Council archive · source document
Negotiated Decision Notice - Concurrence Agency - QT (Maritime Safety) [As Published] · 142009.684
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2009/684
Your Reference:
5 August 2009
Queensland Transport
Maritime Safety
MacArthur Avenue East
PINKENBA QLD 4008
Dear Sir
Negotiated Decision Notice
Integrated Planning Act 1997
Your Department was a referral agency for the above application and provided a response
to Council in a letter dated 16 March 2009. Following representations made by the
applicant, Council on 29 July 2009 agreed to issue a Negotiated Decision Notice.
Details of the negotiated decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/684
Street address: 98 Hilton Terrace, Noosaville
Real property description: Lot 6 SP 116708
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 23 June 2009 decided to issue the following type of approval:-
Development Permit for Operational Works - Prescribed Tidal Works (Domestic Jetty)
In relation to representations, Council on 29 July 2009 decided to:
A. Agree to change Conditions 8 & 19.
B. Issue a Negotiated Decision Notice.
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered and titled: -
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2009/684
Plan / Document No. Rev. Plan / Document Name Date
JSP-SJ-21810 B Plan Layout & Elevation – The Jetty 11 February
Specialist 2009
JSP-SJ-21811 A Site Plan, General Layout & Water 24 February
Allocation – The Jetty Specialist 2009
and as may be amended by these conditions.
2. No posts or vertical supports of the proposed jetty are to extend vertically from the
structure unless they provide support for the handrail. In this regard, the proposed
fenders on the jetty head shall be limited in height to the top of the adjacent jetty deck.
3. All structures associated with the jetty and pontoon must be constructed wholly within
the approved Resource Entitlement Area.
4. Structures should be designed and constructed such that they are free standing
within the waterway and are not connected to the revetment wall or rock wall.
5. A rigid handrail shall be fitted on one side of the walkway.
6. No boat lifting devices are to be attached or moored at the jetty structure for the purpose
of elevating a vessel above the water without Council approval.
7. The jetty shall be constructed in a manner to render the underside area vermin proof.
8. The connection point for any electrical reticulation system extending beyond the
revetment wall must be located above the Q100 flood level.
9. 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.
10. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
11. Boat repair activities will not be permitted on site.
12. Wastewater and sullage shall only be disposed of at approved pump out facilities.
13. The mooring facility shall not be utilised for live-aboard purposes.
14. 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.
15. The approval or conditions do not constitute a ruling on structural safety and the
applicant must make their own arrangements to ensure adequacy of design and work.
This approval 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 statutes 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 and specifications as approved.
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16. Certification by a Registered Professional Engineer of Queensland shall be submitted
to Council prior to the return of any bond monies held by Council. The certification
shall state that the jetty, pontoon and regatta stairs have been constructed in
accordance with best practice methods, are accordance with Coastal Protection and
Management Act 1995, are structurally sound and will have no detrimental affect on
the existing revetment walls. A final inspection and approval of the structure 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.
17. A final inspection and approval of the structure by Council’s Inspector is required prior
to the return of any bond monies held by Council. Please contact Council’s Land
Development Section to arrange the inspection.
18. The jetty shall be licensed with the Council upon completion of the structural work and
shall be licensed annually thereafter.
19. The Development Permit for Operational Works lapses if the works have not been
completed by 29 July 2011, unless an application to extend the currency is approved
by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Operational Works Concurrence Queensland MacArthur Avenue East
that is Prescribed Transport - PINKENBA QLD 4008
Tidal Works Maritime Safety
Operational Works Concurrence Department of PO Box 15155
that is Prescribed Environment & CITY EAST QLD 4002
Tidal Works Resource
Management
A copy of any referral agency conditions is attached.
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
JSP-SJ-21810 B Plan Layout & Elevation – The Jetty 11 February 2009
Specialist
JSP-SJ-21811 A Site Plan, General Layout & Water 24 February 2009
Allocation – The Jetty Specialist
7 ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions
of approval:
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2009/684
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 commencement of work.
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 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 Subject of the required Development Permit
required
Nil
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2009/684
11 SELF ASSESSABLE CODES
Not applicable
12 SUBMISSIONS
Not applicable
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable
14 RIGHTS OF APPEAL
You have continuing appeal rights in respect of Council’s decision on your application.
Refer Section 4.1.27. 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
23 June 2009 - Original Decision Notice.
29 July 2009 - Negotiated Decision Notice
with amendments to
Conditions 8 & 19
Yours faithfully,
Denis Wallace
SENIOR DEVELOPMENT PLANNER
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2009/684
Referral Agency Conditions -
Queensland Transport (Maritime
Safety)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2009/684 7 of 13 [OCR of page images] 2009/684 The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel clearance at all stages of tide. The ship must comply with any local restrictions placed on channel depths and draft restrictions. Any ships and equipment you or your agent use must comply with the Transport Operations (Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the Transport Operations (Marine Pollution) Act 1995. Any ships using this structure must comply with the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Safety) Regulation 2004. 10. Any ship moored at this jetty must not impede the safe navigation of other ships.or restrict safe access to or from neighbouring structures. . Any ship, dry berth or device (including Air Lifting Pontoons) berthed, moored or attached to the pontoon/structure must not exceed thé following sizes: Wet Berth . Dry Berth : Length Overall-10 metres. : - N/A Beam - 4 metres 12. The contractor must construct the jetty within two years from the date of approval. If construction is not completed, you will need additional or amended comments from the Regional Harbour Master. Maritime Safety.Queensland does not need to be furthér consulted if all of the above conditions are — : st : ; _ The above conditions must be included in -your application to the assessment manager. This agency will also forward a copy of this letter to the Assessment Manager. Yours sincerely “7 Captain Richard C Johnson Gee Regional Harbour Master (Brisbane) - Maritime Safety Quoensland Page 2 of 2 7 of 13
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Referral Agency Conditions –
Department of Environment &
Resource Management
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2009/684 9 of 13 [OCR of page images] 2009/684 ros DERM Permit number: IPCCO1428009 ~~ Contaminated Land itis a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware a Notifiable Activity (as defined by Schedule 2 of the Environmental Protection Act 1994) is being carried out on the land or that the land has been affected by a hazardous contaminant, they must, within 30 days after becoming so aware, give notice to the Department of Environment and Resource Management. Ben Sale Delegate Environmental Services . Department of Environment and Resource Management 27 May 2009 roa. Feo Page 2 of 4 Department of Environment and Resource Management 9 of 13
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2009/684 10 of 13 [OCR of page images] 2009/684 " DERM Permit number: IPCC01428009 CONDITIONS OF APPROVAL General Permit Condition Agency Interest: Coastal 4 . Agency Int 4 All works are to be constructed in accordance with the attached approved drawings and specifications listed in the approved plans section in the notice attached to this permit. The chief executive administering the Coastal Protection and Management Act 1995 may order the works to be removed or modified, within a reasonable time, if the works have or are likely to have a significant effect on coastal management because the works: (a) create a navigation hazard or other danger to the public; or _ (b) cause erosion or land degradation; or . . (c) are unstable or have not been constructed according to the approved plans. .- te All reasonable and practicable measures must be taken to prevent pollution of watercourses or stormwater systems as a result of silt run-off, oil and grease spills from machinery, concrete truck washout and alike. Concrete agitator wash out must only be conducted in a specified area to facilitate the removal of waste concrete from the area to landfill. Wastewater from cleaning equipment must not be discharged directly or in-directly to any watercourses or stormwater systems. terest: Water There is to be no visible sediment plume greater than 30 metres from the proposed structure. !f a visible plume exists 30 metres from the proposed structure, works must immediately cease and a sediment curtain must be positioned around the plume until it has settled and is no longer visible. Department of Environment and Resource Management 10 of 13
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2009/684 11 of 13 [OCR of page images] 2009/684 res OERM Permit number: |IPCC01428009: =. DEFINITIONS Words and phrases used throughout this permit! are defined below. Where a definition for a term used in this permit’ is sought and the term is not defined within this permit" the definitions provided in the relevant legislation shall be used. “approval" means ‘notice of development application decision’ or ‘notice of concurrence agency response! under the /ntegrated Planning Act 1997. “approved plans" means the plans and documents listed in the approved plans section in the notice attached to this development approval. . “Department of Environment and Resource Management” means the department or agency (whatever called) administering the Coastal Protection and Management Act 1995 or the Environmental Protection Act 1994,. “land" in the “land schedule" of this document means land excluding waters and the atmosphere. “site” means larid or tidal waters or: or in which it is proposed to curry out the development approved under this development approval. “watercourse” means a river, creek or stream in which water flows permanently or intermittently- = __ina natural channel, whether artificiafly improved or not; or = in an artificial channel that has changed the course of the watercourse-~ "waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part- thereof. . . . “works” or "operation" means the development approved under this development approval. "you" means the holder of this development approval or owner / occupier of the land which is the subject of this development approval. END OF CONDITIONS Page 4 of 4 Department of Environment and Resource Management 11 of 13
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application may 4.1.29.(1) An advice agency may, within the limits of its
appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including any assessment; and
condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
submitter.
(2) An appeal under subsection (1)(a) to (d) must be
started within 20 business days (the “applicant’s appeal Appeals for matters arising after approval given
period”) after the day the decision notice or negotiated (co-respondents)
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
(3) An appeal under subsection (1)(e) may be started at development application, a person to whom any of the
any time after the last day a decision on the matter should following notices have been given may appeal to the
have been made. court against the decision in the notice-
Appeals by submitters (a) a notice giving a decision on a request for extension
4.1.28.(1) A submitter for a development application may of the relevant period for an approval;
appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including any minor change to an approval.
conditions (or lack of conditions) or other provisions (2) The appeal must be started within 20 business
of the approval; or days after the day the notice of the decision is given to
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the approval
days (the “submitters appeal period”) after the day the resulted from a development application (superseded
decision notice or negotiated decision notice is given to planning scheme) that was assessed as if it were an
the submitter. application under a superseded planning scheme.
(3) If a person withdraws a submission before the (4) Also, a person who has made a request
application is decided, the person may not appeal the mentioned in subsection (1) may appeal to the court
decision. against a deemed refusal of the request.
(4) If an application involves both impact assessment (5) An appeal under subsection (4) may be started at
and code assessment, appeal rights for submitters are any time after the last day the decision on the matter
available only for the part of the application involving should have been made.
impact assessment.
Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that
would have required public notification under the 4.1.31.(1) A person to whom any of the following notices
repealed Act. have been given may appeal to the court against the
decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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2009/684
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the (a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an appeal
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
charges schedule or regulated State infrastructure
Division 3 – Appeals to tribunals relating to
charges schedule.
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application may
appeal to the Building and Development Tribunal against
any of the following-
(a) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or cancelled
by assessment manager or concurrence agency in certain
circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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