APPROVED Decision Notice OPW16/0189

Officer:	Patrick Murphy
Direct Telephone:	07 53296290
Our Reference:	OPW16/0189
Your Reference:	N/A

24 April 2017

Pile-It Pty Ltd
PO Box 672
NOOSAVILLE  QLD  4566

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009
I refer to your application and advise that on 20 April 2017, Council decided to:
A.	Approve the application for the following reasons:
1.	The existing works constructed are consistent with the Overall Outcomes of the Watercourses Works Code; and
2.	The existing works constructed are consistent with the relevant Specific Outcomes in the Watercourses Works Code with respect to:
Siting;
Character and Amenity; and
Design Construction and Safety
3.	The existing works constructed are consistent with the IDAS Code for Prescribed Tidal Works.
B.	Approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW16/0189
Street Address:	Jetty 290 Gympie Terrace, Noosaville  Qld  4566
Real Property Description:	Lot 159 CP 901988
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The following type of approval has been issued:
Development Permit for Operational Works Prescribed Tidal Works - Jetty
Relevant period of approval
The relevant period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
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
26159-S1	A	Jetty Plan and Details	June 2016
All structures associated with the development must be constructed wholly within the approved area
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 or rock wall. Upon completion of works, a certification by RPEQ must be provided to Council in this regard.
All structures must have no detrimental effects on stormwater drains and/or easements.
The jetty and deck areas must be constructed in a manner to render the underside area vermin proof
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.
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 works have been 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 date of this approval.  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.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
All necessary State government approvals relating to this development must be obtained.
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DSDIP Level 3 Mike Ahern Centre 12 First Avenue, Maroochydore  Qld 4558	Schedule 7, Table 2, Item 13—Tidal works, or development in a coastal management district Schedule 7, Table 2, Item 15—Tidal works, or development in a coastal management district	The agency provided its response on 27 February 2017. (Reference No. SDA-0916-033767). 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
That the Prescribed Tidal Works are to be used for the purpose of providing access to vessels and the ancillary lawful marine purposes conducted within the subject lease;
That the approval makes it clear that operational works approval in no way sanctions the use of the decks for a Type 1 Food and Beverage Business (i.e. café with dining facilities for 10 or more people) or other uses requiring prior approval under the planning scheme
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.
property notes
Not Applicable
preliminary approval overriding planning scheme
Not Applicable
further development permits required
No Applicable
self assessable codes
The following codes for self-assessable development related to the development approval issued under this Decision Notice must be complied with.

Not Applicable
submissions
Not Applicable
reasons/grounds for approval
Not Applicable
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 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. Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act 2009.)
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.
Yours faithfully

Patrick Murphy
Coordinator - Planning

cc	Unitywater
SARA

Enc:	Referral Agency Response
Approved Plans/Documents
Appeal Rights

	Referral Agency Response SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).
MATERIAL CHANGE OF USE, RECONFIGURING A LOT & OPERATIONAL WORKS

Division 8 	Appeals to court relating to development applications and approvals

461 	Appeals by applicants
(1) 	An applicant for a development application may appeal to the court against any of the following—
(a) 	the refusal, or the refusal in part, of the development application;
(b) 	any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c) 	the decision to give a preliminary approval when a development permit was applied for;
(d) 	the length of a period mentioned in section 341;
(e) 	a deemed refusal of the development application.
(2) 	An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a) 	if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b) 	otherwise—the day a decision notice was required to be given to the applicant.
(3) 	An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 	Appeals by submitters—general
(1) 	A submitter for a development application may appeal to the court only against—
(a) 	the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	the part of the approval relating to the assessment manager’s decision under section 327.
(2) 	To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a) 	the giving of a development approval;
(b) 	any provision of the approval including—
(i) 	a condition of, or lack of condition for, the approval; or
(ii) 	the length of a period mentioned in section 341 for the approval.
(3) 	However, a submitter may not appeal if the submitter—
(a) 	withdraws the submission before the application is decided; or
(b) 	has given the assessment manager a notice under section 339(1)(b)(ii).
(4) 	The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 	Additional and extended appeal rights for submitters for particular development applications
(1) 	This section applies to a development application to which chapter 9, part 7 applies.
(2) 	A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a prescribed concurrence agency for the application.
(3) 	However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a) 	if the prescribed concurrence agency is the chief executive (environment)—development for an aquacultural ERA; or
(b) 	if the prescribed concurrence agency is the chief executive (fisheries)—development that is—
(i) 	a material change of use of premises for aquaculture; or
(ii) 	operational work that is the removal, damage or destruction of a marine plant.
(4) 	Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a) 	a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);
(b) 	a referral agency’s response mentioned in subsection (2).

464 	Appeals by advice agency submitters
(1) 	Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2) 	The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a) 	any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b) 	any part of the approval relating to the assessment manager’s decision under section 327.
(3) 	The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4) 	However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 	Appeals about decisions relating to permissible changes
(1) 	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2) 	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3) 	Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 	Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency
(1) 	A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

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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 14

[word/header1.xml]
OPW16/0189

[Attachment: image10.png (image text)]
urreference:  S0A-0916.093787
Yourreference: OPWIA/0189

Attachment 2—Reasons for decision to impose conditions

 

‘The reasons for this decision are:

To ensure the development is carried out generally in accordance with the plans of
development submitted with the application.

To ensure landowners are aware they must take responsibility for their damaged
property as they can impact on coastal resources and public safety.

‘To ensure the natural processes and the protective function of landforms and
vegetation are maintained in coastal hazard areas.

To ensure any disturbance to acid sulphate soils is managed to prevent impacts to
coastal environments,

To ensure that the development does not interfere with any existing aids to
navigation.

To facilitate the monitoring of the development works for compliance purposes.

To ensure the development does not encroach on the navigable waterway in a way
that impedes the safe passage of vessels.

Deparment of rfastuchie, Local Goverment and Planing Page


[Attachment: image11.png (image text)]
Ourreference:  SDA-0016-083767
‘Yourreference: OPW16/0180
Attachment 3—Approved plans and specifications

 

This page has been intentionally left blank.

Deparment of nfasiucre, Local Govemment and Planing Page?


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Queenstand
Government

Department of Infastuctue

Local Government and Panning
urreference:  S0A-0916.093787

Yourreference: OPW18/0189
27 February 2017

‘The Chief Executive Officer
Noosa Shire Council

PO Box 141

TEWANTIN QLD 4565

Dear Sir/Madam

‘Concurrence agency response—with conditions
290 Gympie Terrace, Noosaville QLD 4566 (Lot 159 on CP901988)

(Given under secon 288 ofthe Sustainable Planning Act 2008)
‘The referral agency material for the development application described below was received
by the Department of Infrastructure, Local Government and Planning under section 272 of
the Sustainable Planning Act 2009 on 11 January 2017.

Applicant details

 

Applicant name: T-Boat Hire C/- Pile-it Pty Ltd

Applicant contact details: PO Box 672
NOOSAVILLE QLD 4566

[email protected]

 

Site details
Street address: 290 Gympie Terrace, Noosaville QLD 4566
Lot on plan: Lot 159 CP901988

Local government area: Noosa Shire Council

Application details

 

Proposed development. Development Permit for Operational Works Prescribed Tidal
‘Works — Extension to an existing deck

‘SEQNerh Region
Level Mike Ane Baling

‘2 Frst verve

FO Bor 1129 Maroochydore QLD 4858


[Attachment: image6.png (image text)]
Aspects of development and type of approval being sought

 

 

 

 

 

 

 

 

Nature of ‘Approval Brief Proposal of Tevel of
Development Type Description Assessment
Operational Work | Development | Extension to existing deck to_| Code Assessment
permit provide safe access and
waiting area for boat hire and
ferry customers
Referral triggers

 

‘The development application was referred to the department under the following

provisions of the Sustainable Planning Regulation 2009:

Referral trigger Schedule 7, Table 2, Item 13—Tidal works, or development in a
coastal management district
Schedule 7, Table 2, tem 15—Tidal works, or development in a
coastal management district

Conditions
Under section 287(1)(a) of the Sustainable Planning Act 2009, the conditions set out in
Attachment 1 must be attached to any development approval

Reasons for decision to impose conditions
Under section 289( 1) of the Sustainable Planning Act 2009, the department must set out the
reasons for the decision to impose conditions. These reasons are set out in Attachment 2.

Approved plans and specifications
‘The department requires that the following plans and specifications set out below and in
Attachment 3 must be attached to any development approval

 

 

 

 

 

DrawingiReport Title | Prepared by Date Reference | Versionilssue
no.
‘Aspect of development: Operational Work
Jey plan and detall ‘SCG Consulting | T0701 | 2IESST [A
Engineers
Fomm 15— Compliance | Sean Richardson, | 120072016 | -
Cerificate for building ‘SCH Consuiting
design or specifications | Engineers

 

 

 

 

 

‘A copy of this response has been sent to the applicant for their information,
For further information, please contact Candace Mitchell, Senior Planning Officer, SARA SEQ

North on (07) 5352 9708, or email SEQNorthSARA@dilgp ald gov.au who will be pleased to
assist.

Deparment of rfastuchie, Local Goverment and Planing Page2

 


[Attachment: image7.png (image text)]
 

Garth Nolan
Manager (Planning)

cc: T-Boat Hire Ci File-t Pty Lid, [email protected]
fenc: Attachment {Conditions to be imposed
‘Attachment 2—Raasons for decision fo impose conditions:
‘Attachment 3—Approved plans and specifications

“Department of Infrastructure. Looat Government and Planning

Paced.


[Attachment: image8.png (image text)]
urreference:  S0A-0916.093787
Yourreference: OPWIA/0189

Attachment 1—Conditions to be imposed

 

‘Conditions

Condition timing

 

‘Operational Work

 

‘Schedule 7, Table 2, Item 13—Pursuant to section 255D of the Sustainable Planning Act 2009, the

chief exe

‘ecutive administering the Act nominates the Director-General of Department of
Environment and Heritage Protection to be the assessing authority for the de

velopment to which

this development approval relates for the administration and enforcement of any matter relating to
the following condition(s)

 

1

The development must be carried out generally n accordance
with the following plans:
‘+ Jetty plan and detail prepared by SCG Consulting
Engineers dated 12/07/2016, reference Drawing no
28159-S1 and revision A,

‘At all times.

 

Ga) The works are to be atlached to the land the subject oF this
approval

(b) Should the works become detached the registered
landowner(s) shall be responsible for the collection and
removal of all debris at their own expense.

‘At all times.

 

“Sand must not be removed from the erosion prone area, and any
‘sand excavated from the site must be placed on the beach,
‘seaward of the work,

‘At all times.

 

‘As a result of works the subject of this approval any disturbed or
oxidised acid sulfate soil must be treated and managed in
accordance with the current Queensland Acid Sulfate Soil
Technical Manual: Soil management guidelines, prepared by the
Department of Science, Information Technology, Innovation and
the Arts, 2014.

‘At all times.

 

‘Schedule 7, Table 2, Item 15—Pursuant to section 255D of the Sustainable Planning Act 2009, the

chief exe
and Mai

‘ecutive administering the Act nominates the Director-General of Department of Transport
in Roads to be the assessing authority for the development to which this development

‘approval relates for the administration and enforcement of any matter relating to the following

‘conditior

nls):

 

5.

The development must be carried out generally n accordance
with the following plans:
‘+ Jetty plan and detail prepared by SCG Consulting
Engineers dated 12/07/2016, reference Drawing no
28159-S1 and revision A,

‘At all times.

 

‘Any navigational aid that is damaged due to the construction,
‘operation or maintenance of the approved development must be
‘promptly repaired or replaced at the applicants cost. In the event
that any damage is caused to any aid to navigation, the Harbour
‘Master must be immediately contacted on 07 3305 1700.

‘At all times.

 

 

“As Constructed" drawings of the approved structure must be
provided to Regional Harbour Master (Brisbane) - Address below.

Regional Harbour Master (Brisbane)
‘Maritime Operations Base

 

Within two (2) weeks
of the development
approval
‘commencing,

 

 

Deparment of rfastuchie, Local Goverment and Planing

Page

 


[Attachment: image9.png (image text)]
 

No. _ | Conditions Condition timing

 

‘Macarthur Avenue East
Pinkenba QLD 4008

 

 

& {@) Any debris or similar obstruction encountered whilst ‘At all times.
‘undertaking the work must be disposed of at the applicant's
cost.

(b) All piles andior structures to be demolished, both above and
below the waterline must be completely extractedlremoved

 

 

 

Deparment of rfastuchie, Local Goverment and Planing Pages