Amended Decision Notice MCU22-0065 & OPW22-0103

Officer: 	Diogo Carrico
Direct Telephone: 	07 53296465
Our Reference:	MCU22/0065 OPW22/0103
Your Reference:	.
8 June 2022
GL Carter, The Jetty Specialist
32 Cooran Ct
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir,
Amended Decision Notice
Planning Act 2016
I refer to your application and advise that on 6 June 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0065 OPW22/0103
Street address:	32 Cooran Ct Noosa Heads Qld 4567
Real property description:	Lot 222 N 21857
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Approval for Material Change of Use – Landing - Residential
Development Permit for Operational Works – Pontoon – Prescribed Tidal Works
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
JSP-SJ-35850	A	Site Plan, Layout Plan & Water Allocation Prepared by EDGE Consulting Engineers	21/01/2021
JSP-SJ-35851	A	Elevation Prepared by EDGE Consulting Engineers	21/01/2021
JSP-GW-006	M	Standard Catwalk Construction Prepared by EDGE Consulting Engineers	14/01/2021
JSP-SD-102-1	A	Pile Bracket Construction to suit Ø315 Piles & 6 Roller Bracket Prepared by EDGE Consulting Engineers	23/09/2019
JSP-SD-045	E	Concrete Insitu Pile Construction 315 & 400 Diameter Reinforced Prepared by EDGE Consulting Engineers	09/09/2020
JSP-SD-206/8	A	3m Wide Aluminium Deck Pontoon 5m To 12 Length Prepared by EDGE Consulting Engineers	09/08/2021
Currency Period
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 15 June 2024, unless an application to extend the currency period is approved by Council.
Performance Bond
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
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.
All structures must have no detrimental effects on stormwater drains and/or easements.
A rigid handrail must be fitted on one side of the walkway. The handrail must be of an open design and in accordance with the approved plans.
No posts or vertical supports of the proposed pontoon system are to extend vertically from the structure unless they provide necessary support for the handrail.
No boatlifting devices are to be attached or moored at the pontoon system’s structure for the purpose of elevating a vessel above the water without Council approval.
There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall unless all switches and power outlets are positioned above the 1%AEP flood level.
Lighting associated with the use must be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
The pontoon is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities are not permitted on site.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
The maximum number of vessels that may be berthed, moored, attached or stored on the structure must not exceed 2.
The use of the pontoon must not cause any adverse effects on the amenity of the surrounding areas including changes to light, views, air quality and noise.
Vessels berthed/moored at the pontoon must be located a minimum of 1.0 metres from the prolongation of the property boundaries.
Vessels and boatlifting devices must be connected directly to the pontoon, and not located side by side or in tandem with another vessel.
Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
Certification by a Registered Professional Engineer of Queensland that states that the pontoon 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 6245 to arrange the inspection.
This approval lapses where the construction of the pontoon system has not commenced within two (2) years of the date of issue of the approval, unless application is made and approved by Council for an extension.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Planning Regulation 2017 Schedule 10, Part 17 – Tidal Works or Work in a Coastal Management District	The agency provided its response on 17/05/2022 (Reference No. 2205-28752 SRA). A copy of the response is attached

Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
Council has undertaken an audit check of the Operational Works drawings in relations to the proposed works.  A detailed check of the calculations and drawings has not been undertaken, as they have been certified by a RPEQ.  The RPEQ bears full responsibility for all aspects of the engineering design.  Council reserves the right to require further amendments and/or additions at a later date should design errors become apparent.
The approval or conditions do not absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statues and/or statutory regulations in the execution and/or performance of said works.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully

Diogo Carrico
Development Engineer

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc.	[email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 4

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ee) NOOSA COUNCIL


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Queensland

‘SARA reference: 2006-28752 9RA
Councl reference: MCUZ0086 OPW220109,
‘Apples reference: 04642

17 May 2022
chief Execute Offcer
Noosa Shire Couna!
POBox 141

“Tewantin Gls 4585
rmaii@noosa qld gov.2u

‘Atention: Diogo Carrico

DearMr Carico
SARA response—32 Cooran Court, Noosa Heads
(Reieralapeny response gen unde seion 5 oe Paming At 2016)

“The development application desorbed below was confirmed as properly refered by the State
‘Assessment and Referral Agency (SARA) on 18 May 2022.

Response

‘Outcome: Feferal agency response — wih conlions

Date of response: 17 May 2022

Conetions: “The consons in Attachment 1 must be attached to any
evelopment approval

Abc: ‘Avice tthe applicants in Attachment 2

Reasons: “The reasons forthe referal agency response ae in Attachment 3

Development details

Description: Development permit Operational work for prescribed tidal works

(pontoon)

SARA role Referal Agenoy

‘SARA trigger ‘Schedule 10, Part 17, Division 3, Table 2 (Planing Regulation 2017)
Tal works or work win a coabtal management aistit

‘SARA reference: 2205-28782 SRA

Ea cena pert
‘ite aren swag Lee, 2

enue oosyscre
Page terT oar Ha, Mafoshycre GLO S58


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‘Assessment Manager:
‘Steet adress:

Real property description:
Applicant name:

‘Applicant contact details:

Representations

Noosa Shire Council
'32.Cooran Court, Noosa Heads
Lt 222 on N21887

Gayle Carer
(Ch The Jety Specislst

18 Ron Parkinson Cres
Corbouid Park QLD 4651
Steve@smarine comau

“Bn applicant may make represeriatons toa SoncurTence agency, a any tne betore he applications _—
Gecided, about changing a matter inthe referal agency response (5.30 Development Assessment ules)
Copies f the relevant provisions are in Attachment 4

|A copy of this response has been sent tothe applicant for ther information.

For futher information please contact Richard Wison, Planning Ofcer, on 8352 8774 or via email,
‘SEGNothSARA@dscilgp qld gov.au who wil be pleased to assist.

‘Yours sincerely

—

aul Gleason
Principal Planning Offoer

ce Gayle Carer, steve@smarne com au

ene Altchment | -Referal aganeyconations
‘atachment 2 -Aaves tothe sppicant
‘Ataohment 3 - Reasons for reel agency respons
‘Atacrmert 4 Representations prowsions
‘Atachmert 5 - Approved pins and specications

‘st Aecesonent and Reta Agany Paez?


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Attachment 1—Referral agency conditions
(Tider secon 58(TNBKT of Be Planing Act 2076 the Towing Condisons mast be Siachedo any GeSopEAT
‘spprovlelaing to this appeaton) (Copies ofthe plans and specileatons referenced blow ae found st

 

 

 

 

 

 

 

 

 

‘Ataorment 6).
No. | Conditions Condition timing
‘Development permit for operational work
‘Schedule 10, Par 17, Division 3, Table 2 lem 1 — Tidal works or works witin a coastal management
“tict— The chief executive administering the Planning Act 2016 nominates the Director-General of
‘the Department of Transport and Main Roads tobe the enforcement authority forthe development to
‘whieh this development approval relates forthe administration and enforcement of any matter elstng
to the fllowing condition(s):
1.__| The development must be caried out genealyin accordance with | Atal mes.
‘the folowing plan:
‘Ste Plan, layout plan & water allocation prepared by The
Jetty Specialist, dated 21 January 2021, drawing number
{SPLSL.SEE60, revision A.
D_| The structure must be iRmarked in sooordance wih he folowing | Atallimes.
specticatons, such that # does not cause arisk to the safe
navigation of otter ships:
+ Section 3 of AS4282-1007 Control ofthe obtesive effect of
eutdoar lighting.
3.__| The construction, operation or maintenance ofthe suucure. and | Atallimes:
any ship berined, moored or atached tothe structure, must not
(2) encroach into, pass over or under a navigation condor or
(@) be located in a high rsk martime zone.
“4. | Any debris or similar obstruction generated whist undertaking the | White works are
‘work must be removed from the waterway and sutably disposed of || occuring.
tthe applicants expense.
© _| Allpies andlor sircture to be demolichad both bove andbelow | Prortothe completion
‘the waterine must be completely exractediemoved, ofthe works

 

 

‘st Aecesonent and Reta Agany

 

Pages?


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Attachment 2—Advice to the aj

 

 

General advice
1.__| Terms and phrases used in this dooumant are defined inthe Planning Act 2076 fs regulation or

the State Development Assessment Provsions (SDAP) v3.0, Ifa word remains undefined thas
its ordinary mesning.

 

 

 

 

 

‘st Aecesonent and Reta Agany Pageser?


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Attachment 3—Reasons for referral agency response
(Given under secon S67) of te Panning AC 2076)

“The reasons for SARAS decision are:
«The appioaton is for a development permit for operational work to allow forthe removal ofan
‘stng pontoon system and installation ofa new pontoon system,

‘+The development sit is located in a canal

‘+The proposed development is for the constuction of = private single vessel pontoon,

‘The proposed structure, including any vessel berthed, moored or attached tothe structure:
‘© wilt encroach into, pass over or under a navigation corridor and
(© isnot located ina high-risk martime development zane.

4+ The proposed stricture meste the FartTrackS qualifying entra checklist $

Material used in the assessment ofthe application:

“The development application material and submited plans
Pranning Act 2016

tanning Regulation 2017

“The State Development Assessment Provisions (version 3.0)
‘The Development Assessment Rules

‘SARA DA Mapping system

‘st Aecesonent and Reta Agany Pages?