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

Noosa Council 3 14 September 2020

 

3. as the Jetty will be the private property of the Applicants and will not be located within the common
property for the Scheme the Body Corporate has no role in the maintenance or otherwise with

respect to administration of the Jetty.

Issue 3 - Canal Frontage Issues

The issue raised is that in Council’s view the units within Portside each control the area between the unit
and the canal frontage through their exclusive use areas. Accordingly, in Councils’ view “the development
functions in the same manner as a development where the unit owners each own their frontage to the

canal”,

Council has requested that the Applicants demonstrate how the proposed Jetty achieves specific outcome
012 or is in accordance with probable solution $12.7 of the Watercourses Works Code.

By virtue of the amendments to the Application made within this correspondence the specific outcome O12
is now achieved by compliance with probable solution $12.7.

That probable solution requires the following:
“for unit developments where each unit has its’ own individual canal frontage —

a. a joint Application with the adjoining Owner is made (Council is unlikely to support a Jetty
Application for the exclusive use of one unit Owner); and

b. Jetties are constructed as follows —
i. the Jetty is shared between 2 unit Owners;
fi. the Jetty straddles the common boundary of the 2 units;
iii. Jetty heads and pontoons are not constructed; and

iv. Fencing between the 2 properties is set back a minimum of 1 metre from the revetment wall
to allow for efficient access to the Jetty by both Owners (Refer Figure 14-38).”

As to the above the requirement in sub-paragraph (a) is met — the Application is now a joint application
made by both of the Owners of Lots 1 and 2 on BUP103414,

Likewise, requirements (b)(ii) and (iii) are satisfied by virtue of the proposed design. That is the location of
the Jetty has now been moved to the common boundary and no Jetty Heads or Pontoons are being
constructed; see the revised Kunkel Plans attached as ASC17.

In relation to requirement (b)(iv) we are instructed that there is no fence between the Lots at the canal
frontage and instead there is a hedge. We are instructed that the distance from the outside edge of the
revetment wall to the beginning of the hedge is at least a meter,

As to the final requirement, being $12.7(b){i), the Applicants have entered into a Licence Agreement,
conditional upon grant of the necessary approvals and installation of the Jetty, which recognises joint
ownership of the Jetty, joint responsibility for maintenance, and grants a reciprocal licence between each
of the 2 Lot Owners of the “landing area” at the end of the proposed Jetty. This is to ensure that the Lot
Owners are able to access the end of the Jetty from their exclusive use courtyards,