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Decision Notice - 010.2009.00001658.001 [As Published] · 142009.1658

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                                               Officer:          Jack Lewis
                                               Direct Telephone: (07) 5449 5183
                                               Response Address: Locked Bag 72
                                                                 Sunshine Coast Mail Centre QLD 4560
                                               Email:            [email protected]
                                               Our Reference:    2009/1658
4 February 2010

Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566



Dear Sir

                                       Decision Notice
                                   Integrated Planning Act 1997

I refer to your application and advise that on 3 February 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:
1        APPLICATION DETAILS

    Application No:                   2009/1658
    Street address:                   7 Saltwater Avenue, Noosaville
    Real property description:        Lot 881 SP 102594
    Planning Scheme:                  The Noosa Plan

2        DECISION DETAILS

The following type of approval has been issued:
        Development Permit for Operational Works - Jetty & Boatlift

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. The approved plans are listed in the following table and as
         may be amended by these conditions.




                                                                                          Page 1 of 6
Full text of the other 5 pages

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                                                                                        2009/1658



      Plan / Document Rev. Plan / Document Name                                      Date
      No.
      09/179-1                            Working DRG - John Norden and              November 2009
                                          Associates
      208014PW                    C       PWC Dock Section – Oz Dock                 15/02/06
      208014EX                    B       PWC Dock Extension Section – Oz 27/04/04
                                          Dock

2.    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.
3.    The existing jetty structure shall be removed.
4.    The jetty shall 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.    The boat lifting device is to be located in conjunction with the approved jetty and shall not
      extend beyond the end of the approved jetty and with an overall width no greater than 2.0m.
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.   Rock scour protection, wrapped in geotextile, extends 750mm from the face of the revetment
      wall in this locality. Piles are to be located clear of this rock protection.
11.   The jetty and boatlift is to be used for private purposes only with no commercial operations to
      be undertaken.
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 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
      and boat lift are constructed in accordance with best practice methods and are 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 structures by Council’s Inspector is also required prior to
      the return of any bond monies held by Council. Please contact Council’s Land Development
      Section to arrange the inspection.

                                                                                       Page 2 of 6

Page 3

                                                                                          2009/1658



18.     The Development Permit for Operational Works (Jetty and boatlift) lapses if the works have
        not been completed by 3 February 2012, 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

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

 Referral Trigger               Referral Status   Referral Agency        Referral Address

 Not applicable.

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
                                     Working DRG - John Norden and             November 2009
                                     Associates
 208014PW                   C        PWC Dock Section – Oz Dock                15/02/06
 208014EX                   B        PWC Dock Extension Section – Oz           27/04/04
                                     Dock

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.
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).

                                                                                       Page 3 of 6

Page 4

                                                                                         2009/1658



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
 Not applicable.

11     SELF ASSESSABLE CODES

The developer must comply with the following codes for self-assessable development related to the
development approved under this Decision Notice:
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.
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).

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.
Yours faithfully,


Denis Wallace
Senior Development Planner
                                                                                        Page 4 of 6

Page 5

                                                                                                      2009/1658



                                                        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.
                                                               (b) a notice giving a decision on a request to make a
    (2) The appeal must be started within 20 business              minor change to an approval.
days (the “submitters appeal period”) after the day
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
                                                               the person.
   (3) If a person withdraws a submission before the
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
                                                               (superseded planning scheme) that was assessed as
   (4) If an application involves both impact
                                                               if it were an application under a superseded planning
assessment and code assessment, appeal rights for
                                                               scheme.
submitters are available only for the part of the
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)
                                                                                                     Page 5 of 6

Page 6

                                                                                                  2009/1658

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

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