Decision Notice OPW17/0514

Officer:	Mark Lewis
Direct Telephone:	5329 6290
Our Reference:	OPW17/0514
Your Reference:	.
16 August 2017

M King
79 Shorehaven Dr
NOOSAVILLE  QLD  4566

[email protected]

Dear Sir/Madam

Decision Notice
Planning Act 2016
I refer to your application and advise that on 15 August 2017, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW17/0514
Street address:	79 Shorehaven Dr Noosaville Qld 4566
Real property description:	Lot 464 RP 868304
Planning Scheme:	The Noosa Plan (3 July 2017)

Decision details
Approve a Development Permit for Operational Works – Boat Lifting Device, subject to conditions.
CURRENCY PERIOD
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
<	<	Site plan as submitted to Council on 27 July 2017	<

The boat lifting device must be:
a “modular floating dry dock by Custom Dry Docks” or similar and consist of interlocking floating cell construction,
located as indicated on the approved plan
The boat lifting device must be attached to the existing jetty in accordance with the device manufacturers specifications
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.
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 boat lifting device is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities are not permitted on site.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
Any construction and post construction activity is not to impact on the condition of the waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA (1994) and the Environmental Protection (Water) Policy 2009.
A final inspection and approval of the works by Council’s Inspector is also required.  Please contact Council’s Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
This approval lapses where the construction of the boat lifting device 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
Not applicable.
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
The approval or conditions do not absolve the owner of the land from complying with all the conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant statues and/or statutory regulations in the execution and/or performance of said works.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
Should any changes or modifications to the approved plans be required as a result of construction constraints, a “Request to change an existing approval” under the Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
property notes
Not applicable.
VARIATION approval
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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully

Mark Lewis
Coordinator-Engineering

Enc:	Approved Plans/Documents
Appeal Rights

	Appeal Rights PLANNING ACT 2016 & THE PLANNING REGULATION 2017

Chapter 6 Dispute resolution

Part 1 Appeal rights

229 Appeals to tribunal or P&E Court

Schedule 1 of the Planning Act 2016 states –
Matters that may be appealed to –
either a tribunal or the P&E Court; or
only a tribunal; or
only the P&E Court; and
The person-
who may appeal a matter (the appellant); and
who is a respondent in an appeal of the matter; and
who is a co-respondent in an appeal of the matter; and
who may elect to be a co-respondent in an appeal of the matter.

(Refer to Schedule 1 of the Planning Act 2016)

An appellant may start an appeal within the appeal period.
The appeal period is –
for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
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
for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
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
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.

Each respondent and co-respondent for an appeal may be heard in the appeal.
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.
To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
the adopted charge itself; or
for a decision about an offset or refund-
the establishment cost of trunk infrastructure identified in a LGIP; or
the cost of infrastructure decided using the method included in the local government’s charges resolution.

230 Notice of appeal

An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
is in the approved form; and
succinctly states the grounds of the appeal.
The notice of appeal must be accompanied by the required fee.
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 –
the respondent for the appeal ; and
each co-respondent for the appeal; and
for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
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
for an appeal to the P&E Court – the chief executive; and
for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
The service period is –
if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
otherwise – 10 business days after the appeal is started.
A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (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

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.
The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
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.
In this section –
decision includes-
conduct engaged in for the purpose of making a decision; and
other conduct that relates to the making of a decision; and
the making of a decision or failure to make a decision; and
a purported decision ; and
a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
is final and conclusive; and
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
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

A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
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
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OPW17/0514