Decision Notice OPW19-0048 · OPW19/0048

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW19/0048 : JELDER
Your Reference:	.
24 April 2019
Body Corporate - Noosa Quays CTS5468
C/- The Jetty Specialists
2 Industrial Ave
CALOUNDRA  QLD  4551

[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 16 April 2019, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW19/0048
Street address:	Noosa Quays 4 Quamby Pl Noosa Heads Qld 4567
Real property description:	Lot 0 BUP 9869
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 (Pontoon system)
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
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
JSP-SJ-32000	A	Site Plan & Water Allocation prepared by Empire Engineering	23 January 2019
JSP-SJ-32001	A	Layout Plan prepared by Empire Engineering	23 January 2019
JSP-SJ-32002	A	Elevation prepared by Empire Engineering	23 January 2019
JSP-GW-006	J	Standard Catwalk Construction prepared by Cardno	22 January 2016
JSP-SD-142	E	Pile Bracket Construction to Suit 400 – 450 Piles & 8 Roller Bracket prepared by Cardno	23 October 2009
JSP-SD-045	C	315 & 400 Diameter Reinforced Concrete Insitu Pile Construction prepared by Cardno	20 April 2006
JSP-SD-212	B	Pontoon Construction Details FRP Concrete Reinforcing prepared by Empire Engineering	21 November 2016
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 at least one side of the walkway.
No boatlifting devices are to be attached or moored at the 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 pontoon 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 pon and gangway 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 (Development Audit & Response Officer 0428738563) to arrange the inspection.
This approval lapses where the construction of the pontoon system 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 12 April 2019 (Reference No. 1903-10214 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 Sustainable Planning Act 2009 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
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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 on 07 3247 6212 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.	Unitywater

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 13

[Attachment: image10.png (image text)]
a03-10214 SRA

‘The reasons for this decision are:
‘© To ensure the tidal works and pontoon are carried out generally in accordance with the plans of
‘development submitted withthe application
To facilitate the monitoring ofthe development works for compliance purposes.
‘To ensure that at all imes, all lights on or above the development ste do not interfere with safe
navigation in surrounding waterways.
‘+ To ensure that the coastal resource (State land) is appropriately administered under the Coastal
Protection and Management Act 1995 and the Land Act 1994,
‘To ensure impacts on coastal values (water quality) are avoided or minimised.
“To ensure importation of materials does not result in adverse impacts on coastal values,
‘To prevent any damaged structures from impacting on coastal resources and public safety.
Decision
‘+ The proposed development is located adjacent to Noosa Quay.
“The proposed development is fr the construction of a new private single vessel pontoon.
“The proposed structure, including any vessel berthed, moored or attached to the structure will not
impede maritime navigation,
“The proposed development will not impact on coastal processes or values.
Referral agency response: with conditions.

Evidence or other material on which the findings were based
‘+ Development application material
‘+ State Development Assessment Provisions, published by the Department of State Development
Manufacturing, Infrastructure and Planning, version 2.4
Planning Act 2016
Planning Regulation 2017

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page 20f2


[Attachment: image11.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image3.png (image text)]
 

ueenstand
ovement

‘State Development,
Manufacturing,
Infrastructure and Planning

 

Ourreference: 1902-10214 SRA
(Council ference: OPWISI0048

12.Apri 2019
‘The Chief Executive Officer
‘Noosa Shire Council
POBox 141

TEWANTIN QLD 4565
‘[email protected]

Attention: Steve Belt

Dear Mr Bett

Referral agency response—with conditions
(Given under section 5 ofthe Planning Act 2016)

“The development application described below was property referred to the Department of State
Development, Manufacturing, Infrastructure and Planning on 14 March 2018,

 

Applicant details
‘Applicant name: ‘Body Corporate for Noosa Quays CTS 5468
‘Applicant contact details: Ci The Jetty Specialist,
2 Industrial Avenue
Caloundra QLD 4551

[email protected]

Location details

 

 

‘Street address: ‘Noosa Quay, 4 Quamby Place, Noosa Heads
Real property description: _—_Lot 0. on BUPSBE8

Local government area: ‘Noosa Shire Council

Application details

‘Development permit, ‘Operational work for Pontoon System

‘South East Queensland (Neth) ejona
ote
ike Abe Bulking. Level, 12 Fist
‘Avenue, Mxcochyre

Page ofS PO Bor 1129, Matoochyore OLD A855


[Attachment: image4.png (image text)]
Referral triggers
“The development application was referred tothe department under the following provisions of the
Planning Regulation 2017:

 

© 1017344 ‘Tidal works or work in a coastal management district
© 1017324 ‘Tidal works or work in a coastal management district
Conditions

Under section 56(1)(b)() of the Planning Act 2016 (the Act), the conditions set out in Attachment 1 must
bbe attached to any development approval

Reasons for decision to impose conditions
“The department must provide reasons forthe decision to impose conditions. These reasons are set out in
Attachment 2.

Approved plans and specifications
‘The department requires thatthe plans and specifications set out below and enclosed must be attached
to any development approval

 

 

 

Drawingireport ttle Prepared by Date Reference no. | Versionvissue
‘Aspect of development: Development permit — operational works
Layout Pian The Jetty Specialist | 23 January | JSP-SJ-32001 | A

2019)

 

 

 

 

 

 

 

‘A copy of ths response has been sent to the applicant for their information.

For further information please contact Ruth Creffleld, Planning Officer, on $352 9775 or via email
‘[email protected] who will be pleased to assist.

‘Yours sincerely

Ashleigh Slater

‘Acting Manager - Planning and Development Services (SEQ North)

ce Body Corperate for Noosa Quays CTS 6488, [email protected]
lene Attachment 1~Conditons to be imposed

‘Astachmant 2—Rescons for decision to impose condition
‘Approved plans and specifestions

Deparment of State Development Manfachrng,intasrucre 2nd Planing Page 205


[Attachment: image5.png (image text)]
Attachment 1—Conditions to be imposed

ta03-10214 SRA

 

 

No,

Conditions

Condition timing

 

Development Permit — Operational works

 

‘Schedule 10, part 17, division 3, table 1, item 1—Tidal works —The chief executive administering the
Planning Act 2016 nominates the Director-General of the Department of Environment and Science to be
the enforcement authority for the development to which this development approval relates for the

 

 

only.

_administration and enforcement of any matter relating to the following condition(s)
1] The tidal works and pontoon must be carried out generally in For the duration ofthe
‘accordance with the folowing plan: ‘works and must be
+ Layout Plan, prepared by The Jetty Specialist, dated 23 maintained
January 2019 and drawing no JSP-SJ- 32001 and issue A
72 _| The works to which this approval relates are tobe for a private purpose | At all times

 

"Any operator and contractor involved inthe works to which this,
approval relates must:
'2)_be provided a copy of these referral agency conditions;
) install all measures, plant and equipment necessary to ensure
‘compliance with the conditions of this approval:
©) maintain such measures, plant and equipment in a proper and
efficient conditions; and
4) operate such measures, plant and equipment in a proper and
efficient manner.

During construction

 

For the tidal works and pontoon only use materials which are free from
‘contaminants as defined under section 11 of the Environmental
Protection Act 1994,

During Construction

 

‘Should the works become damaged as a result of erosion, flooding or
stom tide inundation, the registered landowner(s) ofthe subject land
shall be responsible for the removal of al debris at their own expense.

‘Atal times

 

admins

‘Schedule 10, part 17, division 3, table 2, item 1 Maritime safety - The chief executive administering the

Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads to be

the enforcement authority forthe development to which this development approval relates for the
istration and enforcement of any matter relating to the following condition(s)

 

a

“The development must be carried out generally in accordance with the
{following plans:

Layout plan prepared by The Jetty Specialist dated 23/01/2019,
reference JSP — SJ - 32001 and issue A.

For the duration of
works.

 

 

a). Provide written notice to:
Regional Harbour Master
Martime Safety Queensiand
‘Macarthur Avenue East
inkenba, QLD, 4008
MSQ_IDAS [email protected]
‘When the development authorised under this approval is
‘scheduled to commence.

Each notice must state this application number, the location and name
of registered place and the condition number under which the notice is
being given.

)_Provide written notice to:

 

 

(@) Atleast two (2)
‘weeks prior to the
‘commencement of
works.

(©) Within two (2)
‘weeks of the
completion of works.

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing

Paget

 


[Attachment: image6.png (image text)]
ta03-10214 SRA

 

‘Regional Harbour Master
Martime Safety Queensiand

‘Macarthur Avenue East

inkenba, QLD, 4008

MSQ IDAS [email protected]

‘when the development authorised under this approval has
bbeen completed.

Each notice must state this application number, the location and name
of registered place and the condition number under which the notice is
being given.

 

& | Allvessels, structures, plant and equipment associated withthe
Construction ofthe approved works must be Imarked in accordance
“withthe following specifications and requirements such that
undertaking the construction works does not cause 2 risk tothe safe
navigation of ships:
'2) Any anchors deployed must be marked with yellow buoys and
fitted with FL yellow lights.
Lighting provided must not obscure, disguise or otherwise interfere with
‘he effectiveness of navigational ighting

‘While the works are
‘occurring

 

 

2. _| The structure must be itmarked in accordance with the folowing
‘specifications, such that t does not cause a risk to the sage navigation
of other ships:

'2)_ Lighting must be provided in accordance with Maritime Safety
‘Queensland's requirements and section 3 of AS4282-1897
“Control of the obtrusive effects of outdoor lighting?

Lighting provided must not obscure disguise or otherwise interfere with
the effectiveness of naviagational lighting.

 

 

‘Atal times

 

Deparment of State Development Manfachrng,intasrucre 2nd Planing

Page dof

 


[Attachment: image7.png (image text)]
a03-10214 SRA

Attachment 2—Reasons for decision to impose conditions

 

‘The reasons for this decision are:
‘© To ensure the tidal works and pontoon are carried out generally in accordance with the plans of
{development submitted withthe application
To facilitate the monitoring ofthe development works for compliance purposes.
‘To ensure that at all imes, all lights on or above the development ste do not interfere with safe
navigation in surrounding waterways.
‘+ To ensure that the coastal resource (State land) is appropriately administered under the Coastal
Protection and Management Act 1995 and the Land Act 1994,
‘To ensure impacts on coastal values (water quality) are avoided or minimised.
“To ensure importation of materials does not result in adverse impacts on coastal values,
‘To prevent any damaged structures from impacting on coastal resources and public safety.
Decision
‘+ The proposed development is located adjacent to Noosa Quays.
“The proposed development is fr the construction of a new private single vessel pontoon.
“The proposed structure, including any vessel berthed, moored or attached to the structure will not
impede maritime navigation,
“The proposed development will not impact on coastal processes or values.
Referral agency response: with conditions.

Evidence or other material on which the findings were based
‘+ Development application material
‘+ _ State Development Assessment Provisions, published by the Department of State Development
Manufacturing, Infrastructure and Planning, version 2.4
Planning Act 2016
Planning Regulation 2017

Deparment of State Development Manfachrng,intasrucre 2nd Planing Pages of5


[Attachment: image8.png (image text)]
  

 

 

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[Attachment: image9.png (image text)]
ceeN

ueenstand

‘State Development,
Manufacturing,
Infrastructure and Planning

Department of State Development, Manufacturing, Infrastructure and Planning
‘Statement of reasons for application 1903-10214 SRA
(Given under section 58 ofthe Planning Act 2016)

 

Departmental role: Referral agency

Applicant details
‘Applicant name: ‘Body Corporate for Noosa Quays CTS 5488
‘Applicant contact details: Cl. The Jetty Specialist,

Location details

2 Industrial Avenue
‘Caloundra QLD 4551
[email protected]

 

 

 

‘Street address: ‘Noosa Quays, 4 Quamby Place, Noosa Heads
Real property description: Lot on BUPS8E9

Local government area: Noosa Shire Council
Development details

‘Development permit, ‘Operational work for prescribed tidal works (pontoon)
Assessment matters

‘Aspect of development ‘Applicable codes

‘requiring code assessment

 

district

Planning Regulation 2017,
‘Schedule 10, Part 17, Division 3, | State Code &: Coastal development and tidal works
‘Table 1, tem 1 — Tidal works or

work in'a coastal management

‘State Development Assessment Provisions, version 24,

 

 

Planning Regulation 2017,
‘Schedule 10, Part 17, Division 3, | State Code 7: Maritime Safety
“Table 2, tem 1 — Tidal works or

workin a coastal management

‘State Development Assessment Provisions, version 24,

 

 

 

district
‘South East Queensland (Nor) regional
oe
Hike Aer Buicng Level 3, 12 Fist
‘Averae Martyr

Page 1 of2 POBox 1128, Maroochydore QLD 4555