Delegated Report - Code - Planning OPW21 0044 · OPW21/0044

Author	Development Engineer, Diogo Carrico
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0044
Applicant	John William Lee Julie Ann Lee
Proposal	Operational Works – Boatlifting Device
Properly Made Date	25 February 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	27 April 2021
Report Completed Date	17 March 2021
Report Reviewed By	Mark Lewis

PROPERTY DETAILS
Property Address	77 Shorehaven Dr Noosaville Qld 4566
RP Description	Lot 463 RP 868304
Land Area	743 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Low Density Residential
Precinct	Not Applicable
Local Plan Area	Not Applicable
Overlays	Acid Sulphates (below 5m AHD); Flood;
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works – Boatlifting Device.
The proposal plan is included below.

site details
Background
Applicant seeks to replace existing boatlift with a floating boat dock, consisting of 500mm cubes interlocked together to form a 2x4m platform. After contacting Council to understand the required permits, the applicant was advised that there was no approval for the existing boat lifting device – the 11/12/2001 approval was solely for the jetty.
Site Description

Surrounding Land Uses

assessment
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Waterways Works Codes
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
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 OPW21/0044 for Operational Works – Boatlifting Device situated at 77 Shorehaven Dr Noosaville Qld 4566 and described as Lot 463 RP 868304, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW21/0044
Street address:	77 Shorehaven Dr Noosaville Qld 4566
Real property description:	Lot 463 RP 868304
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Boatlifting Device
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Approved Plans
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
		Site Plan Submitted on 10/02/2021	
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 20 March 2021, unless an application to extend the currency period is approved by Council.
General Conditions
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
All structures must have no detrimental effects on stormwater drains and/or easements.
The boatlift is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities are not permitted on site.
Wastewater and sullage must only be disposed of at approved pump-out 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 boatlift has been installed in accordance with the manufacturer’s recommendations, industry 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.
This approval lapses where the installation of the boatlift 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.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
referral agencies
Not applicable.
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
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.  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 Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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