Court Judgement 10 Jun 2021 - Case 209 of 2020

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“BNNEXURE A”
1. APPLICATION DETAILS
Application No: OPW20/0114
Street address: Portside Noosa Waters 1/4 Portside Ct Noosaville Qld 4566
Portside Noosa Waters 2/4 Portside Ct Noosaville Qld 4566
Real property description: Lot 1 BUP 103414 and Lot 2 BUP 103414
Planning Scheme: The Noosa Plan (8 June 2018)

2. DECISION DETAILS

The following type of approval was issued:
° Development Permit for Operational Works — Jetty

3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
j 4. CONDITIONS OF APPROVAL

Approved Plans

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 unless
otherwise amended by these conditions.

Plan No. Rev. —_ Plan/Document Name Date

20.046 Sheet lof2 E Site Plan prepared by Kunkel Building Design , 6 August 2020
Sheets

20.046 Sheet 20f2 E Floor Plan, Floor Framing Plan & Typical Section 6 August 2020
Sheets " prepared by Kunkel Building Design

Currency Period

2: The development approval lapses if the works have not been completed and all conditions of
approval been complied with by 20 May 2023, unless an application to extend the currency
period is approved by Council.

Site Specific Conditions

3. The approved plans must be certified by a suitably qualified Registered Professional Engineer
of Queensland (RPEQ) as being suitable for the intended use prior to the commencement of
construction. A copy of the certified plans must be submitted to Council for records purposes

4. The Registered Professional Engineer of Queensland (RPEQ) bears full responsibility for all
structural aspects of the jetty.

General Conditions

5. 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

6. All structures must have no detrimental effects on stormwater drains and/or easements.

7. 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.

8. Arigid handrail must be fitted on one side of the walkway.

9. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide necessary 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.

 

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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:

a. Located clear of this rock protection where applicable, or alternatively
b. Where the scour protection extends beyond 750mm:

i. 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, including short-term
accommodation.

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 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
6500 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

Performance Bond

Security in the form of a cash bond or trading bank guarantee to the sum of $2500 must be
submitted to Council, to secure performance of all conditions of this approval, prior to
commencement of works. The cash bond or trading bank guarantee will be returned on
performance of the conditions of 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.

ADVISORY NOTES

he following notes are included for guidance and information purposes only and do not form part

e assessment manager conditions:

   

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1. 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.

2. 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.

3. 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.

 

62215162v1

Page 5

 

 

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QBCC Lic No 1136721

  

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REY DATE
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WIND CATEGORY CUENT

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NEW JETTY

No, 1/4 PORTSIDE COURT, NOOSAVILLE Q 4566
Lot 1 ON BUP103414

ISSUE
CONSTRUCTION ISSUE

TUT ST

21°2050"

30.797m

DRAWING NAME:

SITE PLAN

Jetty

ayer
1 :400

 

notes

 

1, Survey Information lo be confirmed by Licensed
‘Surveyor prior lo-consituction, Where property
boundary locallons ara not clear, tie contractor shell
organise an Ideniificalon curvey to locale required
boundaties ,

2. Extanl of ske earthworks to be confirmed by
engineer Bor contrenlor on sila prior lo construction.

3, Conlractor to-confimn ting & orfentalion prtor to
selouf, Localion of pontcan & pontoon setoul te be
camtled ou by Licensed Surveyor,

4, Allservices tobe localecon site by conlracloy prior
loconstyuctton.

5, Do nol scale off drawings, use figured dimensions
only. Any dnensions not nominated must be referred to
‘tha Designer for confirmation, Contractor stall very all
dimensions on sie prior to constuction,

6, Pontoons, gangWay, connecilons & wallavay footing
todetailky oars,

property details
No, 1/4 Portlda Cou,
Noosaville QLD 4566

 

 

Noose Shire Council
Patich- Tewanlin
County - Maren

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Sile Coverage NIA

Zone~ Alleched Housing
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01 3

PROJECT HO.

20.046

SCALE

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notes
lg aluminium framing sizes & connections | Sank eset ged els anaerion
ie jo engineers design & detail
ie 2, Allbulaing selout & confitmalion of setbacks &
lg helo tobe cartedou by a Licensed Surveer,
Floor joists to headstocks A ee Sekar A
iH i a lons | tt
lo engineers detail | fetter, Contractor shall vey all
200x60x3mm unum | binge alunnium pale a
floor joists O34 cfs | fixed to end of elty icles teaiaslastrei confrmed prior to
~ 415x838 H4 hwd decking over | smttejay
. fi ih
2400x50x6mm ths | revelment wall ee arn BCk Go wulye Asset
headstocks per pile | Coriteclt to provide protection Information for buling
a applcaon,
ZO ad eat pei = ‘ 4 eno
Headstacks to piles to SEO Sa = . © Denotes dimension to centre line
engineers deal fa veer wal  Dencies dimension to ouside faa
345 dia. pve insite piles _
toengineers details
——
GB) section
1:50
8 im 3
fst 77 . 750. & 750
qT y q 345 dia, pyc insitu piles T
lo engineers detail a B
a
200x50x3mm aluminium
floor joists @ 375mm crs | a
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| ! #8
24 00x60x6mm ths | if
headstocks per pile 3
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decklng over
om =rt
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fixed to end of jelly “tp revetment wall
Do not fix jelly
to revetment wall =
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signatures
owner/s
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1: 100
c DESIGNER ‘CHECKER ‘WIND CATEGORY CLENT PROJECT FLOOR PLA 100 L N & eidzalod Ly Pay Ne}
LW A eerste T Td Ye Gods < FRAMING P. 4 &
Shae resi eee UNKEL > ox nu a easeezeNeok tH PORTSDE COURT HOOSAMLLEG 8 FPICAL aii RPRAHING PLA EN pet
hehe BUILDING DESIGN & saan SDK CONSTRUCTION ISSUE Lot 1 ON BUP103414 2 RO
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