20181085 Signed Letter by email to Noosa Council - Applicant's Response to First Information Request

Noosa Council 2 14 September 2020

 

Jetties in the Noosa Waters Estate were previously controlled under Chapter XX! of Noosa Council bylaws
with an approval required from Council for their construction. A Local Planning Policy (Planning Scheme
Policy No 5. Private Jetties, Wharves, Pontoons & Boat Ramps) was adopted on 7 February 1991 (and
modified several times the last modification being 11 September 1997) and detailed design criteria for
jetties, wharfs, pontoons and boat ramps.

The jetty approval referred to by Council was approved under this bylaw and is considered to be a works
approval and not a development permit. The existing jetty has been constructed in accordance with the
permit and therefore the approval has been completed. There is no legal ability to, or requirement to,
change this works approval.

The bylaw and Planning Policy No 5 no longer exist and have been replaced in the now superseded Noosa
Plan 2006 (under which the application was lodged) by the Watercourses Works Code with jetties defined
as Prescribed Tidal Works and requiring an application to Council. Assessment against this new Code is alf

that is required.

The proposed jetty therefore does not affect the existing jetty works approval.

Issue 2 ~ Access Administration and Body Corporate Involvement

Our client now amends this Application to address both this issue and issue 3 below.
The Application is amended in line with the new documents now enclosed:

1. Joint Application — the Application is now made by the Owner of Lot 1, Australian Sunrise Citrus Pty
Ltd as Trustee, and the Owner of Lot 2 being Richard Allan Wright and Prudence Crownson Wright
(title search of Lot 2 attached as ASC16). This is confirmed at the end of this correspondence and
the revised DA Form 1 attached.

2. The location of the Finger Jetty has been changed, so that it Is now situated on the common
boundary of Lots 1 and 2, or more particularly their exclusive use courtyards adjoining the Noosa
Waters Canal (Lot 502 of RP839224) in accordance with the revised plans attached (Annexure
ASC17) being Kunkel Building Design project number 20.046 revision E.

These amendments have been made with a view to the Applicants no longer relying upon probable solution
$12.6 for the purposes of Part 14 (assessment benchmarks and requirements for development for a stated
purpose or of a stated type) of the Noosa Plan and instead now relying upon probable solution $12.7.

The implications of the change will be further addressed under issue 3 below.
For the purposes of this issue it is noted that probable solution $12.7 does not require the consent to
administration by, or indeed any involvement of, the Body Corporate for the Scheme in the Jetty’s approval,

installation or maintenance, Accordingly, the Applicants regard this issue within the Information Request
as having been rendered otiose by virtue of the amendment of the Application as described above.

For Council’s further information and assistance, however, as regards this Application, the installation and
maintenance of the Jetty, and the role of the Body Corporate:

1. for reasons previously provided the Body Corporate is not required to consent to the making of this
Application whether in its’ original or amended form;

2. the Jetty is not going to be installed on the common property of the Scheme; and