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Delegated Report - Code - Planning MCU25 0038 & OPW25 0056 (As Published) · MCU25/0038
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Coordinator Engineering, Mark Lewis
Development Assessment
APPLICATION DETAILS
Application No. MCU25/0038 & OPW25/0056
Applicant Robert David Martyr
Catherine Ellen Martyr
Proposal Material Change of Use - Landing – Residential and
Operational Works – Prescribed Tidal Works - Jetty
Properly Made Date 31 March 2025
Information Request Date 1 May 2025
Information Response Date 6 May 2025
Decision Due Date 10 June 2025
Report Reviewed & Felix Gough 19 May 2025
Finalised By
PROPERTY DETAILS
Property Address 24 Wesley Ct Noosa Heads Qld 4567
RP Description Lot 45 N 21844
Land Area 649.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not applicable
Local Plan Area Noosa Heads
Overlays Acid Sulfate Soils, Flood
Assessment Type Code
Document Set ID: 23725501
Version: 4, Version Date: 19/05/2025
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1. PROPOSAL
The application seeks approval for a Material Change of Use - Landing – Residential and
Operational Works – Prescribed Tidal Works - Jetty.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Layout Plan
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Figure 4 – Elevation
2. APPLICATION BACKGROUND
There is no higher order approval requiring the works.
3. ASSESSMENT
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 (25 September 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
• Waterways Works Code
The application has been found to generally comply with all applicable statutory instruments.
4. CONSULTATION
4.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
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• State Assessment and Referral Agency (SARA). The agency responded on 30 April 2025
advising that they supported the application subject to conditions.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Development Planner, Development Assessment
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 MCU25/0038 for a Material Change of Use - Landing - Residential
and OPW25/0056 for Operational Works – Prescribed Tidal Works – Jetty situated at 24 Wesley
Ct Noosa Heads Qld 4567 and described as Lot 45 N 21844, it is recommended the application
be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU25/0038 & OPW25/0056
Street address: 24 Wesley Ct Noosa Heads Qld 4567
Real property description: Lot 45 N 21844
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Landing – Residential and
• Development Permit for Operational Works – Prescribed Tidal Works - 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
MS-05063-01 C Site Plan and Water Allocation prepared by 4 March 2025
Projex Partners
MS-05063-02 B Layout Plan prepared by Projex Partners 4 March 2025
MS-05063-03 C Elevation prepared by Projex Partners 6 May 2025
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MS-05063-04 B Bearer and Joist Detail Plan prepared by 5 March 2025
Projex Partners
MS-05063-05 B Jetty Details Sub-frame Using Trackdeck 4 March 2025
System prepared by Projex Partners
MS-05063-06 A Pile Setout prepared by Projex Partners 5 March 2025
Currency Period
2. The Currency Period for this development approval lapses if all conditions have not been
complied with by 19 May 2027, 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 $2000 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 or attached on the structure
must not exceed 2.
5. Vessels must be connected directly to the jetty and not located side by side or in tandem with
another vessel.
6. The use of the jetty must not cause any adverse effects on the amenity of the surrounding
areas including changes to light, views, air quality and noise.
7. Vessels berthed/moored at the jetty must be located a minimum of 1.0 metre from the
prolongation of the property boundaries.
8. No boatlifting devices are to be attached or moored at the jetty structure without Council
approval.
9. 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
10. All structures must have no detrimental effects on stormwater drains and/or easements.
11. Jetties must have a level-walking surface of R.L 1.25 A.H.D or be level with the top of the
revetment wall.
12. A rigid handrail must be fitted on one side of the walkway. The handrail must be of an open
design and in accordance with the approved plans.
13. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide necessary support for the handrail.
14. 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.
15. 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.
16. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
17. Boat repair activities are not permitted on site.
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18. Wastewater and sullage must only be disposed of at approved pumpout facilities.
19. The mooring facility must not be utilised for live-aboard purposes.
20. 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.
21. 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 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.
22. This approval lapses where the construction of the jetty 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.
23. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Address Referral Trigger Response
Concurrence SARA at DILGP SARA at Planning Regulation The agency provided
DILGP Via MyDAS2 at 2017 its response on 30
https://prod2.dev- Schedule 10, Part April 2025
assess.qld.gov.au/suite/ (for 17, Division 1 - Tidal (Reference No. 2504-
assistance, contact DILGP at Works or work in a 45768 SRA).
5352 9701 or Coastal A copy of the
email:SEQNorthSARA@dilgp Management District response is attached
.qld.gov.au [Insert trigger title]
7. 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.
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.
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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.
Performance Bond Agreement
6. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
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