Decision Notice - 010.2009.00000731.001 [As Published] · 142009.731

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                                                                                          2009/731



3.    Structures should be designed and constructed such that they are free standing within the
      waterway and are not connected to or behind the revetment wall.
4.    Jetties should have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
      revetment wall.
5.    A rigid handrail shall be fitted on one side of the walkway.
6.    No posts or vertical supports of the proposed jetty are to extend vertically from the structure
      unless they provide support for the handrail.
7.    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.
8.    There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
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.   Rock scour protection, wrapped in geotextile, extends 3000 mm from the face of the revetment
      wall in this locality. Prior to driving piles, the rocks are to be removed to expose the geotextile
      and the geotextile cut neatly to allow it to be turned back. During pile driving, care is to be
      taken to ensure the geotextile is not damaged. At the completion of pile driving, the fabric is to
      be turned down around the pile and the rocks replaced around the piles.
12.   Boat repair activities will not be permitted on site.
13.   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
14.   The mooring facility shall not be utilised for live-aboard purposes.
15.   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.
16.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangement to ensure adequacy of design and work. Also any approval
      granted does not warrant that such plans and specifications have been checked in detail, nor
      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 statues 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.
17.   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 shall be
      submitted to Council prior to the return of any bond monies held by Council. 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 Operational Works Assessment
      Section to arrange the inspection.
18.   The Development Permit for Operational Works lapses if the works have not been
      commenced by 10 July 2011, unless an application to extend the relevant period is approved
      by Council.
19.   The jetty shall be licensed with the Council upon completion of the structural work and shall be
      licensed annually thereafter.



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THE FOLLOWING ADVICES ARE FOR INFORMATION PURPOSES ONLY AND DO NOT FORM
CONDITIONS OF APPROVAL
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.
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.

5        REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

 Referral Trigger              Referral Status    Referral Agency        Referral Address

 Nil

6        APPROVED PLANS/DOCUMENTS
The approved plans for this development approval are listed in the following table:
 Plan / Document No.         Rev.    Plan / Document Name                      Date
 09/80-1                             Working DRG - John Norden and June 2009
                                     Associates

7        ADVISORY NOTES

The following Advisory Notes are for information purposes only and do not form conditions of
approval:
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.
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8      PROPERTY NOTES
The following property notes will be placed against the subject property in Council’s property record
system:
Nil

9      FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required         Subject of the required Development Permit
 Nil


10     RIGHTS OF APPEAL

You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees 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 continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).
Should you wish to obtain more information about Council’s decision electronic copies are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,




Denis Wallace
SENIOR PLANNING OFFICER




                                                                                    Page 4 of 6

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                                                        Appeal Rights
                                                    INTEGRATED PLANNING ACT 1997 & 1998 REGULATION




The following is an extract from the Integrated                    (5) If an application is processed under section
                                                               6.1.28(2), appeal rights for submitters for the
Planning Act (Chapter 4).
                                                               application are available only for the aspects of the
Division 8 - Appeals to court relating to                      development that would have required public
development applications                                       notification under the repealed Act.
Appeals by applicants
                                                                    (6) If an application involves assessment against a
4.1.27.(1) An applicant for a development application
                                                               concurrence agency code, appeal rights for submitters
may appeal to the court against any of the following-
                                                               for the application are not available against the part of
(a) the refusal, or the refusal in part, of a development      the approval that represents the concurrence agency’s
      application;                                             response for the code.
(b) a matter stated in a development approval,                 Appeals by advice agency submitters
      including any condition applying to the
                                                               4.1.29.(1) An advice agency may, within the limits of
      development, and the identification of a code
                                                               its jurisdiction, appeal to the court about the giving of a
      under section 3.1.6;1
                                                               development approval for a development application
(c) the decision to give a preliminary approval when a         if-
      development permit was applied for;
                                                               (a) the development application involves impact
(d) the length of a relevant period;                               assessment; and
(e) a deemed refusal.                                          (b) the advice agency told the applicant and the
    (2) An appeal under subsection (1)(a) to (d) must             assessment manager to treat its response to the
be started within 20 business days (the “applicant’s              application as a submission for an appeal.
appeal period”) after the day the decision notice or              (2) The appeal must be started within 20 business
negotiated decision notice is given to the applicant.          days after the day the decision notice or negotiated
    (3) An appeal under subsection (1)(e) may be               decision notice is given to the advice agency as a
started at any time after the last day a decision on the       submitter.
matter should have been made.                                  Appeals for matters arising after approval given
Appeals by submitters                                          (co-respondents)
4.1.28.(1) A submitter for a development application           4.1.30.(1) For a development approval given for a
may appeal to the court about-                                 development application, a person to whom any of the
                                                               following notices have been given may appeal to the
(a) the giving of a development approval, including
                                                               court against the decision in the notice-
      any conditions (or lack of conditions) or other
      provisions of the approval; or                           (a) a notice giving a decision on a request for
                                                                   extension of the relevant period for an approval;
(b) the length of a relevant period for the approval.
    (2) The appeal must be started within 20 business          (b) a notice giving a decision on a request to make a
days (the “submitters appeal period”) after the day                minor change to an approval.
the decision notice or negotiated decision notice is               (2) The appeal must be started within 20 business
given to the submitter.                                        days after the day the notice of the decision is given to
   (3) If a person withdraws a submission before the           the person.
application is decided, the person may not appeal the                (3) Subsection (1)(a) does not apply if the
decision.                                                      approval resulted from a development application
   (4) If an application involves both impact                  (superseded planning scheme) that was assessed as
assessment and code assessment, appeal rights for              if it were an application under a superseded planning
submitters are available only for the part of the              scheme.
application involving impact assessment.                          (4) Also, a person who has made a request
                                                               mentioned in subsection (1) may appeal to the court
                                                               against a deemed refusal of the request.
                                                                  (5) An appeal under subsection (4) may be started
                                                               at any time after the last day the decision on the
                                                               matter should have been made.
a.
1
     Section 3.1.6 (Preliminary approval may override
    local planning instrument)
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Division 9 - Appeals to court about other matters           (a) the refusal, or the refusal in part, of a development
Appeals for matters arising after approval given                  application;
(no co-respondents)                                         (b) a matter stated in a development approval,
4.1.31.(1) A person to whom any of the following                  including any condition applying to the
notices have been given may appeal to the court                   development, and the identification of a code
against the decision in the notice-                               under section 3.1.6;3
(a) a notice giving a decision on a request to change       (c) the decision to give a preliminary approval when a
     or cancel a condition of a development approval.             development permit was applied for;
                                  2
(b) a notice under section 6.1.44 giving a decision to      (d) the length of a period mentioned in section 3.5.21
     change or cancel a condition of a development                relevant period;
     approval.                                              (e) a deemed refusal.
     (2)   The appeal must be started within 20                (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision      be started within 20 business days (the “applicant’s
is given to the person.                                     appeal period”) after the day the decision notice or
   (3) Also, a person who has made a request                negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the                (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request.              started at any time after the last day a decision on the
    (4) An appeal under subsection (3) may be               matter should have been made.
started at any time after the last day the decision on      The Registrar for the Building and Development
the matter should have been made.                           Tribunal may be contacted at the website
Appeals against decisions to change approval                http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
                                                            For Infrastructure Charges Only
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the               4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under              charges
section 2.19(3)or section 4.4 of the repealed Act may       (1) This section applies to a person who has been
appeal to the court against-                                given, and is dissatisfied with, an infrastructure
(a) the decision; or                                        charges notice or a regulated State infrastructure
                                                            charges notice.
(b) a deemed refusal of the application.
                                                            (2) The person may appeal to the court against the
    (2) An appeal under subsection (1)(a) must be           notice.
started within 20 business days after the day notice of
the decision is to be given to the person.                  (3) The appeal must be started within 20 business
                                                            days after-
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the    (a) if the notice is given because of a development
matter should have been made.                                    approval or master plan approval-the day the
                                                                 applicant is given notice of the decision about the
Appeals against local laws                                       approval; or
4.1.33B.(1) An applicant who is dissatisfied with a         (b) otherwise-the day the notice is given to the
decision of a local government or the conditions                 person.
applied under a local law about the use of premises or
the erection of a building or other structure permitted     (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court              (a) whether a charge in the notice is so
against the decision or the conditions applied.                 unreasonable that no reasonable relevant local
    (2) The appeal must be started within 20 business           government, State infrastructure provider or
days after the day notice of the decision is given to the       coordinating agency could 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 under this section can not be about the
Rights of appeal conferred by Section 4.2.9 of the
                                                            methodology used to establish the charge in the
Integrated Planning Act 1997 as follows:
                                                            relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to               State infrastructure 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.
2                                                           a.
     Section 6.1.44 (Conditions may be changed or
                                                            3
    cancelled by assessment manager or concurrence               Section 3.1.6 (Preliminary approval may override
    agency in certain circumstances)                            local planning instrument)
                                                                                                Page 6 of 6