Skip to the record
Accept no imitations.

Council archive · source document

SPA Decision Notice [As Published] · 142010.367

of 6

Text shows just the words. Original shows the document exactly as it was published.

                                              Officer:          Marcus Brennan
                                              Direct Telephone: (07) 5449 5225
                                              Response Address: Locked Bag 72
                                                                Sunshine Coast Mail Centre QLD 4560
                                              Email:            [email protected]
                                              Our Reference:    2010/367

14 April 2010

Christoffel B Kritzinger
CARE Noosa Jetty Builders
PO Box 299
NOOSAVILLE QLD 4566



Dear Sir/Madam

                                       Decision Notice
                                  Sustainable Planning Act 2009

I refer to your application and advise that on 13 April 2010 Council decided to approve the
application in full subject to conditions.
Details of the decision are as follows:

1        APPLICATION DETAILS

    Application No:                   2010/367
    Street address:                   153 Shorehaven Drive, Noosaville
    Real property description:        Lot 701 RP 907011
    Planning Scheme:                  The Noosa Plan

2        DECISION DETAILS
The following type of approval has been issued:
        Development Permit for Operational Works - Jetty
3        RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development
approval takes effect. (Refer to Section 341 “When approval lapses if development not started” of the
Sustainable Planning Act 2009.)

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.
          Plan / Document No.     Rev.    Plan / Document Name                         Date
          10/41-1                 -       Working Drg       -   John   Norden   and    March 2010
                                          Associates



                                                                                         Page 1 of 6
Full text of the other 5 pages

Page 2

                                                                                        2010/367



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    Jetties shall have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
     revetment wall.
4    A rigid handrail shall be fitted on one side of the walkway.
5    No posts or vertical supports of the proposed jetty are to extend vertically from the structure
     unless they provide support for the handrail.
6    No boatlifting devices are to be attached or moored at the jetty structure for the purpose of
     elevating a vessel above the water without prior council approval.
7    There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
     the revetment wall.
8    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.
9    Rock scour protection, wrapped in geotextile, extends 750 mm from the face of the revetment
     wall in this locality. piles are to be located clear of this rock protection.
10   The jetty is to be used for private purposes only with no commercial operations to be
     undertaken.
11   Boat repair activities are not permitted on site.
12   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
13   The mooring facility shall not be utilised for live-aboard purposes.
14   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.
15   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. 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. Council does not accept any
     responsibility for the accuracy of such plans and specifications as approved.
16   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 shall be
     submitted to council prior to the return of any bond monies held by council. 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 Land Development section to arrange
     the inspection.
17   The jetty shall be licensed with the Council upon completion of the structural work and shall be
     licensed annually thereafter.
Relevant Period
18     The development permit for Operational Works (Operational Works – Jetty) lapses if the
       works have not been completed by 13 April 2012, unless an application to extend the
       relevant period is approved by Council.




                                                                                      Page 2 of 6

Page 3

                                                                                            2010/367




5       REFERRAL AGENCY CONDITIONS
Not applicable.

6       APPROVED PLANS/DOCUMENTS

The approved plans and / or documents for this development approval are listed in the following
table:
Approved Plans
 Plan No.                   Rev.    Plan Name                                    Date
 10/41-1                    -       Working Drg      -   John   Norden    and    March 2010
                                    Associates


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.
       1.         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.
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 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.


                                                                                         Page 3 of 6

Page 4

                                                                                     2010/367



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
 Development Permit for Building Works      All Building Works

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
Sustainable Planning Act 2009 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. Taking this step will defer your appeal
period, which will commence again from the start the day after you receive a “negotiated decision
notice”. (Refer to Part 8 “Dealing with decision notices and approvals” - Division 1 “Changing
decision notices and approvals during applicant’s appeal period” of the Sustainable Planning Act
2009.)

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

                                                                                                2010/367



                                                    Appeal Rights
                                                 SUNSTAINABLE PLANNING ACT        2009    &    SUSTAINABLE
                                                 PLANNING REGULATION 2009


The following is an extract from the Sustainable                      (ii) the length of a period mentioned in
Planning Act 2009 (Chapter 6).                                             section 341 for the approval.
                                                           (3)    However, a submitter may not appeal if the
MATERIAL CHANGE OF USE, RECONFIGURING A                           submitter—
LOT & OPERATIONAL WORKS
                                                                  (a) withdraws the submission before the
Division 8 - Appeals to          court   relating    to               application is decided; or
development applications
                                                                  (b) has given the assessment manager a
461     Appeals by applicants                                         notice under section 339(1)(b)(ii).
(1)     An applicant for a development application         (4)     The appeal must be started within 20
        may appeal to the court against any of the                 business days (the submitter’s appeal
        following-                                                 period) after the decision notice or
        (a) the refusal, or the refusal in part, of a              negotiated decision notice is given to the
           development application;                                submitter.
        (b) any condition of a development approval,       463   Additional and extended appeal rights for
           another matter stated in a development                submitters for particular development
           approval and the identification or inclusion          applications
           of a code under section 242                     (1)    This section applies to a development
        (c) the  decision to give a preliminary                   application to which chapter 9, part 7
           approval when a development permit was                 applies.
           applied for;                                    (2)    A submitter of a properly made submission
        (d) the length of a period mentioned in                   for the application may appeal to the court
           section 341;;                                          about a referral agency’s response made by
        (e) a deemed refusal of the development                   a prescribed concurrence agency for the
           application.                                           application.
                                                           (3)    However, the submitter may only appeal
(2)     An appeal under subsection (1)(a), (b), (c) or
                                                                  against a referral agency’s response to the
        (d) must be started within 20 business days
                                                                  extent it relates to—
        (the applicant’s appeal period) after—
        (a) if a decision notice or negotiated decision           (a) if the prescribed concurrence agency is
            notice is given—the day the decision                      the chief executive (environment)—
            notice or negotiated decision notice is                   development for an aquacultural ERA; or
            given to the applicant; or                            (b) if the prescribed concurrence agency is
        (b) otherwise—the day a decision notice was                   the    chief   executive        (fisheries)—
            required to be given to the applicant.                    development that is—
(3)     An appeal under subsection (1)(e) may be                      (i)    a material change of use of
        started at any time after the last day a                             premises for aquaculture; or
        decision on the matter should have been                       (ii)   operational work that is the removal,
        made.                                                                damage or destruction of a marine
                                                                             plant
462     Appeals by submitters - general
                                                           (4)    Despite section 462(1), the submitter may
(1)     A submitter for a development application
                                                                  appeal against the following matters for the
        may appeal to the court only against-
                                                                  application even if the matters relate to code
        (a) the part of the approval relating to the              assessment—
           assessment manager’s decision about
                                                                  (a) a decision about a matter mentioned in
           any part of the application requiring
                                                                      section 462(2) if it is a decision of the
           impact assessment under section 314; or
                                                                      chief executive (fisheries);
        (b) the part of the approval relating to the
                                                                  (b) a referral agency’s response mentioned in
            assessment manager’s decision under
                                                                     subsection (2).
            section 327.
                                                           464   Appeals by advice agency submitters
(2)     To the extent an appeal may be made under
        subsection (1), the appeal may be against 1        (1)    Subsection (2) applies if an advice agency, in
        or more of the following—                                 its response for an application, told the
                                                                  assessment manager to treat the response
        (a) the giving of a development approval;                 as a properly made submission.
        (b) any provision of the approval including—       (2)    The advice agency may, within the limits of its
           (i)    a condition of, or lack of condition            jurisdiction, appeal to the court about—
                  for, the approval; or
                                                                                              Page 5 of 6

Page 6

                                                                                        2010/367

      (a) any part of the approval relating to the    467    Appeals about changing or cancelling
         assessment manager’s decision about                 conditions imposed by assessment
         any part of the application requiring               manager or concurrence agency
         impact assessment under section 314; or      (1)    A person to whom a notice under section
      (b) any part of the approval relating to the           378(9)(b) giving a decision to change or
          assessment manager’s decision under                cancel a condition of a development approval
          section 327                                        has been given may appeal to the court
(3)   The appeal must be started within 20                   against the decision in the notice.
      business days after the day the decision        (2)    The appeal must be started within 20
      notice or negotiated decision notice is given          business days after the day the notice of the
      to the advice agency as a submitter.                   decision is given to the person.
(4)   However, if the advice agency has given the     For Building Works Only
      assessment manager a notice under section       532    Appeals by applicants
      339(1)(b)(ii), the advice agency may not
      appeal the decision.                            (1)    If—
465   Appeals about decisions         relating   to          (a) a person has been given, or is entitled to
      extensions for approvals                                  be given—
(1)   For a development approval given for a                     (i)       an information notice under the
      development application, a person to whom a                          Building Act about a decision
      notice is given under section 389, other than                        other than a decision under
      a notice for a decision under section 386(2),                        that Act made by the
      may appeal to the court against the decision                         Queensland Building Services
      in the notice.                                                       Authority; or
(2)   The appeal must be started within 20                       (ii)      an information notice under the
      business days after the day the notice of the                        Plumbing and Drainage Act
      decision is given to the person.                                     2002 about a decision under
                                                                           part 4 or 5 of that Act; or
(3)   Also, a person who has made a request
      under section 383 may appeal to the court              (b) a person—
      against a deemed refusal of the request                    (i)       was an applicant for a building
(4)   An appeal under subsection (3) may be                                development approval; and r
      started at any time after the last day the                 (ii)      is dissatisfied with a decision
      decision on the matter should have been                              under the Building Act by a
      made.                                                                building certifier or referral
                                                                           agency about inspection of
466   Appeals about decisions         relating   to
                                                                           building work the subject of the
      permissible changes)
                                                                           approval; the person may
(1)   For a development approval given for a                               appeal against the decision to
      development application, the following                               a building and development
      persons may appeal to the court against a                            committee.
      decision on a request to make a permissible
                                                      (2)    An appeal under subsection (1) must be
      change to the approval—
                                                             started within 20 business days after the day
      (a) if the responsible entity for making the           the person is given notice of the decision.
         change is the assessment manager for
                                                      (3)    If—
         the application—
                                                             (a) under the Building Act, a person makes
         (i)   the person who made the request;
                                                                  an application other than a building
               or                                                 development application to a local
         (ii) an entity that gave a notice under                  government; and
               section 373 or a pre-request                  (b) the period required under that Act for the
               response notice about the request
                                                                  local government to decide the
      (b) if the responsible entity for making the                application (the decision period) has
          change is a concurrence agency for the                  passed; and
          application—the person who made the                (c) the local government has not decided
          request..                                               the application; the person may appeal
(2)   The appeal must be started within 20                        to a building and development
      business days after the day the person is                   committee against the lack of the
      given notice of the decision on the request                 decision and for the committee to decide
      under section 376.                                          the application as if it were the local
(3)   Also, a person who has made a request                       government.
      under section 369 may appeal to the court       (4)    An appeal under subsection (3) must be
      against a deemed refusal of the request.               started within 20 business days after the end
(4)   An appeal under subsection (3) may be                  of the decision period..
      started at any time after the last day the
      decision on the matter should have been
      made.

                                                                                     Page 6 of 6

Used in these records

About this file

File size
54 KB (small file)
File type
PDF

No other editions are linked here.

Original file

Log in to download the original file

SPA Decision Notice [As Published].pdf · 54 KB (small file)

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.