amenity of its scheme requirements of
location, having regard to structures outside of the Noosa
the following:- Waters canal.
a) the height, scale and
size of the natural The minimum setbacks are in
features of the work’s place.
immediate surrounds
and the locality within The jetty is of the preferred
which the work is sizing.
located;
b) the height, scale and Character and amenity will
size of the existing remain in keeping with the
buildings or other marine infrastructure of the
structures in the work’s immediate area.
immediate
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Performance Criteria Acceptable Solution Comments
Character & Amenity (materials and colours)
surroundings and the
locality within which the
work is located;
c) if the relevant planning
scheme states the
desired height, scale or
size of buildings or
other structures in the
work’s immediate
surroundings or the
locality within which the
work is located – the
stated desired height,
scale or size.
Performance Criteria Acceptable Solution Comments
Character & Amenity (materials and colours)
4.1 The materials used for, The materials used for, and colours of, the Compliant.
and the colours of, prescribed tidal work are consistent with
prescribed tidal work are each relevant planning scheme standard. The materials and colours used
compatible with the for the proposed structure will
character and amenity of be commensurate with similar
the work’s location, having structures in the locality,
regard to the following:- providing a consistent amenity
a) the natural features of value.
the work’s immediate
surroundings and the
locality within which the
work is located;
b) the existing buildings or
other structures in the
work’s immediate
surroundings and the
locality within which the
work is located;
c) if the relevant planning
scheme states the
desired materials to be
used for, or desired
colours of, buildings or
other structures in the
work’s immediate
surroundings or the
locality within which the
work is located – the
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Performance Criteria Acceptable Solution Comments
stated desired materials
or colours.
Performance Criteria Acceptable Solution Comments
Lighting
5.1 Lighting, other than an The lighting for the prescribed tidal work, Not applicable.
aid to navigation, for other than an aid to navigation, is
prescribed tidal work is consistent with the following standards:- No lighting is proposed other
installed in a way to ensure a) subject to paragraph (c), lighting for than that required for safe
the security and safe use of prescribed tidal work is hooded and navigation.
the work without causing directed downwards;
significant adverse effects b) subject to paragraph (c), each lighting
on the amenity of the standard, to the extent relevant;
locality within which the c) if a relevant planning scheme standard
work is located. is more stringent than the standard
mentioned in paragraph (a) or (b) – the
relevant planning scheme standard, to
the extent the standard is more
stringent than the standard mentioned
in paragraph (a) or (b);
d) any other relevant planning scheme
standard that is not inconsistent with
the standards mentioned paragraphs
(a) to (c).
Performance Criteria Acceptable Solution Comments
Signage
6.1 A sign erected or A sign erected or otherwise placed in Not applicable.
otherwise placed in position position for prescribed tidal work, other
for prescribed tidal work, than a sign erected or placed for safety No signage is proposed as part
other than a sign erected or reasons, is consistent with the following:- of this application.
placed for safety reasons or a) subject to paragraph (c), a sign erected
under an Act:- or placed in position for identifying
a) is compatible with the prescribed tidal work, or the owner of
character and amenity the work, is the only sign erected or
of the work’s immediate placed in position for identifying the
surroundings and the work or owner;
locality within which the b) subject to paragraph (c), a sign erected
work is located; and or otherwise placed in position for
b) is not a dominant prescribed tidal work is integrated into
feature of the work, the design and construction of the
unless the dominance is work;
for safety reasons. c) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
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Performance Criteria Acceptable Solution Comments
the extent it is more stringent than the
standard mentioned paragraph (a);
d) any other relevant planning scheme
standard that is not inconsistent with
the standards mentioned in
paragraphs (a), (b) and (c).
Performance Criteria Acceptable Solution Comments
Earthwork and Vegetation
7.1 Excavation and filling for The earthwork and filling for the prescribed Compliant.
prescribed tidal work:- tidal work is consistent with each relevant
a) is carried out only to the planning scheme standard. Only the minimum excavation
extent reasonably necessary for the wall works
necessary for the work; and placement of the jetty will
and occur. A temporary sediment
b) does not have a control measure will be used
significant adverse and this is shown on the
effect on:- proposed plans.
(i) the natural features,
including the banks,
of the tidal water in
the works’
immediate
surroundings; or
(ii) the level of the
surface of the land
under the tidal
water in the works’
immediate
surroundings or any
foreshore near the
works.
7.2 The location and Vegetation on land affected by the Not applicable.
construction of prescribed prescribed tidal works is dealt with in a way
tidal works ensures consistent with the following standards:- No vegetation will be disturbed
vegetation is cleared or a) subject to paragraph (b), the clearing on the site.
disturbed only to the extent or disturbance of vegetation for a
reasonably necessary for the purpose associated with the
work. construction of prescribed tidal works,
including, for example, parking for
construction or workers’ vehicles or
stockpiling of construction materials –
(i) Is avoided; or
(ii) If the clearing or disturbance of
vegetation for a purpose
associated with the construction of
a works cannot be avoided – the
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Performance Criteria Acceptable Solution Comments
Earthwork and Vegetation
clearing or disturbance is limited
to the smallest area of land
reasonably necessary for the
purpose;
b) any other relevant planning scheme
standard that is not inconsistent with
paragraph (a).
7.3 After the construction Land or vegetation affected by the Compliant.
of prescribed tidal works, prescribed tidal works is dealt with in a way
any land damaged or consistent with the following standards:- The top of the canal bank will
destabilized by, and any a) subject to paragraph (b):- be returned to its natural profile
vegetation damaged, i) land surfaces damaged or as part of the works.
destroyed or removed by, destabilised by the prescribed
the construction of the tidal works are restored an
works is rehabilitated. stabilised; and
ii) vegetation damaged,
destroyed or removed by
prescribed tidal works is
replaced with native
vegetation for the locality
within which the work is
located, to the extent it is
reasonably practicable to
replace the vegetation with
native vegetation;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned paragraph (a);
c) any other relevant planning scheme
standard that is not inconsistent with
the standards mentioned in
paragraphs (a) and (b).
Performance Criteria Acceptable Solution Comments
Public access – availability
8.1 Prescribed tidal works The design and construction of the Compliant
do not have a significant prescribed tidal work is consistent with:-
adverse effect on the a) subject to paragraph (b), prescribed There is no public access
availability of public access tidal works do not involve the erection permitted along the foreshore
to, along or across State or placement of any physical barrier in this location. The proposed
coastal land. preventing existing public access, structure does not involve the
along or across State coastal land near erection of any physical barrier
the works;
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Performance Criteria Acceptable Solution Comments
b) if a relevant planning scheme standard preventing access along the
is more stringent than the standard in foreshore.
paragraph (a) – the relevant planning
scheme standard, to the extent it is
more stringent than the standard in
paragraph (a);
c) any other relevant planning scheme
standard that is not inconsistent with the
standards in paragraphs (a) and (b).
Performance Criteria Acceptable Solution Comments
Public access – safety
9.1 The location and design Public access to State coastal land near the Compliant.
of prescribed tidal works prescribed tidal works is consistent with
does not adversely affect each relevant planning scheme standard. The proposed structure does
the safety of members of not affect the safety of
the public accessing State members of the public
coastal land. accessing the foreshores, as
there is no access along the
foreshore available.
Performance Criteria Acceptable Solution Comments
Navigable access to, or egress from, lots that adjoin, or are in the immediate surroundings of, a lot connected
to prescribed tidal works
10.1 Prescribed tidal works The design and construction of the Compliant.
that are for a private prescribed tidal work is consistent with the
purpose do not adversely following standards:- The proposed structure does
affect navigable access to, a) subject to paragraph (b), not intrude within 3m of the
or navigable egress from, prescribed tidal works:- extended side boundaries.
any lot that adjoins, or is in i) for a lot connected to the
the immediate surroundings works for which there is a The proposed new boundary
of, a lot connected to water allocation area – are not wall structure is to be located
prescribed tidal works. constructed outside the water across the full width of the
allocation area; and property however it will not
ii) for a lot connected to works interfere with any navigable
for which there is no water access to or from neighbouring
allocation area – are no closer properties.
than 1.5m to that lot’s side
boundary or extended side
boundary;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the relevant
planning scheme standard, to the extent it
is more stringent than the standard
mentioned in paragraph (a).
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Performance Criteria Acceptable Solution Comments
Infrastructure, including, access, parking, sewerage and water services
11.1 Prescribed tidal work The infrastructure for prescribed tidal work N/A
has appropriate is consistent with each relevant planning
infrastructure, including, in scheme standard. The proposed structure does
particular, road access, not require any additional
parking facilities, sewerage services of this nature.
services and water services,
having regard to the
following:-
a) the nature and scale of
the work; and
b) the number of people
that may be on or at the
work at any time; and
c) the number of vehicles
that may be on or
moored at the work at
any time; and
d) the protection of any
foreshores near the
work and the vegetation
and marine plants on
the foreshores
Performance Criteria Acceptable Solution Comments
Design, construction and safety – all prescribed tidal work
12.1 Prescribed tidal works The design and construction of the Compliant.
are designed and prescribed tidal work is consistent with the
constructed in a way to following standards:- The proposed structure will be
ensure it is structurally a) subject to paragraph (c), each consistent with Australian
sound, having regard to the Australian Standard relevant to the Standards relevant to the
following:- design or construction of structures, to design and construction of the
a) relevant engineering the extent requirements stated in the structure. All requirements will
standards; Standard apply to the design or be addressed in the engineered
b) the location of the work; construction of prescribed tidal works; plans and as contained in the
c) the purpose for which b) subject to paragraph (c), the projected structural certificate.
the work is to be used; sea level rise is factored into the design
d) the impact of flooding, and construction of the prescribed
storm tide, overtopping tidal works;
by waves, projected sea c) if a relevant planning scheme standard
level rise, tidal is more stringent than any standard
influences and mentioned paragraph (a) – the relevant
hydrodynamic forces; planning scheme standard, to the
e) the design life of the extent it is more stringent than the
works; standard mentioned in paragraph (a)
or (b).
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – all prescribed tidal work
f) the dead load of the
works and the intended
live load for the works;
g) the impact of
hydrostatic pressures
on the works;
h) the stability of
individual components
of the works, including
for example, boulders,
concrete blocks or
sandbags.
12.2 Prescribed tidal work The design and construction of the Compliant.
does not adversely affect prescribed tidal work is consistent with the
the structural integrity of following standards:- The proposal includes the
any existing revetment or a) subject to paragraph (b), prescribed installation of a new boundary
seawall or another existing tidal works, including any shore wall. The proposed jetty will
structure. abutment, piling or other structure not attach to the new wall so no
connected with the work:- additional loads will be placed
(i) does not place an additional load on this wall.
on any existing revetment or
seawall or another existing
structure; or
(ii) can be structurally supported by
an existing revetment or seawall or
another existing structure;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a).
12.3 Prescribed tidal work The design and construction of the Compliant.
are designed and prescribed tidal works is consistent with
constructed in a way to the following standards:- The proposed works will
ensure it does not adversely a) subject to paragraph (b), prescribed involve only minimal
affect the stability of the bed tidal work does not cause, by changing disturbance to the canal bed
and banks of any tidal water. the flow of water, the removal of, or and banks during the works.
disturbance to, the sediment on the Temporary sediment control
bed and banks of any tidal water; measures will be input in place
b) if a relevant planning scheme standard as per the proposed plans. The
is more stringent than the standard effects will be relatively short
mentioned in paragraph (a) – the term. This is certified in the
relevant planning scheme standard, to engineer’s certificate.
the extent it is more stringent than the
standard mentioned in paragraph (a).
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – all prescribed tidal work
12.4 Prescribed tidal works The design and construction of the Compliant.
are designed and prescribed tidal works is consistent with
constructed using materials the following standards:- The proposed structure will be
suitable for marine a) subject to paragraph (b), each constructed utilizing materials
environments, having Australian Standard relevant to the that have a long life and are
regard to their ability to materials that should be used, or the resilient to marine organisms,
resist the following:- measures that should be taken to treat corrosion and saltwater. The
a) attack by marine materials used, for structures, to the engineered plans show the
organisms; extend the requirements stated in the materials used.
b) corrosion; Standard apply to structures located in
c) deterioration or a marine environment;
breakage resulting from b) if a relevant planning scheme standard
exposure to is more stringent than the standard
environmental mentioned in paragraph (a) – the
conditions including, for relevant planning scheme standard, to
example, the following:- the extent it is more stringent than the
(i) abrasion; standard mentioned in paragraph (a).
(ii) immersion
in seawater;
(iii) wave
action.
12.5 Prescribed tidal works The design and construction of the Not applicable.
are designed and prescribed tidal works is consistent with
constructed in a way to the following standards:- There are no stormwater
ensure they do not a) subject to paragraph (c), vessels outlets near the proposal.
adversely affect the moored at prescribed tidal work do not
operation or maintenance impede the discharge of stormwater;
of any existing stormwater b) subject to paragraph (c), prescribed
outlet. tidal work does not restrict access to
any stormwater outlet;
c) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a)
or (b).
12.6 Prescribed tidal works The design and construction of the Compliant.
are designed and prescribed tidal works is consistent with
constructed in a way to the following standards:- The proposed structure will
ensure they do not a) subject to paragraph (b), each involve only minimal and short
adversely affect the water Australian Standard relevant to the term disturbance to the canal
quality of any tidal water, design or construction of structures bed during the works. There
including, in particular, as a under, within or over tidal water, to the will be temporary sediment
result of:- extent the requirements stated in the control measures put in place
a) release, into the tidal Standard are directed at maintaining to keep disturbance
water, of materials used the water quality of tidal water; minimalized for the duration of
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – all prescribed tidal work
in the construction of b) if a relevant planning scheme standard the works. The location of the
the work; or is more stringent than the standard control is shown on the
b) disturbance to the mentioned in paragraph (a) – the proposed plans.
sediment on the bed relevant planning scheme standard, to
and banks of the tidal the extent it is more stringent than the
water; or standard mentioned in paragraph (a).
c) exposure to acid
sulphate soils.
12.7 Prescribed tidal works The design and construction of the Compliant.
are designed and prescribed tidal works is consistent with
constructed in a way to the following standards:- The proposed works will be
ensure it is safe for persons a) subject to paragraph (d), each consistent with the relevant
using the works. Australian Standard relevant to the Australian Standards. This is
design or construction of structures, incorporated in the engineer’s
the materials that should be used, for certificate.
structures, to the extend the The proposed works will be
requirements stated in the Standard suitable for each required
are directed at ensuring any surface of purpose and this is certified by
prescribed tidal works on which may the engineer’s certificate.
stand or walk is:- on which a person
may stand or walk is:-
(i) not slippery; and
(ii) does not have any feature that
may cause the person to trip or fall;
b) subject to paragraph (d), any part of
prescribed tidal works that is unsafe for
persons standing or walking on the
work is surrounded by adequate
barriers to deter persons from entering
the part;
c) subject to paragraph (d), each
Australian Standard relevant to the
design or construction of structures, to
the extent the requirements stated the
Standard are directed at ensuring
prescribed tidal works provide safety
ladders or other design features for the
safety of a person who falls off the
works into water;
d) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a), (b) or (c) –
the relevant planning scheme
standard, to the extent it is more
stringent than the standard mentioned
in paragraph (a), (b) or (c).
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – all prescribed tidal work
12.8 Appropriate measures The design and construction of the Not applicable.
are taken for prescribed prescribed tidal works is consistent with
tidal works for a non-private the following standards:- The proposed structure is for
purpose to ensure an a) subject to paragraph (b), prescribed private use.
unsupportable live load is tidal work has erected or placed in
not applied to the work by position on or near the work, a sign
persons or vehicles. that:-
(i) is visible at all times; and
(ii) states the maximum live load that
may be applied to the work, in
terms of the maximum number of
persons that may be on the work
at any given time or the maximum
number of vehicles of a particular
type that may be on or moored at
the work at any given time;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than that
mentioned in paragraph (a).
12.9 Prescribed tidal works, The design and construction of the Compliant.
other than a prescribed deck prescribed tidal works is consistent with
for a private purpose, are each relevant planning scheme standard. The proposed jetty structure is
designed and constructed compliant with Council
to ensure the use of tidal requirements. The proposed
water in a canal for a non- boundary wall will be
maritime purpose is constructed completely within
minimised. the freehold boundary.
12.10 Prescribed tidal (s 5(2) outcome) Not applicable.
works that are a prescribed The design and construction of the
deck and for a private prescribed deck is consistent with the The proposal is not a
purpose, are designed and following standards:- prescribed deck.
constructed in a way that a) subject to paragraph (c), a boardwalk
ensures the use of tidal or independent deck does not extend
water in a canal for a non- more than 3m from the waterfront
maritime purpose is boundary of the lot connected to the
minimised. boardwalk or deck;
b) subject to paragraph (c), a boardwalk
or independent deck is at least 3m
inside of the side boundary or
extended side boundary of the lot
connected to the boardwalk or deck;
c) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – all prescribed tidal work
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a)
or (b).
Performance Criteria Acceptable Solution Comments
Design, construction and safety – boat ramps and slip ways for private purpose
13.1 Prescribed tidal works (s 5(2) outcome) Not applicable.
that are a boat ramp or slip
way for a private purpose is The design and construction of the boat The proposal is not a boat ramp
designed and constructed in ramp or slip way is consistent with the or slip way.
a way to ensure it is following standards:-
structurally sound while also a) subject to paragraph (c), the walls at
ensuring the safe movement the edge of a boat ramp or slip way
of vehicles or persons penetrate into the earth at least
between the boat ramp or 600mm below the surface of the land
slipway and the surface of the on which the boat ramp or slip way is
land on which the boat ramp located;
or slip way is located. b) subject to paragraph (c), the surface of
a boat ramp or slip way is not more
than 200mm above the surface of the
land on which is it located;
c) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a)
or (b).
13.2 Prescribed tidal works The design and construction of the boat Not applicable.
that are a boat ramp or slip ramp or slip way is consistent with the
way for a private purpose are following standards:- The proposal is not a boat ramp
designed and constructed in a) subject to paragraph (d), the upper or slip way.
a way to ensure the safe surface of a boat ramp or slip way has
movement of vehicles or a width of:-
persons over the boat ramp (i) for a boat ramp or slipway with
or slip way. vehicle access – no less than
3.6m; or
(ii) for a boat ramp or slipway
without vehicle access – no
less than 3.0m;
b) subject to paragraph (d), the whole
upper surface of a boat ramp or slip
way is treated to prevent it from
becoming slippery by using any of the
following methods:-
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – boat ramps and slip ways for private purpose
i) forming grooves over the
surface, as close as possible to
40mm wide, 20mm deep and
150mm apart, and at an angle
as close as possible to 70
degrees to the centre-line of
the boat ramp or slip way;
ii) covering the surface with a
substance ordinarily used on
to prevent skidding;
iii) making, through a physical
act, the surface coarse before
it sets, including, for example,
by raking the surface;
c) subject to paragraph (d), the upper
surface of a boat ramp / slip way for
which a winch is not used to hoist or
haul vessels onto the boat ramp / slip
way has a gradient not steeper than:-
i) if the surface is treated by using a
method mentioned in paragraph
(b)(i) or (ii) – 1:7; or
ii) otherside – 1:10;
d) if a relevant planning scheme standard
is more stringent than the standard in
paragraph (a), (b) or (c) – the relevant
planning scheme standard, to the
extent it is more stringent than the
standard in paragraph (a), (b) or (c).
Performance Criteria Acceptable Solution Comments
Design, construction and safety – bridges
14.1 Prescribed tidal works The design and construction of the bridge Not applicable.
that are a bridge do not is consistent with:
adversely affect existing a) subject to paragraph (b), the clearance The proposal is not a bridge.
public use of any tidal water, levels under a bridge are high enough
including, for example, use of to allow continued public use of any
the tidal water for canoeing, tidal water over which it is constructed;
swimming or other b) if a relevant planning scheme standard
recreational activities. is more stringent than the standard in
paragraph (a) – the relevant planning
scheme standard, to the extent it is
more stringent than the standard in
paragraph (a).
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – bridges
14.2 Prescribed tidal works The design and construction of the bridge Not applicable.
that are a bridge do not is consistent with:-
adversely affect the flow of a) subject to paragraph (b) – The proposal is not a bridge.
water under the bridge. (i) if a bridge can be adequately
supported without erecting or
placing a foundation support in
tidal water – no foundation
support to support the bridge is
erected or placed in the tidal
water; or
(ii) otherwise – only the minimum
number of foundation supports
required to support the bridge is
used;
b) if a relevant planning scheme standard
is more stringent than the standard in
paragraph (a) – the relevant planning
scheme standard, to the extent it is
more stringent than the standard in
paragraph (a).
Performance Criteria Acceptable Solution Comments
Design, construction and safety – prescribed decks
15.1 Prescribed tidal works (s 5(2) outcome) Not applicable.
that are a prescribed deck and The design and construction of the
for a private purpose are prescribed deck is consistent with:- The proposal is not a
designed and constructed in a a) subject to paragraph (b), each of the prescribed deck.
way to ensure it is able to following Australian Standards to the
support its intended loads, extent requirements stated in the Standard
having regard to its relevant apply to relevant loading matters for the
loading matters. design or construction of the prescribed
deck:-
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 4997;
b) if a relevant planning scheme standard
is more stringent than the standard in
paragraph (a), (b) or (c) – the relevant
planning scheme standard, to the extent it
is more stringent than the standard in
paragraph (a), (b) or (c).
15.2 Prescribed tidal works (s 5(2) outcome) Not applicable.
that are a prescribed deck and The design and construction of the
for a non-private purpose are prescribed deck is consistent with the The proposed works is not a
designed and constructed in a following standards:- prescribed deck.
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – prescribed decks
way to ensure it is able to a) subject to paragraph (b), each of the
support its intended loads, following Australian Standards to the
having regard to its relevant extent requirements stated in the Standard
loading matters. apply to relevant loading matters for the
design or construction of the prescribed
deck:-
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 4997;
b) if a relevant planning scheme standard
is more stringent than the standard in
paragraph (a) – the relevant planning
scheme standard, to the extent it is more
stringent than the standard in paragraph
(a).
15.3 Prescribed tidal work The design and construction of the Not applicable.
that is a prescribed deck do boardwalk or deck is consistent with the
not prevent or hinder following standards:- The proposal is not a
remedial work being a) subject to paragraph (b), a boardwalk or prescribed deck.
undertaken on any bank of independent deck either:-
tidal water or for any existing (i) can be easily dismantled and
retaining wall, revetment or reassembled; or
seawall or another existing (ii) does not restrict the movement of
structure. machinery ordinarily used for
remedial work to any bank of tidal
water or any existing retaining
wall, revetment or seawall or other
existing structure;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the relevant
planning scheme standard, to the extent it
is more stringent than the standard
mentioned in paragraph (a).
Performance Criteria Acceptable Solution Comments
Design, construction and safety – jetties and piers
16.1 Prescribed tidal works (s 5(2) outcome) Compliant.
that are a jetty or pier are The design and construction of the jetty or
designed and constructed in a pier is consistent with the following The proposed jetty has been
way to ensure it is able to standards:- engineered for this purpose
support its intended loads, a) subject to paragraph (b), each of the and the relevant loads are
having regard to its relevant following Australian Standards to the reflected on the plans.
loading matters. extent requirements stated in the
Standard apply to relevant loading
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – jetties and piers
matters for the design or construction
of the jetty or pier:-
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS 4997;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a).
16.2 Prescribed tidal works The design and construction of the jetty or Compliant.
that are a jetty or a pier are pier is consistent with the following
designed and constructed in a standards:- The proposed jetty has a
way to ensure it remains a) Subject to paragraph (b), either:- handrail that will extend above
above the water at highest (i) The level of the deck of a jetty the HAT water mark to indicate
astronomical tide. or pier is at least 300mm the presence of the inundated
above the water at highest jetty.
astronomical tide; or
(ii) Piles or other markers indicate
the presence of the jetty or
pier when it is inundated;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a).
16.3 Prescribed tidal works (s 5(2) outcome) Compliant.
that are a jetty or pier and for The design and construction of the jetty or
a private purpose and are on pier is consistent with the following The proposed jetty meets with
State tidal land are designed standards:- the Council planning scheme
and constructed in a way to (a) subject to paragraph (b):- requirement in that no part of
ensure the jetty or pier is of a (i) all parts of the deck of the the deck of the jetty is wider
size suitable for the use of a jetty or pier have a width of at than 1500mm.
vessel while still minimizing least 900mm and not more
the amount of tidal water than 3m and The proposed jetty is within the
occupied by the jetty or pier. (ii) All parts of the jetty or pier are water allocation area for the
within a water allocation area connecting lot.
for the lot connected to the
jetty or pier;
(b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – jetties and piers
the extent it is more stringent than the
standard mentioned in paragraph (a).
Performance Criteria Acceptable Solution Comments
Design, construction and safety – pipelines and other underground services
17.1 The design and (s 5(2) outcome) Not applicable.
construction of prescribed The design and construction of the
tidal works that are a pipeline, pipeline or underground service is The proposal is not a pipeline
or another underground consistent with the following standards:- or another underground
service ensures vessels a) subject to paragraph (b):- service.
anchoring near the works (i) for a pipeline that is gas or
cannot interfere with, or liquid petroleum pipeline –
damage, the works. AS/NZS 2885 to the extent
requirements stated in the
Standard apply to the design
or construction of the pipeline;
or
(ii) for another pipeline or other
underground service – the
pipeline or service is installed
at least 1.2m below the surface
of land, after it is installed;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a).
Performance Criteria Acceptable Solution Comments
Design, construction and safety – pontoons
18.1 Prescribed tidal works (s 5(2) outcome) Not applicable.
that are a pontoon and not
used only for rowing, are The design and construction of the The structure is not a pontoon.
designed and constructed in a pontoon is consistent with the following
way to ensure it is able to standards:-
support its intended loads, a) subject to paragraph (b), each of the
having regard to its relevant following Australian Standards to the
loading matters. extent requirements stated in the
Standard apply to relevant loading
matters for the design or construction
of the jetty or pier:-
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS1170.4
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – pontoons
(v) AS 3962
(vi) AS 4997;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a)– the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a).
18.2 Prescribed tidal works (s 5(2) outcome) Not applicable.
that are a pontoon and used The design and construction of the
only for rowing, are designed pontoon is consistent with the following The proposed structure is not a
and constructed in a way to standards:- pontoon.
ensure:- (a) subject to paragraph (b):-
(a) the pontoon is able to (i) for a pontoon constructed
support its intended loads, within a marina – AS 3962 to
having regard to its relevant the extend requirements
loading matters; and stated in the Standard apply to
(b) the pontoon is safe for relevant loading matters for
persons using the pontoon to the design or construction of
launch and retrieve rowing the pontoon; or
vessels. (ii) for a pontoon not constructed
within a marina:-
(A) the access walkway of a
pontoon used only for rowing
is able to support at least a live
load of 3.0kPa; and
(B) the flotation unit of a pontoon
used only for rowing is able to
support at least a live load of
1.5kPa; and
(C) at least 75mm of the height of
the pontoon’s flotation unit
will remain above the surface
of the water over which it is
constructed if a distributed live
load is applied to half of the
surface of the pontoon’s
flotation unit and all of the
surface of the pontoon’s
access walkway;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a).
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – pontoons
18.3 Prescribed tidal works (s 5(2) outcome) Not applicable.
that are a pontoon are The design and construction of the
designed and constructed in a pontoon is consistent with the following The proposed structure is not a
way to ensure any load standards:- pontoon.
applied to the pontoon by a a) subject to paragraph (b):-
person or thing on the (i) for a pontoon constructed
pontoon does not cause the within a marina – AS 3962 to
pontoon to tip over or tilt to a the extent requirements
degree causing the person or stated in the Standard apply to
thing to fall off the pontoon. relevant loading matters for
the design or construction of
the pontoon; or
(ii) for a pontoon not constructed
within a marina:-
the pontoon’s access walkway
extends at least 500mm onto
the pontoon’s flotation unit;
and
for a pontoon use only for
rowing – at least 75mm of the
height of the pontoon’s
flotation unit remains above
the water over which it is
constructed if a distributed live
load is applied to half of the
surface of the pontoon’s
flotation unit and all of the
surface of the pontoon’s
access walkways; and
for a pontoon other than a
pontoon mentioned in sub-
subparagraph (B) – the top
surface of the pontoon’s
flotation unit remains above
the water over which it is
constructed if a distributed live
load of 1.5kPa is applied to
half of the surface of the
pontoon’s flotation unit and
all of the surface of the
pontoon’s access walkways;
and
the whole base of the
pontoon’s flotation unit
remains in contact with the
water over which it is
constructed at all times and
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – pontoons
tilts no more than 15o at any
time;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a)– the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a).
18.4 Prescribed tidal works The design and construction of the Not applicable.
that are a pontoon are pontoon is consistent with the following:-
designed and constructed in a a) subject to paragraph (c), the pontoon’s The proposed structure is not a
way to ensure the pontoon’s flotation unit is:- pontoon.
flotation unit will:- (i) attached, through the
(a) rise and fall to allow for a pontoon’s system for mooring
change in tidal water levels, the unit, to concrete anchors
including a change caused by in the bank landward of the
a flood or storm tide; and pontoon; or
(b) not be separated from the (ii) moored by piles;
lot to which the pontoon is b) subject to paragraph (c), if a tidal water
connected because of:- level change resulting from a flood or
(i) a change in tidal water storm tide with an AEP of 1% would
levels mentioned in cause a pontoon’s flotation unit to
paragraph (a); or detach from the system for mooring
(ii) the flow of tidal water the unit:-
around the pontoon, (i) the standard applying under
including tidal water affected paragraph (a); and
by a flood or storm tide. (ii) the pontoon’s flotation unit is
restrained with a tethering system to
withstand the effects of the event;
c) if a planning scheme standard is more
stringent than the standard mentioned
in paragraph (a) or (b)– the planning
scheme standard, to the extent it is
more stringent than the standard
mentioned in paragraph (a) or (b).
18.5 Prescribed tidal works The design and construction of the Not applicable.
that are a pontoon identifies pontoon is consistent with the following
the lot to which the pontoon standards:- The proposed structure is not a
is connected. a) a label that identifies the lot to which pontoon.
the pontoon is connected is written or
stamped on, or fixed to, the outside of
the pontoon’s floatation unit;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph a) – the
relevant planning scheme standard to
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – pontoons
the extent it is more stringent than the
standard mentioned in paragraph a).
18.6 Prescribed tidal works (s 5(2) outcome) Not applicable.
that are a pontoon The design and construction of the
permanently used for the pontoon is consistent with the following The proposed structure is not a
fueling of, or the storage of standards:- pontoon.
fuel for, vessels are designed (a) subject to paragraph (c), each of the
and constructed in a way to following Australian Standards to the
ensure:- extent requirements stated in the
(a) the pontoon is able to Standard apply to relevant loading
support its intended loads, matters for the design or construction
having regard to its relevant of the pontoon:-
loading matters; and (i) AS/NZS 1170.0;
(b) the pontoon is safe for (ii) AS/NZS 1170.1;
persons using the pontoon. (iii) AS/NZS 1170.2;
(iv) AS1170.4
(v) AS 4997;
(b) Subject to paragraph (c), AS 3962 to
the extent requirements stated in the
Standard apply to a pontoon
permanently used for the fueling of, or
the storage of fuel;
(c) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) or (b) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a)
or (b).
Performance Criteria Acceptable Solution Comments
Design, construction and safety – revetments and seawalls
19.1 Prescribed tidal works (s 5(2) outcome) Compliant.
that are a revetment or The design and construction of the
seawall are designed and revetment or seawall is consistent with the The engineer’s certificate
constructed in a way to following standards:- attached to the application
ensure it is able to support its a) subject to paragraph (c), each of the confirms the design is in
intended loads, having following Australian Standards to the accordance with the relevant
regard to its relevant loading extent requirements stated in the standards.
matters and its intended Standard apply to relevant loading
design life. matters for the design or construction
of the revetment or seawall:-
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS1170.4
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – revetments and seawalls
(v) AS 4997;
b) subject to paragraph (c), AS 4678 to
the extent requirements stated in the
Standard apply to earth-retaining
structures;
c) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a) – the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a).
19.2 Prescribed tidal work (s 5(2) outcome) Compliant.
that is a revetment or seawall, The design and construction of the
is designed and constructed revetment or seawall is consistent with the The engineer’s certificate
in a way to ensure it can following standards:- attached to the application
withstand:- (a) subject to paragraph (d), a revetment confirms the design is in
a) any tendency of or seawall is able to withstand the accordance with the relevant
overturning or sliding; and effect of waves, or a combination of standards.
b) any other effects of waves waves and water levels, resulting from
or changes in water levels on a storm event with an AEP of 2%,
the revetment or seawall. factoring in projected sea level rise;
(b) subject to paragraph (d), each of the
following Australian Standards to the
extent requirements stated in the
Standard apply to relevant loading
matters for the design or construction
of the revetment or seawall:-
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS1170.4
(iii) AS 4997;
d) subject to paragraph (d), AS 4678 to
the extent requirements stated in the
Standard apply to earth-retaining
structures;
e) if a relevant planning scheme standard
is more stringent than the standard in
paragraph (a), (b) or (c) – the relevant
planning scheme standard, to the
extent it is more stringent than the
standard in paragraph (a), (b) or (c).
19.3 Prescribed tidal works (s 5(2) outcome) Compliant
that are a revetment or The design and construction of the
seawall is designed and revetment or seawall is consistent with the The engineered plans and
constructed to protect the following standards:- certificate ensure the proposal
revetment or seawall from
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – revetments and seawalls
erosion at the base of the (a) subject to paragraph (d), a revetment is suitably designed for its
revetment or seawall. or seawall provides for a sub-layer or purpose.
enough filter material to prevent
erosion of the land under the
revetment or seawall;
(b) subject to paragraph (d), the bottom
edge of the base of a revetment or
seawall will withstand undermining by
scour;
c) subject to paragraph (d), AS 2758 to
the extent requirements stated in the
Standard apply to the sizing and
grading of filter layers and armour
materials;
d) if a relevant planning scheme standard
is more stringent than the standard in
paragraph (a), (b) or (c) – the relevant
planning scheme standard, to the
extent it is more stringent than the
standard in paragraph (a), (b) or (c).
19.4 Prescribed tidal works The design and construction of the Compliant
that are a revetment or revetment or seawall is consistent with the
seawall are not adversely following standards:- The engineer’s certificate
affected by hydrostatic a) subject to paragraph (b), AS 4678 to attached to the application
pressure. the extend requirements stated in the confirms the design is in
Standard apply to hydrostatic pressure accordance with the relevant
for earth-retaining structures; standards.
b) if a relevant planning scheme standard
is more stringent than the standard in
paragraph (a) – the relevant planning
scheme standard, to the extent it is more
stringent than the standard in paragraph
(a).
Performance Criteria Acceptable Solution Comments
Design, construction and safety – wharves
20.1 Prescribed tidal works The design and construction of the wharf is Not applicable.
that are a wharf are designed consistent with the following standards:-
and constructed in a way to a) subject to paragraph (b):- The proposal is not a wharf.
ensure it is able to support its i) for a wharf constructed within a
intended loads, having regard marina – AS 3962 to the extent
to its relevant loading requirements stated in the
matters. Standard apply to relevant loading
matters for the design or
construction of the wharf; or
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Performance Criteria Acceptable Solution Comments
Design, construction and safety – wharves
ii) for a wharf not constructed within
a marina – each of the following
Australian Standards to the extent
requirements stated in the
Standard apply to relevant loading
matters for the design or
construction of the revetment or
seawall:-
(i) AS/NZS 1170.0;
(ii) AS/NZS 1170.1;
(iii) AS/NZS 1170.2;
(iv) AS1170.4
(v) AS 4997;
b) if a relevant planning scheme standard
is more stringent than the standard
mentioned in paragraph (a)– the
relevant planning scheme standard, to
the extent it is more stringent than the
standard mentioned in paragraph (a).
8.0 PLANNING SCHEME
Under The Noosa Plan, the proposed works are located outside of the Noosa Waters canal. The
proposal must therefore also address the relevant provisions of Table 14-64 of Division 21 –
Watercourses Works Code (8 June, 2018). An assessment of the applicable provisions of this Code
have been undertaken below.
8.1 PLANNING SCHEME – WATERCOURSES WORKS CODE
Column 1 - Specific Outcome Column 2 - Probable Solution Comments
14.163 Siting
O1. The construction of new No solution provided Compliant.
jetties, wharves and boardwalks The proposal is not located in a
on freehold land in largely largely undeveloped section of
undeveloped sections of a watercourse. Marine
watercourse is avoided. infrastructure is common in the
Mossman Court and Witta
Circle area.
O2. The construction of new Not applicable.
jetties and wharves on public The proposed jetty is not
lands is avoided unless there is a located on public lands.
clear demonstrated public
benefit and public support.
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O3. Prescribed tidal works are not No solution provided. Compliant.
located on the southern bank of The proposed works are
the Noosa River and tributaries located outside of these areas.
between the Noosa Heads Lions
Park and Weyba Bridge.
O4. Prescribed tidal work does Compliant.
not include extensions of on-site The proposed works do not
recreational areas unless there is include works of this nature.
a clear demonstrated public
benefit and public support.
14.164 Character and Amenity
O5. Prescribed tidal works are S5.1 For lots with frontages greater Compliant with S5.1.
designed and sited to ensure:- than 15m or greater in width, jetties The proposed jetty is setback
a) they are contained within the and pontoons are setback a minimum 3m from the prolongation of
prolongation of boundaries of of 3m from the prolongation of the the side boundary.
the lot; boundaries, except as allowed for in
b) that when a vessel is berthed it S5.2 and S5.3. The one proposed vessel is
does not encroach over the OR suitably sized for the jetty
prolongation of boundaries of S5.2 For lots less than 15m in width structure and will not encroach
the lot; (including lots located in canal bends or over the prolongation of the
c) a high level of visual amenity is on lots located in the head of the boundaries of the lot.
maintained when viewed from canal):-
the watercourse and adjoining a)a joint application is made with the The jetty deck is designed to
lands; adjoining owner; or keep a low profile to ensure
d) they avoid conflicts with uses b)where a joint application is not visual amenity is maintained.
in the water and on the foreshore possible, jetties and pontoons:-
and adjoining lands; i) Are setback a minimum of The jetty will replace an existing
e) cluttering of watercourses is 1m from the prolongation of approved jetty to cluttering of
avoided; the boundaries; the watercourse is avoided.
f) excessive traffic volumes within ii) Are not more than 1.2m in
foreshore areas and adjoining width; and The proposed jetty materials
lands are avoided; iii) Have no head and are are typical for this type of
g) materials blend with the located such that when a structure and similar to other
natural surrounds; and vessel is berthed, it does not structures in the immediate
h) they reflect the character and encroach over the area.
setting of the immediate prolongation of a boundary;
surrounds or the locality. AND
S5.3 For lots that adjoin those S5.2 & S5.3 – Not applicable.
described in S5.2, a jetty or pontoon is
locat5ed well away from the common
boundary. Compliant.
The proposed jetty will not be
O6. Jetties and wharves are not S6.1 No solution provided. roofed.
roofed.
Compliant.
There is no boat lifting device
S7.1 No solution provided. proposed as part of the works.
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O7. Boat lifting devices (including
boat storage devices) are only Not applicable.
located on Noosa North Shore. The proposed jetty is for the
No solution provided. safe mooring of and access to a
O8. Large jetties, pontoons and berthed vessel. It is not for
wharves that are capable of private recreational purposes.
serving other uses, such as for
private recreational purposes, are
not permitted.
14.165 Design, Construction and Safety – Jetties, Wharves and Pontoons
O9. Prescribed tidal works are S9.1 The maximum width of a jetty, Compliant.
designed and constructed for the jetty head or associated walkway is The maximum width of the jetty
sole purpose of providing access 1.5m, except for at Noosa North Shore; is 1.5m.
to vessels and are sited and AND
designed to avoid:-
a) Cluttering of watercourses; S9.2 For jetties on the Noosa North Not applicable.
b) Excessive traffic volumes within Shore, the maximum width of the jetty The proposed works are not
foreshore areas and adjoining head is 2m; located on the Noosa North
lands; AND Shore.
c) Conflicts with uses on the
foreshore and adjoining lands; S9.3 The maximum length of a jetty Compliant.
and head is not more than 7m; The proposed jetty head is 7m
d) Unacceptable risks to person AND in length.
and public safety.
S9.4 A pontoon head has a maximum Not applicable.
width of 3m and a maximum length of The proposed works is not a
5m. pontoon.
S9.5 For “Y” and “T” shaped jetty Not applicable.
heads:- The proposed jetty is not of this
a) A maximum area 10.5m2 excluding shape.
any walkway is provided; and
b) A walkway with a minimum length of
3m is provided.
S9.6 Gangways and walkways serving Compliant for detached
jetties and pontoons have at least one houses.
rigid handrail fitted and meet the The jetty has a rigid handrail
following:- down one side of the walkway.
a) For detached houses – a minimum The walkway has a width of
width of 750mm and a maximum width 1.5m.
of 1.5m;
b) For other residential uses:-
i) the gangway for single berth
pontoons has a minimum
width of 900mm;
ii) the gangway for multiple
berth pontoons has a
minimum width of 1.2m if
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fitted with one handrail and
900mm if fitted with a
handrail on each side;
iii) the primary walkway to
multiple berth pontoons has
a maximum width of 1.5m;
and
iv) the maximum width of the
gangway is 1.5m.
S9.7 In Noosa Sound, where quay lines Compliant.
are set, a jetty or pontoon does not The proposed jetty does not
extend into the watercourses beyond extend beyond the 15m quay
the quay line; line.
OR
S9.8 Where no quay lines are set, the
maximum distance a jetty or pontoon
extends into the watercourse is 10m,
unless it can be demonstrated that a
distance in excess of 10m is essential to
safely access the jetty;
AND
S9.9 All attachments to jetties, Compliant.
including but not limited to boat lifts, The safety ladder does not
jetski dradles, floating berths and extend beyond the quay line.
floating pontoons must be located
within the quay line;
AND
S9.10 Pontoons must be structurally Not applicable.
capable of sitting on the sand bed. The proposal is not a pontoon.
Rollers and bracing must account for
this situation;
AND
S9.11 Jetties and pontoons must be Compliant.
free standing and not rely on The proposed jetty does not
connecting to any Council revetment connect to any other structure
wall or other structure. and is supported by timber
piles.
14.166 Design, Construction and Safety – Boat Ramps
O10 Boat ramps are designed S10.1 Where there is an existing Not applicable.
and constructed to:- revetment wall:- The proposed works do not
a) allow access by a wheeled boat a)the levels of a boat ramp surface at include a new boat ramp.
trailer; the revetment wall is no more than
b) ensure that unacceptable risks 150mm above the top of the wall, not
to personal and public safety are more than 500mm below the top of the
unlikely to be caused; wall and not more than 200mm above
c) avoid cluttering of the the existing beach; and
watercourse;
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d) avoid excessive traffic volumes b)the ramp extends into the
within foreshore areas and watercourse no more than 9m from a
adjoining lands; and revetment wall;
e) ensure that visual amenity of AND
the foreshore is maintained. S10.2 The ramp is constructed at a
uniform grade and no steeper than 1 in
5 (20%);
AND
S10.3 The outer end of the ramp is no
more than 100mm above the level of
the beach;
AND
10.4 No part of the ramp is to extend
closer than 1m to the prolongation of
the boundaries.
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9.0 CONCLUSION
This Development Assessment Report has been prepared on behalf of David and Louise Hales to
support a Development Application for Operational Works (Prescribed Tidal Works) adjoining 37
Mossman Court, Noosa Heads (described as Lot 83 on N21847).
This report demonstrates the proposals compliance with the applicable state and local planning
provisions, including the following grounds:
The proposal complies with requirements of the Prescribed Tidal Works Code and Council’s
Code for development;
The proposal is for private access to a moored vessel;
The proposal is consistent with the amenity and size of existing maritime structures in the
surrounding area; and
The design of the structure is relevant to the proposed use.
Approval of the proposed works is warranted subject to reasonable and relevant conditions.
Yours faithfully
PROJECT URBAN
MRS TRISH BELT
LICENSING & PERMITS OFFICER
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