Council archive · source document
Decision Letter - Change to an Existing Approval [As Published] · 142009.134.02
Officer: Denis Wallace
Direct Telephone: (07) 5449 5179
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560
Email: [email protected]
Our Reference: 2009/134
Your Reference:
3 March 2010
John Andrew McDermott
PO Box 600
COOROY QLD 4563
Dear Sir
Change to an Existing Approval
Integrated Planning Act 1997
I refer to your request to make a change to an existing approval. On 2 March 2010 Council decided
to approve your requested changes.
Details of the decision with the consolidated conditions are as follows:
1 APPLICATION DETAILS
Application No: 2009/134
Street address: 3 Dolphin Crescent, Noosaville
Real property description: Lot 69 N 10572
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
Council on 3 June 2009 decided to issue the following type of approval:-
Development Permit for Operational Works
In relation to the request to make a change to the existing approval, Council on 2 March 2010
decided to:
A. Approve a change to the development approval with changes to Condition 9.
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development: -
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2009/134
Plan / Document No. Rev. Plan / Document Name Date
477-01 A Site Layout – AAA Design & 7 May 2009
Development Pty Ltd
477-02 Pontoon Details – AAA Design & 3 February 2009
Development Pty Ltd
2. The applicant shall obtain approval of the revised site plan, drawing 477-01A dated 7 May
2009, from Marine Safety Queensland prior to the commencement of the construction of the
works.
3. All structures associated with the jetty and pontoon must be constructed wholly within the
approved Resource Entitlement Area.
4. The structures shall 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.
5. A rigid handrail shall be fitted to at least one side of the fixed section of the jetty.
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. The jetty shall be constructed in a manner to render the underside area vermin proof.
9. Any electrical reticulation system in excess of 24 volts extending beyond the property
boundary shall be installed in association with an electrical safety cut-off switch and the
applicant shall submit certification from the electrical contractor that the installation meets
Australian standards.
10. 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.
11. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
12. Boat repair activities are not 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 arrangements to ensure adequacy of design and work. Any approval
granted 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 statutes and/or statutory
regulations in the execution and/or performance of said works. 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 shall be submitted to
Council prior to the return of any bond monies held by Council. The certification shall state that
the jetty, gangway and pontoon have been constructed in accordance with best practice
methods, are in accordance with Coastal Protection and Management Act 1995, are
structurally sound and will have no detrimental affect on the existing revetment walls.
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2009/134
18. 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.
19. The jetty shall be licensed with the Council upon completion of the structural work and shall be
licensed annually thereafter.
20. The Development Permit for Operational Works lapses if the works have not been completed
by 2 June 2011, unless an application to extend the relevant period is approved by Council.
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Operational work in a Concurrence Queensland Regional Harbour Master
canal that is Prescribed Transport (Maritime Mac Arthur Ave East
Tidal Work Safety Queensland) PINKENBA QLD 4008
A copy of any referral agency conditions is attached.
6 APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
Plan / Document No. Rev. Plan / Document Name Date
477-01 A Site Layout – AAA Design & 7 May 2009
Development Pty Ltd
477-02 Pontoon Details – AAA Design & 3 February 2009
Development Pty Ltd
7 ADVISORY NOTES
The following Advisory Notes 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.
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2009/134
3. 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.
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.
8 PROPERTY NOTES
Not applicable.
9 PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable.
10 FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Nil
11 SELF ASSESSABLE CODES
Not applicable.
12 SUBMISSIONS
Not applicable.
13 REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME
Not applicable.
14 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.
15 OTHER DETAILS
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.
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Decision Notice History
3 June 2009 Original Decision Notice.
2 March 2010 Approved Change to
Condition with amendments
to Condition 9
Yours faithfully,
Denis Wallace
Senior Development Planner
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Referral Agency Conditions
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
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2009/134 Page 7 of 9 [OCR of page images] 2009/134 10. ll. The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel clearance at all stages of tide. The ship must comply with any local restrictions placed on channel depths and draft restrictions. Any ships and equipment you or your agent use must comply with the Transport Operations (Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the Transport Operations (Marine Pollution) Act 1995. Any ships using this structure must comply with the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Safety) Regulation 2004. Any ship moored at this pontoor/jetty must not impede the safe navigation of other ships or restrict safe access to or from neighbouring structures. Any ship, dry berth or device (including Air Lifting Pontoons) berthed, moored or attached to the pontoon/structure must not exceed the following sizes: Wet Berth Dry Berth/Air Lifting Pontoon Length Overall - 5.0 metres N/A Beam- 2.4 metres N/A The contractor must construct the pontoon within two years from the date of approval. If construction is not completed, you will need additional or amended comments from the Regional Harbour Master. Maritime Safety Queensland does not need to be further consulted if all of the above conditions are met. The above conditions must be included in your application to the assessment manager. This agency will also forward a copy of this letter to the Assessment Manager. Yours sincerely Captain Richard C Johnson Regional Harbour Master (Brisbane) Maritime Safety Queensland Page 2 of 2 Page 7 of 9
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Appeal Rights
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
The following is an extract from the Integrated (6) If an application involves assessment against a
Planning Act (Chapter 4). concurrence agency code, appeal rights for submitters
for the application are not available against the part of
Division 8 - Appeals to court relating to the approval that represents the concurrence agency’s
development applications response for the code.
Appeals by applicants Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application 4.1.29.(1) An advice agency may, within the limits of its
may appeal to the court against any of the following- jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development development approval for a development application if-
application; (a) the development application involves impact
(b) a matter stated in a development approval, including assessment; and
any condition applying to the development, and the (b) the advice agency told the applicant and the
identification of a code under section 3.1.6;1 assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a application as a submission for an appeal.
development permit was applied for; (2) The appeal must be started within 20 business
(d) the length of a relevant period; days after the day the decision notice or negotiated
decision notice is given to the advice agency as a
(e) a deemed refusal. submitter.
(2) An appeal under subsection (1)(a) to (d) must be Appeals for matters arising after approval given
started within 20 business days (the “applicant’s appeal
(co-respondents)
period”) after the day the decision notice or negotiated
decision notice is given to the applicant. 4.1.30.(1) For a development approval given for a
development application, a person to whom any of the
(3) An appeal under subsection (1)(e) may be started
following notices have been given may appeal to the
at any time after the last day a decision on the matter
court against the decision in the notice-
should have been made.
(a) a notice giving a decision on a request for extension
Appeals by submitters
of the relevanrt period for an approval;
4.1.28.(1) A submitter for a development application may
(b) a notice giving a decision on a request to make a
appeal to the court about-
minor change to an approval.
(a) the giving of a development approval, including any
(2) The appeal must be started within 20 business
conditions (or lack of conditions) or other provisions
days after the day the notice of the decision is given to
of the approval; or
the person.
(b) the length of a relevant period for the approval.
(3) Subsection (1)(a) does not apply if the approval
(2) The appeal must be started within 20 business resulted from a development application (superseded
days (the “submitters appeal period”) after the day the planning scheme) that was assessed as if it were an
decision notice or negotiated decision notice is given to application under a superseded planning scheme.
the submitter.
(4) Also, a person who has made a request
(3) If a person withdraws a submission before the mentioned in subsection (1) may appeal to the court
application is decided, the person may not appeal the against a deemed refusal of the request.
decision.
(5) An appeal under subsection (4) may be started at
(4) If an application involves both impact assessment any time after the last day the decision on the matter
and code assessment, appeal rights for submitters are should have been made.
available only for the part of the application involving
impact assessment. Division 9 - Appeals to court about other matters
(5) If an application is processed under section Appeals for matters arising after approval given
6.1.28(2), appeal rights for submitters for the application (no co-respondents)
are available only for the aspects of the development that 4.1.31.(1) A person to whom any of the following notices
would have required public notification under the have been given may appeal to the court against the
repealed Act. decision in the notice-
(a) a notice giving a decision on a request to change or
cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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2009/134
(b) a notice under section 6.1.442 giving a decision to (c) the decision to give a preliminary approval when a
change or cancel a condition of a development development permit was applied for;
approval. (d) the length of a period mentioned in section 3.5.21
(2) The appeal must be started within 20 business relevant period;
days after the day the notice of the decision is (e) a deemed refusal.
given to the person.
(2) An appeal under subsection (1)(a) to (d) must be
(3) Also, a person who has made a request started within 20 business days (the “applicant’s appeal
mentioned in subsection (1)(a) may appeal to the period”) after the day the decision notice or negotiated
court against a deemed refusal of the request. decision notice is given to the applicant.
(4) An appeal under subsection (3) may be started at (3) An appeal under subsection (1)(e) may be started
any time after the last day the decision on the at any time after the last day a decision on the matter
matter should have been made. should have been made.
Appeals against decisions to change approval conditions The Registrar for the Building and Development
under the repealed Act Tribunal may be contacted at the website
4.1.33A.(1) A person who is dissatisfied with a decision http://www.localgovernment.qld.gov.au/
made on an application to change the conditions
attached to an approval given under section 2.19(3)or For Infrastructure Charges Only
section 4.4 of the repealed Act may appeal to the court 4.1.36 Appeals about particular infrastructure
against- charges
(a) the decision; or (1) This section applies to a person who has been
(b) a deemed refusal of the application. given, and is dissatisfied with, an infrastructure charges
notice or a regulated State infrastructure charges notice.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of (2) The person may appeal to the court against the
the decision is to be given to the person. notice.
(3) An appeal under subsection (1)(b) may be started (3) The appeal must be started within 20 business days
at any time after the last day a decision on the matter after-
should have been made. (a) if the notice is given because of a development
Appeals against local laws approval or master plan approval-the day the
applicant is given notice of the decision about the
4.1.33B.(1) An applicant who is dissatisfied with a
approval; or
decision of a local government or the conditions applied
under a local law about the use of premises or the (b) otherwise-the day the notice is given to the person.
erection of a building or other structure permitted by the (4) An appeal under this section may only be about-
planning scheme may appeal to the court against the
(a) whether a charge in the notice is so unreasonable
decision or the conditions applied. that no reasonable relevant local government, State
(2) The appeal must be started within 20 business infrastructure provider or coordinating agency could
days after the day notice of the decision is given to the 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
Rights of appeal conferred by Section 4.2.9 of the under this section can not be about the methodology
Integrated Planning Act 1997 as follows: used to establish the charge in the relevant infrastructure
Division 3 – Appeals to tribunals relating to charges schedule or regulated State infrastructure
development applications charges schedule.
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) the refusal, or the refusal in part, of a development
application;
(b) a matter stated in a development approval, including
any condition applying to the development, and the
identification of a code under section 3.1.6;3
2
Section 6.1.44 (Conditions may be changed or
cancelled by assessment manager or concurrence
agency in certain circumstances)
3
Section 3.1.6 (Preliminary approval may override local
planning instrument)
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