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Delegated Report - Code - Planning MCU22 0207

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               DEVELOPMENT ASSESSMENT DELEGATED REPORT

               Author                  Coordinator Engineering, Mark Lewis
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                 MCU22/0207 & OPW22/0314

                    Applicant                       Robert David Martyr and Catherine Ellen Martyr

                    Proposal                        Material Change of Use - Landing – Residential and
                                                    Operational Works – Prescribed Tidal Works - Jetty

                    Properly Made Date              2 December 2022

                    Information Request Date        23 December 2022

                    Information Response Date       27 February 2023

                    Decision Due Date               2 May 2023

                    Report Reviewed &               Daniel Epps – 12 April 2023
                    Finalised By


                    PROPERTY DETAILS

                    Property Address                24 Wesley Ct Noosa Heads Qld 4567

                    RP Description                  Lot 45 N 21844

                    Land Area                       649.0000 m²

                    Existing Use of Land            Residential


                    STATUTORY DETAILS

                    SEQRP Designation               Urban Footprint

                    Zone                            Low Density Residential

                    Precinct                        Not Applicable

                    Local Plan Area                 Noosa Heads

                    Overlays                        Acid Sulfate Soils, Flood

                    Assessment Type                 Code

               1.      PROPOSAL
               The application seeks approval for a Material Change of Use - Landing – Residential and
               Operational Works – Prescribed Tidal Works – Jetty.



Document Set ID: 22369420
Version: 4, Version Date: 13/04/2023
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Page 2

               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




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Document Set ID: 22369420
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                                                       Figure 2 – Site Plan


               2.     SITE DETAILS
               2.1. Background
               There is no higher order approval requiring the works.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •    State Planning Policy;
               •    South East Queensland Regional Plan;
               •    Planning Regulation 2017;
               •    Coastal Protection and Management Act; and
               •    Noosa Plan 2020.
               3.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •    Watercourses Work Code
               The application has been found to generally comply with all applicable statutory instruments.
               Assessment
               It is noted that a number of the submitted plans also indicate modifications and extensions to the
               existing dwelling. These modifications and extensions are not part of the subject application and
               the approved plans will be annotated accordingly.

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               4.      CONSULTATION
               4.1. Referral Agencies
               The applicant was referred to the following Referral Agencies:
               •     Department of Infrastructure, Local Government and Planning (SARA)
               The Department is a referral agency for operational work for tidal works or works in a tidal
               management district
               The Department has responded on the 15 March 2023 advising that they are in support of the
               application subject to conditions.
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •     Planning
               5.      CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No MCU22/0207 for a Material Change of Use - Landing – Residential
               and OPW22/0314 for Prescribed Tidal Works – Jetty situated at 24 Wesley Ct Noosa Heads Qld
               4567 and described as Lot 45 N 21844, it is recommended the application be approved in
               accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:               MCU22/0207 & OPW22/0314

                   Street address:               24 Wesley Ct Noosa Heads Qld 4567

                   Real property description:    Lot 45 N 21844

                   Planning Scheme:              Noosa Plan 2020 (25 September 2020)

               2.      DECISION DETAILS

               Council decided to issue the following type of approval:
               •     Development Permit for Material Change of Use - Landing – Residential and
               •     Development Permit for Prescribed Tidal Works – Jetty.
               3.      CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.
               4.      ASSESSMENT MANAGER CONDITIONS

                       Approved Plans
               1.      Development undertaken in accordance with this approval must generally comply with the
                       approved plans of development. The approved plans are listed in the following table unless
                       otherwise amended by these conditions.

                          Plan No.              Rev.   Plan/Document Name                     Date


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                         CR-2023-K           <      Site Plan prepared by Mandy’s Drafting 16 February 2023
                                                    Only
                                                    As Annotated by Council

                         22-0632-F3          B      Foundation and Jetty Plan prepared by 16 February 2023
                                                    Lindsay Consulting
                                                    As Annotated by Council

                         22-0632-F4          B      Typical Foundation Detail prepared by 16 February 2023
                                                    Lindsay Consulting

                      Currency Period
               2.     The Currency Period for this development approval lapses if all conditions have not been
                      complied with, and the plan of survey lodged with Council for endorsement by 12 April 2025,
                      unless an application to extend the currency period is approved by Council.
                      Performance Bond
               3.     Security in the form of a cash bond or trading bank guarantee to the sum of $2000 must be
                      submitted to Council, to secure performance of all conditions of this approval, prior to the
                      commencement of the works. The cash bond or trading bank guarantee will be returned on
                      performance of the conditions of this approval less any costs incurred by Council in respect
                      of enforcing performance of this permit. Council reserves the right to call upon the bond or
                      guaranteed sum to effect compliance with conditions.
                      General Conditions
               4.     The maximum number of vessels that may be berthed, moored, attached or stored on the
                      structure must not exceed 2.
               5.     The use of the jetty must not cause any adverse effects on the amenity of the surrounding
                      areas including changes to light, views, air quality and noise.
               6.     Vessels berthed/moored at the jetty must be located a minimum of 1.0 metres from the
                      prolongation of the property boundaries.
               7.     Vessels and boatlifting devices must be connected directly to the jetty, and not located side
                      by side or in tandem with another vessel.
               8.     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
               9.     All structures must have no detrimental effects on stormwater drains and/or easements.
               10.    Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
                      revetment wall.
               11.    A rigid handrail must be fitted on one side of the walkway. The handrail must be of an open
                      design and be visibly unobtrusive.
               12.    No posts or vertical supports of the proposed jetty are to extend vertically from the structure
                      unless they provide necessary support for the handrail.
               13.    No boatlifting devices are to be attached or moored at the jetty structure for the purpose of
                      elevating a vessel above the water without Council approval.
               14.    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.
               15.    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.


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               16.    The jetty is to be used for private purposes only with no commercial operations to be
                      undertaken.
               17.    Boat repair activities are not permitted on site.
               18.    Wastewater and sullage must only be disposed of at approved pumpout facilities.
               19.    The mooring facility must not be utilised for live-aboard purposes.
               20.    Any construction and post construction activity is not to impact on the condition of the
                      waterway, and is to be conducted so as not to breach the Environmental Protection Act EPA
                      (1994) and the Environmental Protection (Water) Policy 2009.
               21.    Certification by a Registered Professional Engineer of Queensland that states that the jetty
                      is constructed in accordance with best practice methods and is structurally sound must be
                      submitted to Council. This certification must be submitted to Council within three (3) months
                      of the completion of the works. A final inspection and approval of the structure by Council’s
                      Inspector is also required. Please contact Council’s Development Assessment Branch on
                      5329 6500 to arrange the inspection.
               22.    This approval lapses where the construction of the jetty has not commenced within two (2)
                      years of the date of issue of the approval, unless application is made and approved by
                      Council for an extension.
               23.    After completion, the proposed works must be maintained in a sound state of repair in
                      accordance with the approved plans
               5.     REFERRAL AGENCIES

               The referral agencies applicable to this application are:

                Referral Status        Referral Agency and Referral Trigger                 Response
                                       Address

                    Concurrence        SARA at DILGP Via           Planning Regulation      The agency provided its
                                       MyDAS2 at                   2017 Schedule 10, Part   response on 15 March
                                       https://prod2.devasses      17 – Tidal Works or      2023 (Reference No.
                                       s. qld.gov.au/suite/ (for   Works in a Coastal       2212-32645 SRA). A
                                       assistance, contact         Management District      copy of the response is
                                       DILGP at 5352 9701 or       [Insert trigger title]   attached
                                       email:[email protected]

               6.     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
               1.     Council has undertaken an audit check of the Operational Works drawings in relations to the
                      proposed works. A detailed check of the calculations and drawings has not been undertaken,
                      as they have been certified by a RPEQ. The RPEQ bears full responsibility for all aspects
                      of the engineering design. Council reserves the right to require further amendments and/or
                      additions at a later date should design errors become apparent.
               2.     The approval or conditions do not absolve the owner of the land from complying with all the
                      conditions of this approval and/or relevant Council By-Laws and Policies and/or relevant
                      statues and/or statutory regulations in the execution and/or performance of said works.
               3.     Council reserves the right to call up any performance bond held or levy charges against the
                      property, should emergency works be required to be undertaken by Council to make the site
                      safe due to inactivity on the development site for extended periods of time.


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               4.     Should any changes or modifications to the approved plans be required as a result of
                      construction constraints, a “Request to change an existing approval” under the Planning Act
                      2016 must be made. Amended plans clearly indicating the changes must be lodged with this
                      application along with the appropriate fees.
                      Building and Construction Industry (Portable Long Service Leave) Levy
               5.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Aboriginal Cultural Heritage Act 2003
               6.     There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
                      approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).
                      The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
                      carries out an activity must take all reasonable and practicable measures to ensure the
                      activity does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the
                      duty of care. Substantial monetary penalties may apply to individuals or corporations
                      breaching this duty of care. Injunctions may also be issued by the Land and Resources
                      Tribunal, and the Minister administering the ACH Act can also issue stop orders for an activity
                      that is harming or is likely to harm Aboriginal cultural heritage or the cultural heritage value
                      of Aboriginal cultural heritage.
                      You should contact the Cultural Heritage Unit to discuss any obligations under the ACH Act.
               7.     PROPERTY NOTES

               Not applicable.
               8.     VARIATION APPROVAL DETAILS

               Not applicable.
               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

               Not applicable.
               10.    SUBMISSIONS

               Not applicable.
               11.    RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               12.    OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available on line at
               www.noosa.qld.gov.au or at Council Offices.




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Document Set ID: 22369420
Version: 4, Version Date: 13/04/2023

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