Decision Notice - Approved by Delegation of Authority OPW20 0117

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW20/0117  : JElder
Your Reference:	20153
5 February 2021
D Hales & L Hales
C/- Project Urban
PO Box 6380
MAROOCHYDORE  QLD  4558
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 2 February 2021, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW20/0117
Street address:	37 Mossman Ct Noosa Heads Qld 4567
Real property description:	Lot 83 N 21847
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Prescribed Tidal Works (Removal of retaining wall, existing jetty and boat ramp. Installation of new boundary wall and jetty).
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
30153-N		Construction Notes prepared by SCG Consulting Engineers	June 2020
30153-J1	A	Site Demolition Plan prepared by SCG Consulting Engineers as annotated by Council	June 2020
30153-J3	B	Jetty and Site Plan prepared by SCG Consulting Engineers as annotated by Council	June 2020
30153-J4	B	Jetty Framing Plan and Details prepared by SCG Consulting Engineers	June 2020
30153-J7		Jetty Accessories and Framing Details prepared by SCG Consulting Engineers	June 2020
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 2 February 2023, unless an application to extend the currency period is approved by Council.
General Conditions
All elements of the existing jetty, boat ramp and revetment wall (both above and below ground level) must be wholly removed as part of these works.
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.
No posts or vertical supports of the proposed jetty 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 jetty 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 jetty 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.
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 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 6500 to arrange the inspection.
This approval lapses where the construction of the jetty 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 Works in a Coastal Management District	The agency provided its response on 13 January 2021  (Reference No. 2007-18004 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.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural heritage.
You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
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,

Mark Lewis
Coordinator - Engineering

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents

cc.	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])

	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 17

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avensiand
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SARA reference: 2007-18004 SRA
Counci ference: OPW209817

‘Appiant reference: 20153

13 January 2021

Chief Executive Officer
Noosa Shire Counci
POBox 141

‘Tewantin ld 4565
rmail@noosa qld gov.au

[Attenton: — MeMark Lewis

esr MeLewis

SARA response—37 Mossman Court, Noosa Heads

(Reteral agency response given under secon 56 ofthe Planning Act 2016)

“The development appliction described below was confirmed as propery refered by the State
‘Assessment and Referal Agency (SARA) on 17 November 2020.

Response
‘Outcome

Date ofresponse:
‘Condition:

Advice:

Reasons:
Development details

Description:

“SARA rol:
‘SARA tigger:

Pagerers

Referral agency response — with conditions.
13 January 2021

“The conditions in Attachment 1 must be atsched to any
evelopment approval

‘Advice othe applicants in Attachment 2
“The reasons forthe referral agency response are in Attachment 3.

Development permit Operational wrk for prescribed tidal works
involving the removal of existing revetment
‘wal jetty and boat ramp and installaton of
‘ew revetment wall and ety

Referral agency

‘Schedule 10, Pan 17, Division 3, Table 1 (Planning Regulation 2017)
“Tidal works orworks ina oostal management iste

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fie sper Buna, eve 3. Ft
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‘Schedule 10, Pan 17, Division 3, Table 2 (Planning Regulation 2017)

“Tidal works or works in a costal management distict

“SARA reference: 2007-18004 SRA
Assesement Manager Noosa Shire Council
‘Street adaress: {37 Mossman Court Noosa Heads
Real property description: Lot 83 on N21847
‘Applicant name: David and Louise Hales
Applicant contact details: (Cl. Project Urban

FO Bor 6280

Maroochydore BC QLD 4558,

tis [email protected]

Representations
“Am applicant may make representations We a concurrence aganay, sv any te before the appveaton
Gecided, about changing a matter he referral agency response (5.20 Development Assessment Rules)
Copies ofthe relevant provisions aren Atachment &

‘A copy ofthis response has been sent othe appcant for thei information.

For futher information please contact Darika Cowie, Principal Planning Officer. on O7 8362 8778 or vis
‘email [email protected] who wil be pleased to assist

Yours sincerely

 

(Garth Nolan
Manager (Planning)

c= David and Louise Hales, tsh hooper@proecturban com au

ene tachment 1 -Referal aganeyconstons
‘Atachment 2" Acoso be appocant
‘Atachment 3. Reasons for referral agancy response
‘Atachment 4 Representatons provsions
‘Atachment 5 - Approved plans and spectications

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Attachment 1—Referral agency conditions

“Tider secon S6(1)BN ofthe Planning Act 2076 the allowing conditions Rust be aachedT any Gevcopme
‘spproilrelaing to ts application) (Copies othe pans and specifeatons referenced below are found at

‘Atachment 8)

 

No._| Conditions

‘Condition timing

 

‘Operational work for preseribed tidal works:

 

to the folowing conditions:

10.17 3.1.1_The chief executive administering the Planning Act 2016 nominates the Drecior General
of the Deparment of Environment and Science to be the enforcement authoty for the development fo
which this development approval relates forthe administration and enforcemer

rt of any matter relating

 

1.__| The proposed works must be carried aut generally in aocordance
wih the folowing plans:
‘+ Site Demolition Pian prepared by SCG Consulting

Engineers, dated June 2020, drawing no. 301531, revision
‘A. as amended in red by SARA, dated 13 January 2021:

+ Jety Framing Plan and Details, prepared by SCG Consuting
Engineers, dated June 2020, drawing no. 30153-J4, revision
Brand

‘+ Jety and Site Plan prepared by SCG Consulting Engineers,
ated 1110121, drawing no. 30153-13, revision C.

Forthe duration ofthe
works.

 

For the proposed works, only use clean materials and ensure that
‘the works do nat eause contamination. To achieve this only use |
materials which are free from contaminants as defined under sacton
1 ofthe Environmental Protection Act 1994

Forthe duraton ofthe

 

 

Erosion and sediment contr measures which aren sovordance
wth the Bact Practice Erosion and Sechment Control (@PESC)
[guidelines for Australa (International Erosion Control Associaton).
{re to be installed and maintained to prevent the release of sediment
fe tial waters
‘Should any aspect ofthe revetment wal or jety collapse, fal or
‘otherwise suffer structural consequences which impact their integrity
‘or abit o function as intended, the works must be:
(a) reinstated in accordance wih this development approval oF
(©) removed and disposed of at an appropriately licensed
‘city,

Forthe duraton ofthe
works.

“As soon as reasonably
practeable subsequent
fe the damage.

 

 

(@)__ Inthe event thatthe works cause disturbance or oxdisation
of acid sufate sol the affected soll must be treated and
‘hereafter managed (untl the affected sol has been
neutralised or contained) in accordance with the curent
‘Queensland Acid Sulfate Soi Technical Manus: Sol
‘management guidelines. prepared by the Department of
‘Scienoe, Information Technology Innovation and the As,
2014.

(©) Certfcation by an appropriately qualified person, confirming
‘thatthe affected soi has been neutralised or contained, in
‘cordance with (a) above sto be provided to
[email protected] gov.au or mailed te:

 

Department of Environment and Science

(@) Upon disturbance:
‘or onsieaton unt
the affectes 20)
has been
neuiaised or
‘contained.

[Atthe time the sos
have been neutralised
orcontained.

 

 

 

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Page sors


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‘Permit and Licenes Management
Implementation and Suppor Unt
GPO Box 2454
Brisbane Gis 4001

Note: Acoroptsey qualified person(s) means a person or persons who has
‘rofessonal quasicatons, raring, skils and experience evant sl
‘Shemisiy or ac sulfate soll management and can ve aubrtative
‘sessment advice and analysis laton fo acd sulfate ol management
{sing the relevant protoels, standards, methods or Heratre

 

10.17.3.2 1— The chief executive administering the Planning Act 2016 nominates the Director-General
‘of the Deparment of Transport and Nain Roads o be the enforcement authorty forthe development
to which this development approval relates forthe administration and enforcement of ary mater
relating tothe fllowing conditions:

 

@.__] The development must be caried out ganeraliyn accordance with | Forth duraton ofthe.
the folowing plans: works.

‘+ Jety and Site Plan prepared by SCG Consulting Engineers,
Gated 110121, drawing no. 30153-13, revision C.

 

7._|(@) Provide witten notice te:
Regional Harbour Master
‘Martime Safety Queensland 2) At least two (2)
Macarthur Avenue East weeks prior to the
Pinkenbs, Qld. 008 ‘commencement of
mmeq idee Brsbane@menaldgowsy works

when the development authorised under this approval is
‘chadulad to commence

Each notice mus state this application number, the location and
‘name of registered place and the condition number under which
the notice i being given

(©) Provide written notice to:
Regional Harbour Master

‘Martime Safety Queensland 1) Within two (2) weeks.
Macarthur Avenue East ‘of the completion of
Pinkenbs, Qld. 4008 ce

msg idee [email protected]

when the development authorised under this approval has been
completed

Each notice must state this application number, the location and
‘name of registered place and the condition number under which

 

the notice i being given
8. _| "As Constructed” drawings of te approved structure must be ‘Within two @2) weeks of
provided to: the completion ofthe
‘Regional Harbour Master works.
Mariime Safety Queensiand

Macarhur Avenue East
Pinkenba, Gla, 4008.
ids brisbane wu

 

 

| Alvessels, structures, plant and equipment associated wit the | While the works are

 

 

 

 

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‘construction ofthe approved works must be Itmarked in accordance | cosuring.
‘wih the folowing specications and requirements such that

undertaking the constuction works does not cause a risk to the safe
navigation of ships:

(2) Any anchors deployed must be marked with yellow buoys:
‘and fited with FL yelow lights ited,

(©) Lighting provided must not obscure, disguise or otherwise
interore wih the ffectveness of navigational ightng.

70._| The sircture must be marked in aocordance wih the folowing | Atal mes
‘spectications, such that it does not cause a risk to the safe
navigation of other ships:

 

(2) Lighting must be provided in accordance with Maritime
Safety Queensland's requirements and section 3 of AS
“4282-1067 ‘Control of the obtnsive effects of outdoor
lighting’

(©) Lighting provided must not obscure, disguise or otherwise
interfere wi the affeciveness of navigational ightng.

 

Ti._| (@) Any debris or similar obstruction encountered whist undertaking | Atall mes
the work must be disposed ofa the applicant's cost

() Allpiles andlor structures to be demolished, both above and
below the waterine must be completely extractediremoved

 

 

 

 

 

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Attachment 2—Advice to the applicant

 

General advice

7 __| Terms and phrases used in this cosument are defined inthe Planning Act 2076 fs regulation or
the State Development Ascesoment Provisions (SDAP) 26. Ifa word remains undefined thas
its ordinary meaning.

 

 

 

 

 

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Attachment 3—Reasons for referral agency response
(Given under secon E57] of te Planing Act 20767

“The reasons for SARA’s decision are:

‘+ To ensure the development is cared out generally in accordance with the plan of development
submited with the application,

‘+ To facitate the monitoring ofthe development works for compliance purposes.

4+ Tocensure that st imes, all ight on or above the development site do not interfere with safe
navigation in surounding waterways.

4+ Totensure the development does not encroach onthe navigable waterway in a way that impedes the
safe passage of vessels.

‘+ Toensure the development avoids or minimises adverse impacts on coastal rescuroes and their
vabes.

‘© Totensure landowners are aware they must take responsibility for ther damaged property as they
‘can impact on coastal resources and public safety.

4+ Toensure any disturbance to acid sulfate sole fs managed to prevent impacts to cosstal

“+ Findings on material questions of fact
1+ The proposed development sloestad in developed waterway (Noosa River
‘+The proposed development is forthe constriction of a removal ofthe revetment wall, bost ramp and
{tty and the instalation ofa revetment wall and ety for private use fora single vessel
‘+The proposed structure, including any vessel berthed, moored or attached tothe structure:
(© will not encroach into, pass over or under a navigation condor, and
© is notlocated in ahigh risk martime development zone.

Material used inthe assessment ofthe application:
“The development application material and submited plans

Planning Act 2016

Planning Regulation 2017

“The State Development Assessment Provisions (version 2.6), 2s published by SARA

“The Development Assessment Rules

‘SARA DA Mapping system

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