Decision Notice - Approved by Delegation of Authority MCU22 0048

Officer: 	Lisa Pienaar
Direct Telephone: 	07 53296514
Our Reference:	MCU22/0048 & OPW22/0089
Your Reference:	21280
24 November 2022
Noosa River Enterprises Pty Ltd
Jetty
222 Gympie Tce
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 17 November 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU22/0048 & OPW22/0089
Street address:	Jetty 222 Gympie Tce Noosaville Qld 4566
Real property description:	Lot 160 CP 908649
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
The following type of approval has been issued:
Development Permit for Material Change of Use of Premises – Landing – Commercial
Development Permit for Operational Works – Jetty and Pontoon
currency period of approval
The Currency Period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
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
34680-01	0	Cover Page, prepared by The Jetty Specialist	2/11/2021
34680-02	A	Existing Structures Plan, prepared by The Jetty Specialist	13/10/2021
34680-03	A	Existing Structures Plan, prepared by The Jetty Specialist	13/10/2021
34680-04	A	New Site Plan, prepared by The Jetty Specialist	13/10/2021
34680-05	D	Vessel Mooring Site Plan, prepared by The Jetty Specialist	13/10/2021
34680-06	A	Pontoon Layout Details, prepared by The Jetty Specialist	13/10/2021
34680-07	A	Elevations, prepared by The Jetty Specialist	13/10/2021
34680-08	A	Pile Setout, prepared by The Jetty Specialist	13/10/2021
34680-P1B-1	0	Pontoon P1B, Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P1B-2	0	Pontoon P1B, Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P2A-1	0	Pontoon P2A & P1A, Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P2A-2	0	Pontoon P2A – 2 Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P2B-1	0	Pontoon P2B Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P2B-2	0	Pontoon P2B – 2 Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3A-1	0	Pontoon P3A-1 Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3A-2	0	Pontoon P3A Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3B-1	0	Pontoon P3B-1 Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3B-2	0	Pontoon P3B Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3C-1	0	Pontoon P3C Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3C-2	0	Pontoon P3C Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3D-1	0	Pontoon P3D Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3D-2	0	Pontoon P3D Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-P3E-1	0	Pontoon P3E Construction Details, prepared by The Jetty Specialist	2/11/2021
34680-P3D-2	0	Pontoon P3A Foam Details, prepared by The Jetty Specialist	2/11/2021
34680-B1-1	0	Pile Bracket B1 General Arrangement, prepared by The Jetty Specialist	2/11/2021
34680-B1-2	0	Pile Bracket B1 Corner Bracket, prepared by The Jetty Specialist	2/11/2021
34680-B1-3	0	Pile Bracket B1 Corner Bracket 2, prepared by The Jetty Specialist	2/11/2021
34680-B1-4	0	Pile Bracket B1 6mm Chequer Plate, prepared by The Jetty Specialist	2/11/2021
34680-B2-1	0	Inboard Pile Bracket B2 General Arrangement, prepared by The Jetty Specialist	2/11/2021
34680-B2-2	0	Inboard Pile Bracket B2 Exposed Bracket, prepared by The Jetty Specialist	2/11/2021
34680-B2-3	0	Inboard Pile Bracket B2 UA Bracket, prepared by The Jetty Specialist	2/11/2021
34680-SJ-3	0	Starter Jetty Platform 2, prepared by The Jetty Specialist	2/11/2021
34680-SJ-1	0	Starter Jetty Headstock, prepared by The Jetty Specialist	2/11/2021
34680-SJ-2	0	Starter Jetty Platform 1, prepared by The Jetty Specialist	2/11/2021
34680-GW-1	0	4m Gangway 1 Construction Detail, prepared by The Jetty Specialist	2/11/2021
Certification of piles condition
The installation of the piles must be supervised by a licensed cadastral surveyor.  Certification of the location of the installed piles prepared by a licensed cadastral surveyor must be provided to Council.
The certification must:
State that the location of the piles is in accordance with the approved plans and
Be submitted to Council prior to the installation/construction of any other elements of the approved works.
Currency
This approval lapses where the construction of the jetty extension and pontoons have not commenced within 17 November 2028, unless application is made and approved by Council for an extension.
Nature and extent of Use
All vessels, kayaks and SUPs for hire and all equipment associated with the marine use of the facility must wholly moored/stored within the approved lease area, with a maximum of 31 vessels at any one time.
All structures must be constructed wholly within the approved commercial lease area as per the approve plans.
All commercial activities including, the loading and unloading of passengers and boat docking is confined to the commercial lease areas of the respective commercial operation.
Structures
All structures must use materials, natural finishes and colours that blend with the surrounding natural landscape.
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 or rock wall.
Structures must be designed and constructed such that they do not place additional vertical or lateral loads onto the existing revetment wall that may compromise the long term stability and/or durability of the wall.  Upon completion of works, a certification by RPEQ must be provided to Council in this regard.
All structures must have no detrimental effects on stormwater drains and/or easements.
No boatlifting devices are to be attached or moored at the structures for the purpose of elevating a vessel above the water without Council approval.
The jetty and deck areas must be constructed in a manner to render the underside area vermin proof.
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.
Wastewater and sullage must only be disposed of at approved pump out facilities.
The mooring facility must not be utilised for live-aboard purposes.
Any construction and post construction activity must 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 jetty extension and pontoons are constructed in accordance with best practice methods and are 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 Planning Assessment Section to arrange the inspection.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans.
All necessary State government approvals relating to this development must be obtained prior to any works commencing on the site.
Environment
To ensure the safety of persons accessing the approved works and to prevent environmental harm, a safety audit of the on-site fuel storage tanks, bowsers and associate pipework, valves, vents and systems shall be conducted by a suitably qualified professional and submitted to Council for approval prior to the use of the new works (pontoon/jetty extensions). The audit shall demonstrate that the fuel systems are in a safe and serviceable condition or, where necessary, identify repair and rectification requirements to meet the relevant Australian Standards and industry best practice environmental management. Any repair works must be completed, with certification submitted by the auditor to Council, prior to the use of the new works (pontoon/jetty extensions).

reasons for approval
Find the following matters relevant to the assessment and sufficient reason to approve the application:
Although there is a proposed net increase of pontoons which increases site cover within the lease area, the proposal:
will ensure the vessels are moored wholly within the existing lease area of the marine facility; and
maintains the character of the site as a marine facility which is compatible with surrounding marine activities.
referral agencies
Referral Status	Referral Agency and Address	Referral Trigger

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]	Schedule 10, Part 17, Division 1 – Tidal Works or work in a Coastal Management District
advisory notes
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure 1.	Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable
variation approval details
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,

Patrick Murphy
Acting Manager, Development Assessment

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

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Name	Email	Address

Jeanette Gentle	[email protected]	3 Laburnum Crescent Noosaville 4566
Mary Hayden	[email protected]	21 Cloudsley Street Noosaville 456

	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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eerste
Soreement

‘Apleantetrece: 21280,

‘26 May2022
chit Exeoutve Offer
Noosa Shite Counei
PO Box 144

Tewantn Old 4565
[email protected] gov.

‘Atenion: Lisa Pienaar

Dear Ms Pienaar

SARA response—222 Gympie Terrace, Noosaville
(reer ageny respane en vce econ 6 tie Ping At 201)

“The development appction desorbed below was confimed as properly refered by the State
‘Assessment and Referral Agency (SARA) on 20 Ape 2022.

Response

Oiteome Feral agency response wih condeons

Date of response: 28 May 2022

Condens: “The conditions in Attachment 1 must be ataches to any

development approval

‘Aaviee ‘Acvice tothe appicart isn Atachment 2

Reasons: “The reason forthe referal agency response are in Attachment 3

Development details,

Desertion: Development emt Operational work for preserbes ti! works
ateral change of use fora lnsing
(commersa

SARA roe: Referal agency

SARA tigger ‘Schedule 10, Part 17, Dison 3. Table 1 (Panning Reguaton 2017)


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‘Tidal works or workin a coastal management tet
‘Schedule 10, Part 17, Division 3, Table 2 (Planning Reguaton 2017)

‘Tidal works or workin a coastal management tet

SARA reference 7204-28387 SRA
‘Assessment Manager’ Noosa Shie Cound
‘Steet adress 222 Gympie Terace, Noosavle
Real propery desrpton: Lt 160 0n CPO08649
‘ppcantrame: Noosa River Enterprises Ply Ltd ACN 110803718 As Trustee Under
Instrument 708121082
‘Appicant contact detais: Cl Project Uban (Tish Bet)
PO Box 6260
Maroocnyeore BC OLD 4858
‘rsh [email protected] au
Representations

“Bn appicant may make represeriatons to a concuTence agency, a any Une before he application
‘cided, about changing a matter inthe refeal agency response (s-30 Development Assessment Rules)
‘Copies ofthe relevant provsions ae in Atachment &-

‘Acopy ofthis response has been sent tothe applicant for their informaton,

Fer further information please contact Carine Plank, Principal Planning Ofer, on (07) 5362 8708 or via
‘email SEQNochSARA@dsdigp a gov au who wi be pleased to asst.

‘Yours snosrely

= Nooea River Enerrees ty Lis ACN 110595715 Ae Truce Under nsant 708121982, Project
ran, nen nooperaprojecturoan com au

‘ene Ataenment 1 - eter ageney conten
‘taonment 2" aan tobe sotean,
‘Ataonment 3 Reason or refers agaoy responce
‘Atcrmert 4 Represeratone powers
‘Atacnment §- approves pane an speaeaons


[Attachment: image5.png (image text)]
Attachment 1—Referral agency conditions
‘Gnder econ SV) of he Panng Ac 2076 the olowng conn MUsTDE SHSENEG any GER.
‘sopra reatng ios aplcaton (Coles ofthe plans ana epecteaton referenced Deu are ound a
Atnownant

 

Wo.

Conditions

Condition timing

 

Operational work

 

Planning Reguation 2017, Schedule 10, Par 17, Division 3, Table | —Tidal wars or workin a coastal
management davct—The chet xecutve asmristerng the Pinning Act 204

Diecter-General of he Department of Envronment and Science tbe the enfocement author for
‘he development to which t's development approval relates forthe adminisraton and enforcement of
any matter relating to the folowing condions

jBnomnates the

 

 

 

 

 

1 | The constuction of the fager pontoons must be caried ou generaly | For the duration of he
in accordance win the follwing pans: works
‘+ Enising Structures Pian, prepare by Ege Consulting
Engneers, dated 1210/21, reference 34660-03, revsion A
+ New Ste Pan, prepared by Eage Consulting Engineers,
dated 13/1021, reference 2480-04, revsion A
+ Vessel Mooring ite Plan, prepared by Edge Consulting
Engneers, dated 141072. reterence 94080-08revsion D
‘+ Elevations, prepare by Ege Consulting Engineer, dated
TaHOZT eterence 488087, revsion A
| Forthe proposed works, only use dean materials and ensure hat | For te duration ofthe
the worke do nt cause contamnaton, works
3. _| Erosion and sesimant contol measures which ae inaccardance | Forte uration of he
‘with Bet Pract Erosion and Sediment Conta PESC) works
{guidelines for Ausra (Itematona Erosion Contl Assciation),
{eto be insted and mainiined to prevent the release of sediment
fe tcal waters
“F_| Should the tnger pontoons colapse, aor cherie sur "As soon a5 reasonably
structural consequences which impact ter ntegntyorabity to | pracicabe subsequent
‘function a5 intended the worke most be {othe damage
(a) rentatad n aocorance wth this cevelopment approval of
(©) femoved and disposed of at an appropriately ieensea
‘acu
| Submit"As Constructed crawings to palm@@des.dd.gov.au ormail_| Within two weeks of
the completion ofthe
works

Department of Envronment and Science
emt and Licence Management

 

 

 

 

 

 

Inmplementaton and Supper Unt
GPO Box 2464
Srsbane Qld 4001
3 (a) inthe event hatha works eause Gaturtance @ondeaton |) Upon diturtance
‘fac sufate sol. the afeced sol must be weated and coronation unt
‘hereater managed (unl the afected sol has been the afetes so!
‘netvased or contained) in acooréance wih the curent hasbeen
(Queensland Acid Sulfate Soi Technical Manual So autre or
‘management guidelines prepared by te Deparment of contained
‘Scenes, iformaton Technology, Innovation and the Arts, | (o) At Bete the
aoe {ols have been
(&) Certcaton by an appropratly quad person, contming | neutralised
‘hat the afacted sou hae bean neuralzed or eontaned.n contaned
_ccerdance wih (a) above i to be provides to.

 


[Attachment: image6.png (image text)]
 

‘palm@des qd govau or maled we
‘Department of Envrenment and Science
Permit and Licence Management
Insgementaton and Supper Unt
(GPO Box 2464
Brisbane Gl 4001

Note: Appropratey quate person means 2 person o persons wno has
poteccenal qualteaton, waning, ils and experence eleva
{tenis or Si suf sol management ang can gue auortabve
Stcccoment aves and snay an Seuss sot management
tinge evant protec, Sanaares,metoaso rare

 

Planning Regulation 2017, Schedule 10, Par 17, Division 3, Table2— Tidal wars or wom in a coastal
management dstct— The chit execuive administering the Planning Act 2016 nominates the
Director-General of he Department of Transport and Man Roads ~ Martime Safety Queensiand to be
‘he enforcement authorty for fe Gevelopment io which tis development approval relates forthe
[éministraon and enforcement ofan matter eating tthe folowing conatoons

 

7. ] The operatonal work must be cared aut generalyn scordance:

sth the fllowing plan

‘+ Cover Page, prepared by Edge Consulting Engineers, dated
ITI, reference 34680-01, revision O

+ Enising Stnuctures Pian, prepare by Ege Consulting
Engneers, dated 1310721, reference 34080-02revion A

+ Engng Sinctures Pian, prepare by Edge Consulting
Engneers, dated 1210/21, reference 34660-03, revsion A

+ New Ste Pan, prepared by Eage Consulting Engineers,
dated 13/1021, reference 2480-04, evion A

+ Vessel Mooring Ste Plan, prepared by Edge Consulting
Engineers, dated 1210721, rlerence 24080-08,revsion D

‘+ Pontoon Layout Det, prepared by Ege Consuting
Engneers, dated 1410/2, relerence 24660-00fevion A

‘+ Elevations, prepare by Ege Consulting Engineer, dated
Ta/OZT eterence 2488007, revsion A

+ Pe Setout prepares by Edge Consulting Engineer, dated
13/1021, reference 2408005, evsion A

For be curation ofthe
works

 

3. _| Alvessels, stuctores plant and equipment associed wih the
constuction ofthe approved works must be imarked in accordance

wih the folowing specicatons and requrements such that
Undertaking the constuction works does nol cause ask fo the safe
navigaton of ships:

{@) any anchors deployed must be marked with yelow buoys,

‘and ted with FL yolow ight ted
(b) Iigningprovced must not ebscure. isquise or otherwise
intrare wi the afectvenees of avgatons ight.

Vine he works ae
coourng

 

©. _| The structure must be marke in aesordance withthe flowing
specticatons, such tatit does not cause a sk othe safe
navigaton of other ships:
(a) pedestrian syle lighting to gang way andlor retro reflective
{pe on portcen ples
(b) Iignting proved must nt obscure squise or otherwise
intrare wi the afectvenees of avgatons ight.

Bal imes

 

10___| The constuction, operation or maintenance ofthe stucture and any
ship moored at fis structure, must not mpede the safe navigation of
tthe ship or estit safe scons oor rom neighbouring sutures

aimee

 

TH | (@) Any debris or simiarcbstucton encountered whist
undertaking the work must be dsposed ofa the applicants

 

 

(and Atal times |

 

 

 


[Attachment: image8.png (image text)]
Attachment 2—Advice to the applicant

 

‘General advice

| Temns.and pirases used in bis dooument ave defined inthe Planning Act 2076s regulation,
or the State Development Assessment Provisions, version 3. a werd remains undetnea t
has ts ordinary meaning.

 

 

 

 

 


[Attachment: image9.png (image text)]
Attachment 3—Reasons for referral agency response

[Ger unger secon S57) othe Panning Ac 2976)

“The reasons for SARA's decision are:
«+ The development appiation i for 3 development permit fr operational work preserbed cal works)
and material change of use fo a landing (commercia) This works the refurbishment ofthe existing
Doathre landing st 222 Gympie Terace, Noosavl (Lot 160 on CPGOB64®) (the subject ste)
“+The subject sts inthe Noosa River and is encompassed bya seabed lease. The subject ste
smmedatlyacjons public reserve land and access is through Ely Pak.
‘+The refurbishment wil not est in an increase or intensity of the existing use, however, wil ove
the removal of some of the exsng inastueture and constucton of new inkastucure
“+The subject sts ina tidal waterway subject to coastal processes and therefore has been assessed
bby SARA aganst he State Development Assessment Provisions (SDAP). version 30, Sate code &.
Coastal development and tdal works (State code 8). SARA fds that the development complies with
State code 8, subject conditions te:
‘© ensure the development is cariad out generally in aocordance withthe plans of development
‘submit wih the appeaton
(© ensure the development avoids or minimises adverse impacts on coastal resources and their
wakes
(© ensure landowners are aware they must ake responsibility for their damaged property 25.
‘they can impact on coastal resoures and publ safety
‘2 alow for compiance n reiaton to what = considered generally in accordance wit the
‘approved plans when preliminary plans ae submited withthe application. Development
inconsistent wi the approval may have an impact on coastal management that was not
considered n assessment
‘© ensure any disturbance to aid sulfate sole managed to prevent impact to coastal
“+The subject ste is in a wateraay thats equented by commercial and private vessels. The subject
‘te is mapped as a developed marina and a hgh-isk martme development zone. The navgaton
comdorisin lose poxamay the subject ste. As such the development has been assessed by
‘SARA against the SDAP, version 3.0, State cove 7: Maite safety (State code 7). SARA fs that
the development complies wih State code 7, subject © conditions t:
(© ensue the development is cama out generally n aocordance withthe plans of development
‘submited wih the appeaton
(© ensure that tal times, aight on or above the development ste do notinterere wih safe
navigaton n surounding waterways.
(© ensue the safe navigaton of ether ships and unresticted access toftom neighbouring
(© ansure the development does not encroach onthe navigable waterway in away that
impeces the safe passage of vessels.

Material used in the assessment of the application:
‘+ The development appleation materal an submited plans

Planing Act 2016

“+ Planing Regulation 2017

“+ The SDAP, version 3.0, as published by the Department of State Development, Inastrucure, Local
(Goverment and Planning

‘The Development Assessment Rules

“+ SARADA Mapping system

“+ Human Rights Act 2019