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Delegated Report - Code - Planning MCU23 0163 [As Published] · MCU23/0163
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Graduate Development Engineer, Daniel Epps
Development Assessment
APPLICATION DETAILS
Application No. MCU23/0163 OPW23/0199
Applicant DD Sunnyside Pty Ltd
Proposal Material Change of Use - Landing – Residential
Operational Works – Landing & Jetty
Properly Made Date 20 December 2023
Information Request Date 22 January 2024
Information Response Date 19 February 2024
Decision Due Date 28 March 2024
Report Reviewed & Morgan Gaffney – 5 March 2024
Finalised By
PROPERTY DETAILS
Property Address 30 Mossman Ct Noosa Heads Qld 4567
RP Description Lot 149 N 21859
Land Area 610.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not Applicable
Local Plan Area Noosa Heads Local Plan
Overlays Acid Sulfate Soils, Flood Hazard
Assessment Type Code
1. PROPOSAL
The application seeks approval for a Material Change of Use - Landing – Residential and
Operational Works – Landing & Jetty.
Document Set ID: 22822207
Version: 4, Version Date: 06/03/2024
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The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan
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2. SITE DETAILS
2.1. Background
There is no higher order approval requiring the works.
2.2. Site Description
The site is located at the head of the Mossman Court cul-de-sac.
3. ASSESSMENT
The proposed development includes the construction of a residential pontoon & gangway along
Mossman Court, Noosa Heads. The pontoon & gangway meets the relevant provisions of The
Noosa Plan 2020. Engineering recommends the following conditions.
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; and
• Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Noosa Heads Local Plan Code; and
• Waterway Works Code.
The application has been found to generally comply with all applicable statutory instruments.
4. CONSULTATION
4.1. Referral Agencies
Not Applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Planner
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 MCU23/0163 for a Material Change of Use - Landing - Residential
and OPW23/0199 for an Operational Works – Landing & Jetty situated at 30 Mossman Ct Noosa
Heads Qld 4567 and described as Lot 149 N 21859, it is recommended the application be approved
in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU23/0163
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Street address: 30 Mossman Ct Noosa Heads Qld 4567
Real property description: Lot 149 N 21859
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Approval for Material Change of Use - Landing – Residential
• Development Permit for Approval for Operational Works – Landing & 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
TJS-SJ-04870-02 B Layout Plan 2 February
2024
Prepared by The Jetty Specialist
TJS-SJ-04870-03 B Elevation 2 February
2024
Prepared by The Jetty Specialist
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 23 February
2026, 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 $2,000 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 pontoon 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 pontoon must be located a minimum of 3.0 metres from the
prolongation of the property boundaries.
7. Vessels and boatlifting devices must be connected directly to the pontoon, and not located
side by side or in tandem with another vessel.
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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. A rigid handrail must be fitted on one side of the gangway. The handrail must be of an open
design and in accordance with the approved plans.
11. No posts or vertical supports of the proposed pontoon are to extend vertically from the
structure unless they provide necessary support for the handrail.
12. No boatlifting devices are to be attached or moored at the pontoon structure for the purpose
of elevating a vessel above the water without Council approval.
13. 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.
14. 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.
15. The pontoon is to be used for private purposes only with no commercial operations to be
undertaken.
16. Boat repair activities are not permitted on site.
17. Wastewater and sullage must only be disposed of at approved pumpout facilities.
18. The mooring facility must not be utilised for live-aboard purposes.
19. 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.
20. Certification by a Registered Professional Engineer of Queensland that states that the
pontoon 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.
21. This approval lapses where the construction of the pontoon 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.
22. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans.
5. REFERRAL AGENCIES
Not applicable.
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.
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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.
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.
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: 22822207
Version: 4, Version Date: 06/03/2024
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