Decision Notice - Approved by Delegation of Authority MCU22 0070

Officer: 	Diogo Carrico
Direct Telephone: 	07 53296465
Our Reference:	MCU22/0070 & OPW22/0116
Your Reference:	.
9 June 2022
Mr MJ Maclennan
C/- The Jetty Specialist
18 Ron Parkinson Cres
CORBOULD PARK   QLD  4551
[email protected]
Dear Sir,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 8 June 2022, Council decided to approve the application subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU22/0070 & OPW22/0116
Street address:	21 Witta Cir Noosa Heads Qld 4567
Real property description:	Lot 99 N 21846
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use – Landing – Residential
Development Permit for Operational Works – Prescribed Tidal Works – Pontoon
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
JSP-SJ-35810	A	Site Plan, Layout Plan & Water Allocation Prepared by EDGE Consulting Engineers	25/01/2022
JSP-SJ-35811	A	Elevation Prepared by EDGE Consulting Engineers	25/01/2022
JSP-SJ-35812	B	Starter Jetty & Step Details Prepared by EDGE Consulting Engineers	23/02/2022
JSP-GW-006	M	Standard Catwalk Construction Prepared by EDGE Consulting Engineers	14/01/2021
JSP-SD-187	B	Pivoting Pile Bracket Construction 315 DIA Pile Prepared by Empire Engineering	10/07/2015
JSP-SD-045	E	Concrete Insitu Pile Construction 315 & 400 Diameter Reinforced Prepared by EDGE Consulting Engineers	09/09/2020
JSP-SD-206/8	A	3m Wide Aluminium Deck Pontoon 5m To 12 Length Prepared by EDGE Consulting Engineers	09/08/2021
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 15 June 2024, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $2000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the commencement of the works. The cash bond or trading bank guarantee will be returned on performance of the conditions of this approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
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.
A rigid handrail must be fitted on at least one side of the walkway. The handrail must be of an open design and in accordance with the approved plans.
No boatlifting devices are to be attached or moored at the pontoon system’s 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.
The pontoon system 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.
The maximum number of vessels that may be berthed, moored, attached or stored on the structure(s) must not exceed 2.
The use of the pontoon must not cause any adverse effects on the amenity of the surrounding area including changes to light, views, air quality and noise.
Vessels berthed/moored at the pontoon must be located a minimum of 1.0m from the prolongation of the property boundary of 19 Witta Cr (Lot 98 N21846) and the property boundary of 23 Witta Cr (Lot 100 N21846).
Vessels and boatlifting devices must be connected directly to the pontoon, and not located side by side or in tandem with another vessel.
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 pontoon system is constructed in accordance with best practice methods and is structurally sound 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 Development Assessment Branch on 5329 6245 to arrange the inspection.
This approval lapses where the construction of the pontoon system 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
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Planning Regulation 2017 Schedule 10, Part 17 – Tidal Works or Work in a Coastal Management District	The agency provided its response on 25 May 2022 (Reference No. 2205-28613 SRA). A copy of the response is attached.

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.
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.

Yours faithfully

Diogo Carrico
Development Engineer

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents
cc.	[email protected]

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 2

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ee) NOOSA COUNCIL


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Queensland

SsaRA reference: 200628819 SRA
CCounal reference: MCUZ20070, OPW220116
‘Appleantreterence: 04648

25 May 2022
chief Execute Offcer
Noosa Shire Couna!
POBox 141

“Tewantin Gls 4585
rmaii@noosa qld gov.2u

‘Attention: ion Carico

Dear Mr Carico

SARA response—21 Witta Circle, Noosa Heads
(Reteral agency response given under secon £8 ofthe Planing Act 2016)

“The develooment application desorbed below was confirmed as properly referred by the State
‘Assessment and Referral Agency (SARA) on 3 May 2022.

 

Response

‘Outcome: Feferal agency response — wih conn,

Date of response: 25 May 2022

Conetions: “The consons in Attachment 1 must be attached to any

evelopment approval

Abc: ‘Advice the applicants in Attachment 2

Reasons: “The reasons forthe referal agency response ae in Attachment 3

Development details

Description: Development permit Operational work for prescribed tidal works

(ponteen)

SARA role Refer Agenoy

‘SARA taper “+ Schedule 10, Par 17, iision 3, Table 1 (Planning
Regulation 2017) ~ Tidal works or workin a coastal
management stick,

‘Sun ast Queens ern) een

enue oosyscre
Pagers oar Ha, Mafoshycre GLO S58


[Attachment: image4.png (image text)]
“SARA reference:
‘Assessment Manager:
‘Steet adress:

Real property description:
Applicant name:

‘Applicant contact details:

Representations

‘+ Schedule 10, Part 17, Division 3, Table 2 (Planning
Regulation 2017) ~ Tidal works or workin a coastal
management district

2208-28013 SRA
Noosa Shire Counc

21 Wita Circle, Noosa Heads
Let 99 on nate4e

Malcolm Maclennan

(Ch The Jetty Specialist,
$e Ron Parkingon Cres,
Corbould Park Gla 4651
[email protected]

“Bn applicant may make represeriatons toa SoncurTence agency, a any tne betore he applications _—
Gecided, about changing a matter inthe referal agency response (5.30 Development Assessment ules)
Copies f the relevant provisions are in Attachment 4

|A copy of this response has been sent tothe applicant for ther information.

For futher information please contact Richard Wison, Planning Ofcer, on 8352 8774 or via email,
‘SEGNothSARA@dscilgp qld gov.au who wil be pleased to assist.

‘Yours sincerely

—

aul Gleason
Principal Planning Offoer

ce Malcolm Maclennan,[email protected]

ene Altchment | -Referal aganeyconations
‘atachment 2 -Aaves tothe sppicant
‘Ataohment 3 - Reasons for reel agency respons
‘Atacrmert 4 Representations prowsions
‘Atachmert 5 - Approved pins and specications

‘st Aecesonent and Reta Agany

Pagezers


[Attachment: image5.png (image text)]
Attachment 1—Referral agency conditions
(Tider secon 58(TNBKT of Be Planing Act 2076 the Towing Condisons mast be Siachedo any GeSopEAT

‘spprovlelaing to this appeaton) (Copies ofthe plans and specileatons referenced blow ae found st

 

 

 

‘Ataorment 6).
No. | Conditions Condition timing
‘Development permit for operational work
‘Schedule 10, Par 17, Dhision 3 Table 1, lem 1 — Tidal works or works within a coastal management

whieh
tthe:

‘strict — The chief executive administering the Planning Act 2016 nominates
‘the Department of Environment and Scienos tobe the enforcement authority forthe development to
this development approval relates forthe administration and enforcement of any matte esting

following conditions:

the Director-General of

 

7

“The construction ofthe pontoon must be undertaken generally in|

accordance wa the following plans:

‘+ Site Pian, Layout Pan & Water Alloestion prepared by The Jety
Specialist dated 25/01/2022, reerence JSP-SJ-36810, revision
A

‘© Elevation prepared by The Jety Specialist dated 25/01/2022,
reference JSP-Si-36811, reviston A.

Forthe duration of
‘works and to be
maintained

 

“The works to which this approval lates are to be fora private
purpose ely

Aealltmes,

 

‘Any operator and contador involved in the works to which tis

‘spproval relates must

2S ove a ony of hne efaral agency onions
install al measures, plant and equipment necessary to ensure
‘compliance with the conctions of tis approval

) mainiain such measures, plant and equipment in @ proper and
‘ficient condition

6) pera Sch measures, plant and equpment in proper nd

‘During consiruction

 

For the proposed works only use materials which are Fee fom
contaminants as defined under section 11 ofthe Environmental
Protection Act 1998

‘During consiruction

 

‘Should the works become damaged as a result of erosion, flooding
‘or storm ide inundation, the registered landowners) ofthe subject
land shall be responsible fr the removal of ll debris at their own
expense

Aealltmes,

 

which
tothe:

‘Schedtile 10, Par 17, Dhision 3 Table 2, lem 1 Tidal works or works within
‘strict — The chief executive administering the Planning Act 2016 nominates
the Department of Transport and Main Roads tobe the enforcement authority

‘this development approval lates forthe administration and enforcement of any matter elstng

following conditions:

= coastal management
the Director-General of
or the development to

 

=

“The development must be cavied out generally in accordance with

‘the folowing pla:

‘© Site Plan, Layout Pian & Water Allocation prepared by the Jetty
Specialist dated 25/01/2022, reerence JSP-S1-36810, revision A

Aealltmes,

 

 

“The structure must be iimarked in accordance withthe folowing
specificatons, such that # does not cause a risk to the safe
avigaton of otter ships:

 

Aealltmes,

 

 

 

‘st Aecesonent and Reta Agany

Pagesers


[Attachment: image6.png (image text)]
 

“Secon 3 of AS42821067 Control of the obtrusive efecto of
ution fighting.

 

 

 

 

 

 

8 _| The consinucton, operation or maintenance ofthe suuctre. and | Atallimmes.
ny ship berined, moored or atached to the structure, must not
'), encroach ino, pass over or under a navigation corrdor or
B)_belocated in ahigh risk maritime zone.

(2 _ | Any debris or similar obstruction generated whist undertaking the | While works are
‘work must be removed from the waterway and suitably disposed of | occurring.
[tthe applicants expense.

10, | Allpies andlor structure tobe demelished both above andbalow | Prorfo complaton of
‘the waterine must be completely extractediemoved, the works.

 

 

‘st Aecesonent and Reta Agany

Pagesers


[Attachment: image7.png (image text)]
Attachment 2—Advice to the aj

 

 

General advice
1.__| Terms and phrases used in this dooumant are defined inthe Planning Act 2076 fs regulation or

the State Development Assessment Provsions (SDAP) v3.0, Ifa word remains undefined thas
its ordinary mesning.

 

 

 

 

 

‘st Aecesonent and Reta Agany Pagesers


[Attachment: image8.png (image text)]
Attachment 3—Reasons for referral agency response
(Given under secon S67) of te Panning AC 2076)

“The reasons for SARAS decision are:
1+” The application is for a development permit for operational work to allow for removal of an existing
pontoon system and the installation of a new pontoon system adjacent to 21 Wita Circe, Noosa
Heses
‘©The ste is mapped as being i the coastal management district and within an erosion prone area,
‘The prescribed tidal works will occur ina developed waterway that includes a navigation coir.
‘+The proposed structure, including any vessel berthed, moored or attach tothe stucture:
‘© willnot encroach into, pass over or under a navigation corridor
(© isnot located ina high risk martime development one.
‘+ SARA finds the proposed structure meats the FastTrack5 qualffing erteria checklist 4
‘+The development has been assessed against State code 7: Martime safety (State code 7) and State
code & Coastal development and tidal works (State code 8) ofthe State development Assecement
Frovsione (SDAP), version 30.
‘+ SARA finds the development complies with State code 7 and State cod 8, subject to conditions to
'© The development is cared out generally in aocordance wit the plans of development
‘submitted wit the application
(© that the coastal resource (State land) is appropriately administered under the Coastal
Protection and Management Act 1805 and the Land Act 1004
(© impacts on coastal values (water quality) are avoided or minimised
12. the importation of materials does not resub in adverse impacts on coastal values. Chemical

‘and other contaminants have the potential to have an unacceptable impact on coastal
values

(© thatthe development gets damaged, the applicant wil be required to remove remaining
‘Sabre at thir own

expense

(©. that atalltimes, al ightson the site do not interfere wih safe navigation in surounding

(© the development does not encroach on the navigation condor or high-sk marime zane to
‘ensure the safe passage of vessels

(0 that debris from the development does not create a hazard to navigation

‘2 that there is no residual material that coud orete a hazard to navigation.

Material used in the assessment ofthe application:

“The development application material and submited plans
Pranning Act 2016

tanning Regulation 2017

“The State Development Assessment Provisions (version 3.0)
‘The Development Assessment Rules

‘SARA DA Mapping system

luman Rights Act 2019

‘st Aecesonent and Reta Agany Pagesors