Delegated Report - Code - Planning OPW19 0217 · OPW19/0217

Author	Coordinator Engineering, Mark Lewis
Development Assessment

APPLICATION DETAILS
Application No.	OPW19/0217
Applicant	Pile-It Pty Ltd
Proposal	Operational Works – Jetty
Properly Made Date	3 October 2019
Information Request Date	18 October 2019
Information Response Date	21 October 2019
Decision Due Date	9 December 2019
Report Completed Date	14 November 2019
Number of Submissions	Not Applicable

PROPERTY DETAILS
Property Address	60 The Peninsula Noosaville Qld 4566
RP Description	Lot 291 RP 856193
Land Area	921.0000 m²
Existing Use of Land	Residential

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Detached Housing
Overlays	Natural Hazards
Assessment Type	Code
PROPOSAL
The application seeks approval for Operational Works - Jetty.
site details
Background
There is no higher order requiring the works.
assessment
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
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Watercourses Works Code
The application has been found to generally comply with all applicable statutory instruments.
COMMENTS
Council issued an information request regarding 2 concerns with the design (quayline and handrail type).
Quayline.
Council’s calculations determined that the western end of the jetty head will be 10.217m from the property boundary which is beyond the 10m maximum quayline. It is noted that the revetment wall may be setback from the property boundary and as such if the jetty dimensions relate to the revetment rather than the property boundary the quayline may not be exceeded.
The applicant responded with the following comments:
The jetty will be constructed in accordance with a work method that ensure that the furthest most point of the jetty does not exceed the allowable quayline of 10m.
It is considered that the issue can be addressed by the inclusion of reasonable and relevant conditions
Handrail
The proposal includes a “hamptons style handrail” and Council has concerns that the handrail may impact on the visual amenity of the area.
The applicant responded with the following comments:
The proposed handrail detail reflects the character and setting of the work’s immediate surrounds i.e. it is consistent with the handrails on the adjoining house. There are other handrails in the area that have a top and middle rail. In this instance the middle rail is simply a cross rather than a straight rail. The proposed handrail will not impact on the visual amenity of the area any more than having a boat tied to the jetty or a boat storage device attached.
Council’s Planning officer has provided the following comments:
Any infill of the hand rails is inconsistent with the Watercourse Works Code.  Any works in the Noosa Waters canal should ‘reflect the character and setting of the work’s immediate surrounds or locality’ (O11 of the Watercourse Works Code).
A site inspection revealed that the all handrails in the vicinity of the site (and generally in Noosa Waters) consist of vertical posts and a horizontal rail with no decorative infills. This simplistic design ensures that the jetties remain as operational low key structures and do not become a feature in the Noosa Water’s canal system, or an extension of a dwellings recreational space.  There is a risk that embellishing handrails in Noosa Waters may lead to visual ‘cluttering’ of the watercourse.
Given the advice provided by the planning officer the “hamptons style” handrail is not supported and conditions and plan annotations have been included
Draft planning scheme
The works generally comply with the draft scheme
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council officers:
Planning
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 OPW19/0217 for Operational Works – Jetty situated at 60 The Peninsula Noosaville Qld 4566 and described as Lot 291 RP 856193, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	OPW19/0217
Street address:	60 The Peninsula Noosaville Qld 4566
Real property description:	Lot 291 RP 856193
Planning Scheme:	The Noosa Plan (8 June 2018)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works – Jetty
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
Approved Plans
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
7550F-S001	C1	Cover Sheet, Drawing Schedule and Locality Plan prepared by Black and More	2 August 2019
7550F-S002	C1	General Notes Sheet 1 of 2 prepared by Black and More	2 August 2019
7550F-S003	C1	General Notes Sheet 2 of 2 prepared by Black and More	2 August 2019
7550F-S004	C3	Site Plan, Framing Plan and Jetty Elevations prepared by Black and More As annotated by Council	2 October 2019
7550F-S005	C1	Typical Jetty Details Sheet 1 of 4 prepared by Black and More	2 August 2019
7550F-S006	C1	Typical Jetty Details Sheet 2 of 4 prepared by Black and More	2 August 2019
7550F-S007	C1	Typical Jetty Details Sheet 3 of 4 prepared by Black and More	2 August 2019
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with by 14 November 2021, unless an application to extend the currency period is approved by Council.
Site Specific Conditions
The constructed jetty must not extend beyond the maximum quayline of 10m measured from the property boundary. Certification of the quayline from a suitably qualified person must be submitted to Council within 3 months of the completion of the works.
The proposed “hamptons style” handrail is not approved. The handrail for the jetty must be an open style handrail consisting of evenly spaced vertical posts and a single horizontal rail
General Conditions
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
All structures must have no detrimental effects on stormwater drains and/or easements.
Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the revetment wall.
A rigid handrail must be fitted on one side of the walkway.
No posts or vertical supports of the proposed jetty are to extend vertically from the structure unless they provide support for the handrail.
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.
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.
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.
Rock scour protection, wrapped in geotextile, extends from 750mm up to approximately 5000mm from the face of the revetment wall in Noosa Waters. Piles are to be:
Located clear of this rock protection where applicable, or alternatively
Where the scour protection extends beyond 750mm:
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
The jetty is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities are not permitted on site.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
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.
Certification by a Registered Professional Engineer of Queensland that states that the jetty is constructed in accordance with best practice methods, is structurally sound and in accordance with the conditions of this approval 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 Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
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.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
referral agencies
Not applicable.
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
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.
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.
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.
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
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. QLeave contact: 1800 803 481 (free call) or (07) 3212 6855.
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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.
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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DEVELOPMENT ASSESSMENT DELEGATED REPORT