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Change to existing approval OPW12 0139 01 DACdaDN 1032434 [As Published] · OPW12/0139.01
Officer: Mark Lewis
Direct Telephone: 5329 6290
Fax: 5329 6501
Our Reference: MLEWIS:OPW12/0139.01
Your Reference: not provided
30 September 2014
Noosa Group Pty Ltd
PO Box 1804
NOOSAVILLE DC QLD 4566
[email protected]
Dear Sir/Madam
Change to an Existing Approval
Sustainable Planning Act 2009
I refer to your request to make a permissible change to an existing approval. On
29 September 2014, Council decided your requested changes.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW12/0139.01
Street Address: Jetty 186 Gympie Terrace, Noosaville
Real Property Description: Lot 162 CP 907407
Planning Scheme: The Noosa Plan (16 September 2013)
2. DECISION DETAILS
Council on 22 October 2014 decided to issue the following type of approval:
Development Permit for Operational Works (Prescribed Tidal Works - Jetties, Piles and
Pontoons)
In relation to the request to make a change to the existing approval, Council On
29 September 2014 decided to:
A. Approve a change to Conditions 4 and 7.
3. RELEVANT PERIOD OF APPROVAL
The relevant period for this development approval is in accordance with that stated in the
Decision Notice dated 24 October 2012, unless an application to extend the period is
approved by Council under s 383 of the Sustainable Planning Act 2009.
4. CONSOLIDATED ASSESSMENT MANAGER CONDITIONS
1. All structures associated with the jetty and pontoon must be constructed wholly within
the lease area.
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2. All vessels berthed at the jetty and/or pontoon must be contained wholly within the
lease area.
3. A rigid handrail must be fitted on one side of the walkway.
4. No posts or vertical supports of the proposed jetty are to extend vertically from the
structure unless they provide support for handrails, lighting of the walkways or security
cameras.
5. 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.
6. The jetty must be constructed in a manner to render the underside area vermin proof.
7. There must be no electrical reticulation system carrying electricity in excess of 24 volts
beyond the northern boundary of lease P unless all switches and power outlets are
positioned above the 1%AEP flood level.
8. 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.
9. Boat repair activities are not permitted on site.
10. Wastewater and sullage must only be disposed of at approved pumpout facilities.
11. The mooring facility must not be utilised for live-aboard purposes.
12. 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.
13. Parks or other public land must not be used for delivery or removing construction
equipment and materials to / from the construction site in the waterway (other than via
a public boat ramp);
14. Certification by a Registered Professional Engineer of Queensland must be submitted
to Council at completion of the works and prior to the use of the new pontoons. The
certification must state that the pontoons has been constructed in accordance with best
practice methods, is in accordance with Coastal Protection and Management Act 1995
and are structurally sound.
15. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans
16. All necessary State government approvals relating to this development must be
obtained prior to any works commencing on the site
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5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Referral Agency and Referral Trigger Response
Status Address
Concurrence Department of Transport and Operational The agency provided its
Main Roads Works - Tidal response on 10 September
Regional Harbour Master Works 2012 (Reference No.
MacArthur Avenue East 215/01663 P15833-MOM
PINKENBA QLD 4008 P15976-MOM).
Concurrence Department of Environment Operational The agency provided its
and Heritage Protection Works other than response on 21 September
GPO Box 2454 prescribed Tidal 2012 (Reference No.
BRISBANE QLD 4001 Works in a Canal 323760\MCY1970).
Please refer to the Decision Notice dated 24 October 2012 for a copy of any referral agency
responses.
6. APPROVED PLANS
The following plans are Approved plans for the development:
Approved Plans
Plan No. Rev. Plan Name Date
UPL 162.01.09 Proposed Layout Commercial Marina 25/06/2010
S2000/WS5 (5F) – ga 11.5m x 1.7m Walkway 5 Float – 3kPa 26.07.07
General Arrangement, prepared by Walcon
S2000/PS8 (3F) – ga 8m Parallel Finger 3 Float – 3kPa General 23.08.04
Arrangement, prepared by Walcon
7. REFERENCED DOCUMENTS
Not Applicable
8. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:
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
9. PROPERTY NOTES
Not Applicable
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10. PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME
Not Applicable
11. FURTHER DEVELOPMENT PERMITS REQUIRED
Not Applicable
12. SELF ASSESSABLE CODES
The following codes for self-assessable development related to the development approval
issued under this Decision Notice must be complied with.
Not Applicable
13. SUBMISSIONS
Not Applicable
14. REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not Applicable
15. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
the Sustainable Planning Act 2009 is attached.
16. OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies of which are
available on line at www.noosa.qld.gov.au, or at Council offices.
DECISION NOTICE HISTORY
Original Decision Notice (22 October 2012)
Changes to an Existing Approval (29 September 2014), with an amendment to
Conditions 4 & 7
Yours faithfully
MARK LEWIS
SENIOR ENGINEERING OFFICER
Encl. Appeal Rights
CC SARA at DSDIP
[email protected]
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Appeal Rights
SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009
The following is an extract from the Sustainable
Planning Act 2009 (Chapter 7)
466 Appeals about decisions relating to
permissible changes
(1) For a development approval given for a
development application, the following persons
may appeal to the court against a decision on a
request to make a permissible change to the
approval—
(a) if the responsible entity for making the
change is the assessment manager for
the application—
(i) the person who made the
request; or
(ii) an entity that gave a notice
under section 373 or a pre-
request response notice about
the request;
(b) if the responsible entity for making the
change is a concurrence agency for the
application—the person who made the
request.
(2) The appeal must be started within 20 business
days after the day the person is given notice of
the decision on the request under section 376.
(3) Also, a person who has made a request under
section 369 may appeal to the court against a
deemed refusal of the request.
(4) An appeal under subsection (3) may be started at
any time after the last day the decision on the
matter should have been made.
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