Decision Notice - Change to an Existing Approval - 010.2008.00000611.002 [As Published] · 142008.611.02

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       Plan         /      Rev.    Plan / Document Name                          Date
       Document No.
       08/23-1             A       Working Drg        –     John   Norden    &   February 2008
                                   Associates
       GAD2                0                                                     25 July 2004
                                   Airberth Secured to Jetty Posts –
                                   Airberth
       GAD1                0                                                     25 July 2004
                                   Airberth Secured to Jetty Posts –
                                   Airberth

      and as may be amended by these conditions.
2.    Structures should be designed and constructed such that they are free standing within the
      waterway and are not connected to or behind the revetment wall.
3.    The boat lifting device is to be located in conjunction with the approved jetty and shall not
      extend beyond the end of the approved jetty and with an overall width no greater than 3.0m.
4.    The boat lifting device is to be fixed to the approved jetty as such it forms part of the structure
      and generally perpendicular to the revetment wall.
5.    There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
6.    Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
7.    The boat lifting device is to be used for private purposes only with no commercial operations to
      be undertaken.
8.    Boat repair activities will not be permitted on site.
9.    Wastewater and sullage shall only be disposed of at approved pumpout facilities.
10.   The mooring facility shall not be utilised for live-aboard purposes.
11.   Any construction and post construction activity is not to impact on the condition of the
      waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA
      (1994) and the Environmental Protection (Water) Policy 1997.
12.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangement to ensure adequacy of design and work. Also any approval
      granted does not warrant that such plans and specifications have been checked in detail, nor
      does it absolve the owner of the land from complying with all the conditions of this approval
      and/or relevant Council By-Laws and Policies and/or relevant statues and/or statutory
      regulations in the execution and/or performance of said works. The Council does not accept
      any responsibility for the accuracy of such plans
13.   Certification by a Registered Professional Engineer of Queensland that states that the boat
      lifting device has been constructed in accordance with best practice methods and are
      structurally sound shall be submitted to Council prior to the return of any bond monies held by
      Council. A final inspection and approval of the structures by Council’s Inspector is also
      required prior to the return of any bond monies held by Council. Please contact Council’s
      Land Development Section to arrange the inspection.
14.   The boat lifting device shall be licensed with the Council upon completion of the structural
      work and shall be licensed annually thereafter.

5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
                                                                                        Page 2 of 6

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 Referral Trigger                Referral Status   Referral Agency         Referral Address

 Nil

6        APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.         Rev.     Plan / Document Name                       Date
 08/23-1                     A        Working Drg – John          Norden     &   February 2008
                                      Associates
 GAD2                        0                                                   25 July 2004
                                      Airberth Secured to Jetty Posts –
                                      Airberth
 GAD1                        0                                                   25 July 2004
                                      Airberth Secured to Jetty Posts –
                                      Airberth

7        ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required as a result of
   construction constraints, a Change to an Existing Approval Application under the Integrated
   Planning Act must be made. Amended plans clearly indicating the changes must be lodged with
   this application along with the appropriate fees.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
   Local Law No. 12, prevents a builder or building contractor carrying out building work on a
   building site in a way that makes or causes audible noise to be made from the building work:-
       2.1. On a Sunday or public holiday, at any time; or
       2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
       A maximum penalty of $1,500 applies to an offence under this legislation.
3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the
   cost of operational works exceeds $80,000, then a portable long service leave levy is required to
   be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved
   form issued by the Building and Construction Industry (Portable Long Service Leave) Authority
   that confirms that the requirements of the Act have been satisfied. A statutory declaration
   outlining the cost of the operational works must be submitted to Council prior to the
   commencement of any works over the site.
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.
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 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.

                                                                                         Page 3 of 6

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You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8      PROPERTY NOTES
Not applicable

9      PRELIMINARY APPROVAL OVERRIDING SCHEME

Not applicable
10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required         Subject of the required Development Permit
 Nil

11     SELF ASSESSABLE CODES
The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
Nil

12     SUBMISSIONS
Not applicable

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable

14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY
 Original Decision Notice issued 22 April 2008.
 Changes to an Existing Approval issued 9
  July 2008 with amendment to Condition 1.
Yours faithfully,




Denis Wallace
PLANNING OFFICER
                                                                                    Page 4 of 6

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                                                    Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                       (5) If an application is processed under section
Planning Act (Chapter 4).                                       6.1.28(2), appeal rights for submitters for the
                                                                application are available only for the aspects of the
Division 8 - Appeals to court relating to                       development that would have required public
development applications                                        notification under the repealed Act.
Appeals by applicants                                                 (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application           concurrence agency code, appeal rights for
may appeal to the court against any of the following-           submitters for the application are not available against
(a) the refusal, or the refusal in part, of a development       the part of the approval that represents the
    application;                                                concurrence agency’s response for the code.
(b) a matter stated in a development approval,                  Appeals by advice agency submitters
    including any condition applying to the                     4.1.29.(1) An advice agency may, within the limits of
    development, and the identification of a code               its jurisdiction, appeal to the court about the giving of
                          1
    under section 3.1.6;                                        a development approval for a development
(c) the decision to give a preliminary approval when a          application if-
    development permit was applied for;                         (a) the development application involves impact
(d) the length of a currency period;                                  assessment; and
(e) a deemed refusal.                                           (b) the advice agency told the applicant and the
                                                                      assessment manager to treat its response to the
    (2) An appeal under subsection (1)(a) to (d) must                 application as a submission for an appeal.
be started within 20 business days (the “applicant’s
appeal period”) after the day the decision notice or                  (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant.           days after the day the decision notice or negotiated
                                                                decision notice is given to the advice agency as a
    (3) An appeal under subsection (1)(e) may be                submitter.
started at any time after the last day a decision on the
matter should have been made.                                   Appeals for matters arising after approval given
                                                                (co-respondents)
Appeals by submitters
                                                                4.1.30.(1) For a development approval given for a
4.1.28.(1) A submitter for a development application            development application, a person to whom any of the
may appeal to the court about-                                  following notices have been given may appeal to the
(a) the giving of a development approval, including             court against the decision in the notice-
    any conditions (or lack of conditions) or other             (a) a notice giving a decision on a request for
    provisions of the approval; or                                    extension of the currency period for an approval;
(b) the length of a currency period for the approval.           (b) a notice giving a decision on a request to make a
    (2) The appeal must be started within 20 business                 minor change to an approval.
days (the “submitters appeal period”) after the day                   (2) The appeal must be started within 20 business
the decision notice or negotiated decision notice is            days after the day the notice of the decision is given
given to the submitter.                                         to the person.
    (3) If a person withdraws a submission before the                 (3) Subsection (1)(a) does not apply if the
application is decided, the person may not appeal the           approval resulted from a development application
decision.                                                       (superseded planning scheme) that was assessed as
    (4) If an application involves both impact                  if it were an application under a superseded planning
assessment and code assessment, appeal rights for               scheme.
submitters are available only for the part of the                     (4) Also, a person who has made a request
application involving impact assessment.                        mentioned in subsection (1) may appeal to the court
                                                                against a deemed refusal of the request.
                                                                      (5) An appeal under subsection (4) may be started
                                                                at any time after the last day the decision on the
1                                                               matter should have been made.
    Section 3.1.6 (Preliminary approval may override local
    planning instrument)
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Division 9 - Appeals to court about other matters          Appeals by applicants
Appeals for matters arising after approval given           4.2.9(1) An applicant for a development application
(no co-respondents)                                        may appeal to the Building and Development Tribunal
4.1.31.(1) A person to whom any of the following           against any of the following-
notices have been given may appeal to the court            (a) the refusal, or the refusal in part, of a development
against the decision in the notice-                            application;
(a) a notice giving a decision on a request to change      (b) a matter stated in a development approval,
    or cancel a condition of a development approval.           including any condition applying to the
                                   2
(b) a notice under section 6.1.44 giving a decision to         development, and the identification of a code
                                                                                     3
    change or cancel a condition of a development              under section 3.1.6;
    approval.                                              (c) the decision to give a preliminary approval when a
    (2) The appeal must be started within 20 business          development permit was applied for;
        days after the day the notice of the decision is   (d) the length of a period mentioned in section 3.5.21
        given to the person.                                   currency period;
    (3) Also, a person who has made a request              (e) a deemed refusal.
        mentioned in subsection (1)(a) may appeal to           (2) An appeal under subsection (1)(a) to (d) must
        the court against a deemed refusal of the          be started within 20 business days (the “applicant’s
        request.                                           appeal period”) after the day the decision notice or
    (4) An appeal under subsection (3) may be started      negotiated decision notice is given to the applicant.
        at any time after the last day the decision on         (3) An appeal under subsection (1)(e) may be
        the matter should have been made.                  started at any time after the last day a decision on the
Appeals against decisions to change approval               matter should have been made.
conditions under the repealed Act                          The Registrar for the Building and Development
4.1.33A.(1) A person who is dissatisfied with a            Tribunal may be contacted at the website
decision made on an application to change the              http://www.localgovernment.qld.gov.au/
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications


2
     Section 6.1.44 (Conditions may be changed or
                                                           3
    cancelled by assessment manager or concurrence             Section 3.1.6 (Preliminary approval may override local
    agency in certain circumstances)                           planning instrument)
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