OPW12.0139.01 Application to change existing approval - forms & plans · OPW12/0139

Page 2

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Page 3

3. Nature of request (please tick ALL applicable categories)

O To change the development xO To change the development QO To extend the relevant period
approval conditions before lapsing

Please of outlining the detail of and the reasons and justification for the requested change or
extension.

4. Location of the premises
Unit No. StreetNo 4&6 Street GYMPIE IL RRACE

Suburb Noosk VIVE State QLD Postcode
Plan type & plan no.

Lot 42 cP 407407

   

SEG

       

  
 

5. Concurrence Agencies

Was there one or more concurrence agencies involved in the original approval? O No
Pa¥es-provide details below

Note — Under s372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all
concurrence agencies.

Concurrence ret Date copy given
DEPK 1tA~SPo4 Min 2oAAS oS [o3| i@
pe Pt oF Af Mae 4 HER {AGE (LECTic wy os |o3 id

i)

6. Pre-request response notice
Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?

ee — Bvt WAS Bee) CFaVESTED Dyes
f

yes, please attach a copy of the notice.

ee meet
Is the owner's consent required for this request? ee
Y

es— complete either Table A or Table B below
Note — If more than one owner of the land all owners’ details are required

Table A — owner’s consent provided on form Table B — owner’s consent provided on form

Owner's name/s Owner's name/s

|

IWe, the above-mentioned owner/s of the land, consent O The owner's written consent is attached.
to the making of this request.

Signature/s

Date

Page 2 of 4

Page 4

NOTES: For question 7

Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent.

However, owner's consent is not required if the approval:

-  felates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or

~ is for building work or operational work for the supply of community infrastructure on land designated for the community
infrastructure; or

~ the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
application were made for the requested change.

Also, owner's consent is not required if the Assessment Manager is satisfied that:

- the number of owners of the land make it impractical to obtain owners’ consent, and the requested change does not materially
affect the owners’ land; or

- having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
does not materially affect the owner's land.

8. Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,
Schedule 14?

O No Na Yes — complete below details

Nature of State owned resource: DUR LEASE 4¢e Cut \42 cP ac) 407

Nature of Evidence required:

poidewe of allocation of / entitlement to, the resource + Evidence the chief executive has agreed to the request
ttach a copy of the evidence required above — cevrest D A ‘

NOTES: For question 8

Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
required under section 264(1).

Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
2009 prescribes the State resources for which evidence is required to be given, and the evidence required, to support the application.

9. Declaration of applicant

\We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with Council. Should any of the details given in relation to this application be changed in the future, the
applicant shall advise Council in writing prior to any such change being implemented.
Signature/s nes Date 2-) |o4 | 14

‘ase wal

Page 3 of 4

Page 5

Application no. Amount paid Date paid Receipt no. Initial Date stamp

Receiving Officer

Payment options
Inperson 9 Pelican Street, Tewantin: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
By mail Cheque or money order to be made payable to Noosa Council

O) Cheque O Money order O Mastercard O Visa

Page 4 of 4

Page 6

ATT: Mark Lewis                                                                      27/08/14

Noosa Council
PO Box 141
Level 2, 9 Pelican Street
Tewantin. QLD. 4565
[email protected]

CC:

ATT: Blake Petchell

Department of State Development, Infrastructure and Planning
Queensland Government
PO Box 1129, Maroochydore Qld 4558
Level 8 Mike Ahern Building
Maroochydore. QLD.4558
[email protected]


RE: DA - Application No: OPW 12/0139 – Request to Change / Amend Existing Approval


Dear Mark,

I refer to the application number above and the documents enclosed herein to provide the
appropriate documentation you require to provide me with an approval for the amended
changes as requested.


Please find attached the following documents to support the application as requested and
discussed on the telephone with you:
       A completed “Request to Change Existing Approval” form.
       A plan of the Lease Area, noting requested amendments.
       A photo of the proposed Commercial Utilities Pedestal
       A plan of the Lease Area highlighting utility pedestal locations.
       A copy of the current DA
The lodgment of these documents relates to 2 specific conditions that are attached to the
Current DA approval, namely:

Condition 4) – “no posts / vertical supports of the proposed jetty are to extend vertically from the
structure unless they provide support for the handrail”….

(and)

Condition 7) – “there must be no electrical reticulation system carrying electricity in excess of 24
volts beyond the northern boundary of Lease P”




I hereby request your review of these conditions as follows:

Page 7

Condition 4

As per the attached plan, I hereby request to add in a powder coated aluminum frame
“Jetty Tee Head – (JTH)”.

As the diagram highlights, the JTH serves multiples purposes as follows:

       namely it provides a vertical support for the location of CCTV security cameras
       lighting - for safety at the elevation change point of the gangway ramp and hardstand
        timber jetty
       a ‘weigh station’ – and photo background opportunity for “the lucky fisherman” to both
        weigh and photograph their catch upon returning from their fishing tour.

As this marina facility is primarily focused on commercial tour companies etc – it is extremely
important we address the safety of the facility ie: lighting at floor level change points etc.

In parallel it is pre-requisite in this era to offer CCTV camera security for vessels – and after
having contractors on site to assess - this location is the only area in the Lease Area that will
capture the entire mooring facility from camera vision. Extremely important.

To finish the JTH to fit with the rest of the facility, it is anticipated that we will include a weigh
station with “The Jetty” branding to provide a great place for tourists to get that photo of a their
catch of a lifetime….



Condition 7

This condition significantly prohibits the functionality of a commercial marina, as this facility is
recognised as in both the DNR Lease and by Noosa Council.

After discussion with you it is deemed ‘generally in accordance with the approval” – I request
confirmation that:

“It is permissible to install a 240 volt electrical reticulation system beyond the northern boundary
of lease P – to service Leases A – L.

In addressing this risk, these services will be attached to the floating pontoon sections
highlighted on the attached plan, mitigating associated risk of any water inundation.

Where these services are attached to the fixed walkway area, the utility outlets will be located a
minimum of 500mm above the highest recorded flood level, mitigating any risk of flood
inundation.
The areas of Lease A – L will be run on a dedicated circuit from Lease P - with an ELCB (Earth
Leakage Circuit Breaker) further addressing any associated risks.”

Naturally all installations will be carried out by a licensed and certified electrical installer.

Page 8

I trust this information meets your requirements and I look forward to receipt of your approval of
these minor amendments to the DA in due course, recognising that works on the facility will be
commencing on / near to the 1st October 2014.

Thank you once again for your assistance with this matter and I look forward to your earliest
reply.



Regards,




Wade Batty
Noosa Group Pty Ltd

Ph: 0412342895
E: [email protected]

Page 9

 

 

 

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Page 11

 

Sunshine Coast

Council silk eamiebied
Officer: Mark Lewis <=>
Direct Telephone: (07) 5475 9970
Fax: (07) 54759 823
Our Reference: ML011:AYB:0PW12/0139
Your Reference: N/A
24 October 2012

Noosa Group Pty Ltd
PO Box 1804
NOOSAVILLE DC QLD 4566

Dear Sir/Madam

Decision Notice
Sustainable Planning Act 2009

| refer to your application and advise that on 22 October 2012, Council decided to approve the
application in full subject to conditions.

Details of the decision are as follows:

 

 

 

[4. APPLICATION DETAILS |
Application No: OPW12/0139
Street Address: Jetty - 186 Gympie Terrace, Noosaville
Real Property Description: Lot 162 CP 907407
Planning Scheme: The Noosa Plan (8 August 2011)
12: DECISION DETAILS }

 

The following type of approval has been issued:

Development Permit for Operational Works (Prescribed Tidal Works - Jetties, Piles and
Pontoons)

 

L3. RELEVANT PERIOD OF APPROVAL }

The relevant period for this development approval is 2 years starting the day that this
development approval takes effect. (Refer to Section 341 “When approval lapses if
development not started” of the Sustainable Planning Act 2009.)

 

 

[ 4. ASSESSMENT MANAGER CONDITIONS a
1 All structures associated with the jetty and pontoon must be constructed wholly within
the lease area.
2 All vessels berthed at the jetty and/or pontoon must be contained wholly within the
lease area.
Caloundra office 1 ( ’ ira Maroochydore office 11
Nambour office € E y St ts N Tewantin office

PD-DA-FM1420s/3-11/11/2011 Page 1 of 6

Page 12

10.

11.

12.

13.

14.

15.

16.

OPW12/0139
A rigid handrail must be fitted on one side of the walkway.

No posts or vertical supports of the proposed jetty are to extend vertically from the
structure unless they provide support for the handrail.

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.

The jetty 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 northern boundary of Lease P.

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.

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.

Parks or other public land must not be used for delivery or removing construction
equipment and materials to / from the construction site in the waterway (other than via
a public boat ramp);

Certification by a Registered Professional Engineer of Queensland must be submitted
to Council at completion of the works and prior to the use of the new pontoons. The
certification must state that the pontoons has been constructed in accordance with best
practice methods, is in accordance with Coastal Protection and Management Act 1995
and are structurally sound.

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 prior to any works commencing on the site

 

L5.

REFERRAL AGENCIES |

The referral agencies applicable to this application are:

PD-DA-FM1420s/3-18/11/2011 Page 2 of 6

Page 13

OPW 12/0139

 

Referral

Referral Agency and
Status Address

Referral Trigger

Response

 

Concurrence | Department of
Transport and Main

Roads

Regional Harbour
Master

MacArthur Avenue
East

PINKENBA QLD 4008

Operational Works -
Tidal Works

The agency provided its
response on 10 September
2012 (Reference No.
215/01663 P15833-MOM
P15976-MOM). A copy of
the response is attached.

 

Concurrence | Department of
Environment and

Heritage Protection

GPO Box 2454
BRISBANE QLD 4001

 

 

Operational Works
other than prescribed
Tidal Works ina
Canal

 

 

The agency provided its
response on 21 September
2012 (Reference No.
323760\MCY1970). A copy
of the response is attached.

 

 

[ 6. APPROVED PLANS
The following plans are Approved plans

Approved Plans

for the development:

 

 

 

 

 

 

 

 

 

 

Plan No. Rev. | Plan Name Date

UPL 162.01.09 Proposed Layout Commercial Marina 25/06/2010

S2000/WS5 (5F) — ga 11.5m x 1.7m Walkway 5 Float — 3kPa | 26.07.07
General Arrangement, prepared by
Walcon

$2000/PS8 (3F) — ga 8m Parallel Finger 3 Float — 3kPa | 23.08.04
General Arrangement, prepared by
Walcon

[7.___ REFERENCED DOCUMENTS |

 

Not Applicable

 

[8. ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form
part of the assessment manager conditions:

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

 

L9. PROPERTY NOTES

Not Applicable

PD-DA-FM1420s/3-18/11/2011

Page 3 of 6

 

 

Page 14

OPW 12/0139

 

10. _ PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME |

Not Applicable

 

[11. __ FURTHER DEVELOPMENT PERMITS REQUIRED |

Not Applicable

 

[12. _ 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

 

[13.__ SUBMISSIONS |

Not Applicable

 

14. _ REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME __|

Not Applicable

 

[15. _ 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.)

 

[16. | OTHER DETAILS |

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

  

BRADACAREY
CO-ORDINATOR - ENGINEERING ASSESSMENT
ENGINEERING & ENIVRONMENT ASSESSMENT BRANCH

Enc: Referral Agency Response
Approved Plans/Documents
Appeal Rights

PD-DA-FM1420s/3-18/11/2011 Page 4 of 6

Page 15

 

Sunshine Coast

Regional Council

OPW 12/0139

 

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)

(2)

(3)

462
(1)

(2)

(3)

(4)

463
(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;

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) adeemed refusal of the development application.

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.

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.

(c)

Appeals by submitters—general
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
the part of the approval relating to the
assessment manager's decision under section
327.
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.

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).

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.

(b)

Additional and extended appeal rights for submitters
for particular development applications

This section applies to a development application to
which chapter 9, part 7 applies.

PD-DA-FM1420s/3-18/11/2011

(2)

(3)

(4)

464
(1)

(2)

(3)

(4)

465
(1)

(2)

(3)

(4)

466

(1)

Appeal Rights

SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
REGULATION 2009

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.

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

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.

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
subsection (2).

(b)

response mentioned in

Appeals by advice agency submitters

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.

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.

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.

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.

Appeals about decisions relating to extensions for
approvals

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.

The appeal must be started within 20 business days
after the day the notice of the decision is given to the
person.

Also, a person who has made a request under section
383 may appeal to the court against a deemed refusal of
the request.

An appeal under subsection (3) may be started at any
time after the last day the decision on the matter should
have been made.

Appeals about decisions relating to permissible
changes

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—

Page 5 of 6

Page 16

(2)

(3)

(4)

467

(1)

(2)

(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.

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.

Also, a person who has made a request under section

369 may appeal to the court against a deemed refusal of

the request.

An appeal under subsection (3) may be started at any

time after the last day the decision on the matter should

have been made.

Appeals about changing or cancelling conditions
imposed by assessment manager or concurrence
agency

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.

The appeal must be started within 20 business days after
the day the notice of the decision is given to the person.

PD-DA-FM1420s/3-18/11/2011

OPW 12/0139

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