Minor Change Existing Approval 142006.2191.01

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	142006.2191.01
Your Reference:	.
8 December 2021
Pile-It Pty Ltd
Po Box 672
NOOSAVILLE  QLD  4566

[email protected]
Dear Madam
Decision Notice – Minor Change
Planning Act 2016
I refer to your application received on 5 November 2021, requesting a minor change to an existing development approval. Council decided your requested changes.
Details of the decision are as follows:
APPLICATION details
Application No:	142006.2191.01
Street address:	43 The Anchorage Noosaville Qld 4566
Real property description:	Lot 793 RP 910421
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval was issued on 22 January 2007
Operational Works – Transport Type 2 – Domestic Marine
In relation to the request to make a minor change to the existing approval, Council on 3 December 2021, decided to approve the requested changes. The changes are detailed below.
A.	Approve the change.
B.	Change the application type to:
Operational Works – jetty and boat lifting device
C.	Amend condition 1.
D.	Delete condition 6.
currency period of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 20.001-024, S01 Revision C1, 20.001-024, S02 Revision C1, 20.001-024, S03 Revision C1, 20.001-024, S04 Revision C1 and 20.001-024, S05 Revision C1 prepared by Long View Consulting Engineers dated 24 August 2021 and as may be amended by these conditions and annotations made on the plans.
Structures shall be designed and constructed such that they are free standing within the waterway and are not connected to or behind the revetment wall.
The jetty shall have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the revetment wall.
A rigid handrail shall be fitted on one side of the walkway.
No fenders, posts or vertical supports of the proposed jetty are to extend vertically from the structure unless they provide support for the handrail.
Deleted.
There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond the revetment wall.
Lighting associated with the use shall be designed, installed, operated, and maintained in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
The jetty is to be used for private purposes only with no commercial operations to be undertaken.
Rock scour protection, wrapped in geotextile, extends 750 mm from the face of the revetment wall in this locality. Piles are to be located clear of this rock protection.
The jetty is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities will not be permitted on site.
Wastewater and sullage shall only be disposed of at approved pumpout facilities.
The mooring facility shall 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 1997.
The approval or conditions do not constitute a ruling on structural safety and the applicant must make their own arrangement to ensure adequacy of design and work.  Also any approval granted does not warrant that such plans and specifications have been checked in detail, nor does not warrant that such plans and specifications have been checked in detail, nor does it 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.  The Council does not accept any responsibility for the accuracy of such plans and specifications as approved.
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 shall be submitted to Council prior to the return of any bond monies held by Council.  A final inspection and approval of the structure by Council’s Inspector is also required prior to the return of any bond monies held by Council.  Please contact Council’s Land Development Section to arrange the inspection.
The jetty shall be licensed with the Council upon completion of the structural work and shall be licensed annually thereafter.
The Development Permit for a material change of use of premises lapses if the use has not happened by 22 January 2009, unless an application to extend the currency is approved by Council.
referral agencies
Not applicable
advisory notes
Should any changes or modifications to the approved plans be required as a result of construction constraints, a Change to an Existing Approval Application under the Integrated Planning Act must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and Local Law No. 12, prevents a builder or building contractor carrying out building work on a building site in a way that makes or causes audible noise to be made from the building work:-
On a Sunday or public holiday, at any time; or
On a Saturday or a business day, before 7.00am or after 6.30pm.
A maximum penalty of $1,500 applies to an offence under this legislation.
Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the cost of operational works exceeds $80,000, then a portable long service leave levy is required to be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved form issued by the Building and Construction Industry (Portable Long Service Leave) Authority that confirms that the requirements of the Act have been satisfied. A statutory declaration outlining the cost of the operational works must be submitted to Council with the lodgement of any application for operational works over the site.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
property notes
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
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,

Mark Lewis
Coordinator - Engineering

Enc:	Appeal Rights
Approved Plans/Documents

DECISION NOTICE HISTORY
Original Decision Notice – 22 January 2007.
Decision Notice - Minor 142006.2191.01 – 3 December 2021, with an amendment to condition 1 and delete condition 6.

	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
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ee) NOOSA COUNCIL