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Delegated Report - Code - Planning MCU22 0017 [As Published] · MCU22/0017
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Coordinator Engineering, Mark Lewis
Development Assessment
APPLICATION DETAILS
Application No. MCU22/0017 & OPW22/0038
Applicant Kate Amanda Hay
Proposal Material Change of Use - Landing – Residential and
Operational Works - Jetty
Properly Made Date 15 February 2022
Information Request Date Not Applicable
Information Response Date Not Applicable
Decision Due Date 12 April 2022
Report Completed Date 1 March 2022
Report Reviewed By Diogo Carrico
PROPERTY DETAILS
Property Address 19 The Peninsula Noosaville Qld 4566
RP Description Lot 267 RP 856191
Land Area 730.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not Applicable
Local Plan Area Not Applicable
Overlays Acid sulfate, flooding
Assessment Type Code
Document Set ID: 21833243
Version: 4, Version Date: 01/03/2022
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1. PROPOSAL
The application seeks approval for a Material Change of Use - Landing – Residential and
Operational Works - Jetty
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
2. SITE DETAILS
2.1. Background
The application is for a jetty within the canal frontage of the subject site. There are no other existing
structures within the frontage.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
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Low Density Residential Zone Code;
Noosaville Local Plan Code;
Waterways Works Code
The application has been found to generally comply with all applicable statutory instruments.
It is noted that the level of the jetty deck indicated on the design plans is 1.2m AHD. Council
requires the jetty deck to be level with the top the revetment wall which is approximately 1.0m AHD
in Noosa Waters. Relevant conditions have been included and the approved plans have been
annotated accordingly.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Planning
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0017 OPW22/0038 for a Material Change of Use - Landing
– Residential and Operational Works - Jetty situated at 19 The Peninsula Noosaville Qld 4566 and
described as Lot 267 RP 856191, it is recommended the application be approved in accordance
with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU22/0017 & OPW22/038
Street address: 19 The Peninsula Noosaville Qld 4566
Real property description: Lot 267 RP 856191
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Landing – Residential and
Development Permit for Operational Works - Jetty
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
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4. ASSESSMENT MANAGER CONDITIONS
Approved Plans
1. 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
7882-S001 C1 Cover Sheet, Drawing Schedule and 12 November 2021
Locality Plan prepared by Black &
More
7882-S002 C1 General Notes – Sheet 1 of 2 12 November 2021
prepared by Black & More
7882-S003 C1 General Notes – Sheet 2 of 2 12 November 2021
prepared by Black & More
7882-S004 C1 Site Plan, Framing Plan and Jetty 12 November 2021
Elevations prepared by Black & More
As annotated by Council
7882-S005 C1 Typical Jetty Details Sheet 1 of 3 12 November 2021
prepared by Black & More
7882-S006 C1 Typical Jetty Details Sheet 2 of 3 12 November 2021
prepared by Black & More
7882-S007 C1 Typical Jetty Details Sheet 3 of 3 12 November 2021
prepared by Black & More
Currency Period
2. The Currency Period for this development approval lapses if all conditions have not been
complied with by 1 March 2024, unless an application to extend the currency period is
approved by Council.
General Conditions
3. The maximum number of vessels that may be berthed, moored, attached or stored on the
structure(s) must not exceed 2.
4. The use of the jetty must not cause any adverse effects on the amenity of the surrounding
areas including changes to light, views, air quality and noise.
5. Vessels berthed/moored at the jetty must be located a minimum of 1.0m from the
prolongation of the property boundaries.
6. Vessels and boatlifting devices must be connected directly to the jetty, and not located side
by side or in tandem with another vessel.
7. 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
8. All structures must have no detrimental effects on stormwater drains and/or easements.
9. Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
revetment wall.
10. A rigid handrail must be fitted on one side of the walkway.
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11. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide necessary support for the handrail.
12. 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.
13. 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.
14. 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.
15. Rock scour protection, wrapped in geotextile, extends from 750mm up to approximately
5000mm from the face of the revetment wall in Noosa Waters. Piles are to be:
a. Located clear of this rock protection where applicable, or alternatively
b. Where the scour protection extends beyond 750mm:
i. Prior to driving piles, the rocks are to be removed to expose the geotextile and
the geotextile cut neatly to allow it to be turned back. During pile driving, care is
to be taken to ensure the geotextile is not damaged. At the completion of pile
driving, the fabric is to be turned down around the pile and the rocks replaced
around the piles
16. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
17. Boat repair activities are not permitted on site.
18. Wastewater and sullage must only be disposed of at approved pumpout facilities.
19. The mooring facility must not be utilised for live-aboard purposes.
20. 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.
21. 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.
22. 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.
23. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans
5. REFERRAL AGENCIES
Not applicable.
6. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
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General Advisory Notes
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.
2. 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.
3. 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.
4. 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.
Building and Construction Industry (Portable Long Service Leave) Levy
5. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
been paid.
Aboriginal Cultural Heritage Act 2003
6. 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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
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Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
12. 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.
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