Council archive · source document
Decision Notice MCU22 0207 & OPW22 0314 · MCU22/0207
Officer: Mark Lewis
Direct Telephone: 07 5329 6290
Our Reference: MCU22/0207 OPW22/0314
Your Reference: DA0009/22
12 April 2023
RD Martyr & CE Martyr
C/- Fluid Building Approvals
PO Box 404
ASPLEY QLD 4034
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 12 April 2023, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU22/0207 & OPW22/0314
Street address: 24 Wesley Ct Noosa Heads Qld 4567
Real property description: Lot 45 N 21844
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Landing – Residential and
• Development Permit for Prescribed Tidal Works – Jetty.
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Plan No. Rev. Plan/Document Name Date
CR-2023-K < Site Plan prepared by Mandy’s Drafting 16 February 2023
Only
As Annotated by Council
22-0632-F3 B Foundation and Jetty Plan prepared by 16 February 2023
Lindsay Consulting
As Annotated by Council
22-0632-F4 B Typical Foundation Detail prepared by 16 February 2023
Lindsay Consulting
Currency Period
2. The Currency Period for this development approval lapses if all conditions have not been
complied with, and the plan of survey lodged with Council for endorsement by 12 April 2025,
unless an application to extend the currency period is approved by Council.
Performance Bond
3. Security in the form of a cash bond or trading bank guarantee to the sum of $2000 must be
submitted to Council, to secure performance of all conditions of this approval, prior to the
commencement of the works. The cash bond or trading bank guarantee will be returned on
performance of the conditions of this approval less any costs incurred by Council in respect
of enforcing performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
General Conditions
4. The maximum number of vessels that may be berthed, moored, attached or stored on the
structure must not exceed 2.
5. The use of the jetty must not cause any adverse effects on the amenity of the surrounding
areas including changes to light, views, air quality and noise.
6. Vessels berthed/moored at the jetty must be located a minimum of 1.0 metres from the
prolongation of the property boundaries.
7. Vessels and boatlifting devices must be connected directly to the jetty, and not located side
by side or in tandem with another vessel.
8. All structures must be designed and constructed such that they are free standing within the
waterway and are not connected to or behind the revetment wall.
9. All structures must have no detrimental effects on stormwater drains and/or easements.
10. 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.
11. A rigid handrail must be fitted on one side of the walkway. The handrail must be of an open
design and be visibly unobtrusive.
12. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide necessary support for the handrail.
13. 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.
14. There must be no electrical reticulation system carrying electricity in excess of 24 volts
beyond the revetment wall unless all switches and power outlets are positioned above the
1%AEP flood level.
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15. Lighting associated with the use must be designed, installed, operated, and maintained in
accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
16. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
17. Boat repair activities are not permitted on site.
18. Wastewater and sullage must only be disposed of at approved pumpout facilities.
19. The mooring facility must not be utilised for live-aboard purposes.
20. Any construction and post construction activity is not to impact on the condition of the
waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA
(1994) and the Environmental Protection (Water) Policy 2009.
21. Certification by a Registered Professional Engineer of Queensland that states that the 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 Development Assessment Branch on
5329 6500 to arrange the inspection.
22. 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.
23. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence SARA at DILGP Via Planning Regulation The agency provided its
MyDAS2 at 2017 Schedule 10, Part response on 15 March
https://prod2.devasses 17 – Tidal Works or 2023 (Reference No.
s. qld.gov.au/suite/ (for Works in a Coastal 2212-32645 SRA). A
assistance, contact Management District copy of the response is
DILGP at 5352 9701 or [Insert trigger title] attached
email:[email protected]
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
General Advisory Notes
1. 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.
2. 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.
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3. 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.
4. Should any changes or modifications to the approved plans be required as a result of
construction constraints, a “Request to change an existing approval” under the Planning Act
2016 must be made. Amended plans clearly indicating the changes must be lodged with this
application along with the appropriate fees.
Building and Construction Industry (Portable Long Service Leave) Levy
5. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Aboriginal Cultural Heritage Act 2003
6. There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the
activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
duty of care. Substantial monetary penalties may apply to individuals or corporations
breaching this duty of care. Injunctions may also be issued by the Land and Resources
Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
12. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at
www.noosa.qld.gov.au or at Council Offices.
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Yours faithfully,
Mark Lewis
Coordinator-Engineering
Enc: Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc. SARA
Unitywater
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Referral Agency Response
PLANNING ACT 2016 & PLANNING REGULATION 2017
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2212-32645 SRA Operational works for maritime safety and development SARA reference: 2212-32645 SRA Assessment manager: Noosa Shire Council Street address: 24 Wesley Court, Noosa Heads Real property description: Lot 45 on N21844 Applicant name: Robert & Catherine Matyr Applicant contact details: PO BOX 404 Aspley QLD 4034 [email protected] Human Rights Act 2019 A consideration of the 23 fundamental human rights protected under considerations: the Human Rights Act 2019 has been undertaken as part of this decision. It has been determined that this decision does not limit human rights. Representations An applicant may make representations to a concurrence agency, at any time before the application is decided, about changing a matter in the referral agency response (s.30 Development Assessment Rules). Copies of the relevant provisions are in Attachment 4. A copy of this response has been sent to the applicant for their information. For further information please contact Rosanna Nobile, Graduate Planner, on 07 5352 9777 or via email [email protected] who will be pleased to assist. Yours sincerely a Garth Nolan Manager (Planning) cc Robert & Catherine Matyr, [email protected] enc Attachment 1 - Referral agency conditions Attachment 2 - Advice to the applicant Attachment 3 - Reasons for referral agency response Attachment 4 - Representations about a referral agency response provisions Attachment 5 - Documents referenced iin conditions State Assessment and Referral Agency Page 2 of 6 Document Set ID: 22371196 Page 7 of 15 Version: 3, Version Date: 13/04/2023
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2212-32645 SRA Attachment 1—Referral agency conditions (Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development approval relating to this application) (Copies of the documents referenced below are found at Attachment 5) No. | Conditions Condition timing Development Permit — Operational Works Schedule 10, Part 17, Division 3, Subdivision 2, Item 1 — Tidal works or work within a coastal management district. The chief executive administering the Planning Act 2016 nominates the Director- General of the Department of Transport and Main Roads to be the enforcement authority for the development to which this development approval relates for the administration and enforcement of any matter relating to the following conditions: 1. The works must be carried out generally in accordance with the For the duration of following plans: works. (a) plans prepared by Lindsay Consulting dated 16/02/2023, reference 22-0632-F3, revision B. 2. Internal user note: this condition applies for lighting during For the duration of construction and operation. works and for operation (a) Light/mark all vessels, structures, plant and equipment tebem ned at all associated with: - i. the works, in accordance with the following specifications: - any anchors deployed must be marked with yellow buoys and fitted with FL yellow lights fitted. operations, in accordance with the following specifications: - provide pedestrian style lighting for jetty or retroreflective tape to outer beacon pile or jetty face (b) Lighting provided must not obscure, disguise or otherwise interfere with the safe navigation of other vessels, including the effectiveness of navigational lighting. = State Assessment and Referral Agency Page 3 of 6 Document Set ID: 22371196 Page 8 of 15 Version: 3, Version Date: 13/04/2023
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2212-32645 SRA Attachment 2—Advice to the applicant General advice 1. Terms and phrases used in this document are defined in the Planning Act 2016, its regulation or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains undefined it has its ordinary meaning. Ref. | PO4- Obstruction to navigation 2. Any vessel moored to jetty must not encroach on navigation corridor. State Assessment and Referral Agency Page 4 of 6 Document Set ID: 22371196 Page 9 of 15 Version: 3, Version Date: 13/04/2023
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2212-32645 SRA Attachment 3—Reasons for referral agency response (Given under section 56(7) of the Planning Act 2016) The reasons for the SARA’s decision are: * The proposal is for a development permit for operational works to construct a jetty * The subject site is located in maritime safety and development. * SARA assessed the development application against State code 7: Maritime safety of the SDAP, version 3.0 and determined that with conditions, the development achieves compliance with the performance outcomes of the State code. Material used in the assessment of the application: *® the development application material and submitted plans * Planning Act 2016 * Planning Regulation 2017 the SDAP (version 3.0), as published by SARA the Development Assessment Rules SARA DA Mapping system section 58 of the Human Rights Act 2019 Attachment 4—Representations about a referral agency response provisions (page left intentionally blank) State Assessment and Referral Agency Page 5 of 6 Document Set ID: 22371196 Page 10 of 15 Version: 3, Version Date: 13/04/2023
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2212-32645 SRA Attachment 5—Documents referenced in conditions (page left intentionally blank) State Assessment and Referral Agency Page 6 of 6 Document Set ID: 22371196 Page 11 of 15 Version: 3, Version Date: 13/04/2023
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Development Assessment Rules—Representations about a referral agency response The following provisions are those set out in sections 28 and 30 of the Development Assessment Rules’ regarding representations about a referral agency response Part 6: Changes to the application and referral agency responses 28 Concurrence agency changes its response or gives a late response 28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any further period agreed ends, change its referral agency response or give a late referral agency response before the application is decided, subject to section 28.2 and 28.3. 28.2. A concurrence agency may change its referral agency response at any time before the application is decided if— (a) the change is in response to a change which the assessment manager is satisfied is a change under section 26.1; or (b) the Minister has given the concurrence agency a direction under section 99 of the Act; or (c) the applicant has given written agreement to the change to the referral agency response? 28.3. A concurrence agency may give a late referral agency response before the application is decided, if the applicant has given written agreement to the late referral agency response. 28.4. If a concurrence agency proposes to change its referral agency response under section 28.2(a), the concurrence agency must— (a) give notice of its intention to change its referral agency response to the assessment manager and a copy to the applicant within 5 days of receiving notice of the change under section 25.1; and (b) the concurrence agency has 10 days from the day of giving notice under paragraph (a), or a further period agreed between the applicant and the concurrence agency, to give an amended referral agency response to the assessment manager and a copy to the applicant. 1 Pursuant to Section 68 of the Planning Act 2016 In the instance an applicant has made representations to the concurrence agency under section 30, and the concurrence agency agrees to make the change included in the representations, section 28.2(c) is taken to have been satisfied. w Page 1 of 2 Document Set ID: 22371196 Page 12 of 15 Version: 3, Version Date: 13/04/2023
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Part 7: Miscellaneous 30 Representations about a referral agency response 30.1. An applicant may make representations to a concurrence agency at any time before the application is decided, about changing a matter in the referral agency response.> 3 An applicant may elect, under section 32, to stop the assessment manager's decision period in which to take this action. If a concurrence agency wishes to amend their response in relation to representations made under this section, they must do so in accordance with section 28. Page 2 of 2 Document Set ID: 22371196 Page 13 of 15 Version: 3, Version Date: 13/04/2023
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MEMBER SCHEDULE FJ1 - 200x 50F 14 CONTINUOUS JOISTS AT 500 CRS 2.NO. SS taming anchors per connection FJ2 - 200x 50F 14 SINGLE SPAN JOISTS AT 250 CRS 2.NO, SS taming anchors per connection FJ3 - 200x SOF 14 SINGLE SPAN JOISTS AT 500 CRS 2NO. SS taming anchors per connecton FB1 - 200x 75F 14,150 x10 mm SS angle, 250mm ing wit) 4-M12 to bearer, 24/16 to top of pile FB2 -200x75F14,150x10 mm SS angle, 250mm ing wih 4-M12 to bearer, 24/16 to top of pile PPI - 200x 50F 14 pole plate Sxed with M12 at900 CRS CRAWNG TILE FOUNDATION &@ JETTY PLAN SCALES ‘SURVEY DATUM ASSOCIATED CONSUL TANTS PLANS AND DOCUMENTS oe» referred to in the REFERRAL 3 AGENCY RESPONSE = SARA ref: Date: sie Se RG8243 E |e Page 14 of 15 Document Set ID: 22371196 Version: 3, Version Date: 13/04/2023
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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