2401-38777 SRA - Response with conditions

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                                       waters (Planning Regulation 2017)
SARA reference:                        2401-38777 SRA
Assessment manager:                    Noosa Shire Council
Street address:                        19 Key Court, Noosa Heads
Real property description:             Lot 2 on SP330321
Applicant name:                        Davrus Pty Ltd
                                       c/- The Jetty Specialist
Applicant contact details:             18 Ron Parkinson Crescent
                                       CORBOULD PARK QLD 4551
                                       [email protected]
Human Rights Act 2019                  A consideration of the 23 fundamental human rights protected under
considerations:                        the Human Rights Act 2019 has been undertaken as part of this
                                       decision. It has been determined that this decision does not limit
                                       human rights


Representations
An applicant may make representations to a concurrence agency, at any time before the application is
decided, about changing a matter in the referral agency response (s.30 Development Assessment
Rules). Copies of the relevant provisions are in Attachment 4.

A copy of this response has been sent to the applicant for their information.

For further information please contact Lydia Summers, Senior Planning Officer, on 07 5644 3217 or via
email [email protected] who will be pleased to assist.

Yours sincerely




David Hooper
Manager

cc       Davrus Pty Ltd c/- The Jetty Specialist, [email protected]

enc      Attachment 1 - Referral agency conditions
         Attachment 2 - Advice to the applicant
         Attachment 3 - Reasons for referral agency response
         Attachment 4 - Representations about a referral agency response provisions
         Attachment 5 - Documents referenced in conditions




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Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)


 No.    Conditions                                                                     Condition timing
 Development Permit for Operational work
 10.17.3.2.1—Operational work that is tidal works or work in a coastal management district in tidal
 waters—The chief executive administering the Planning Act 2016 nominates the Director-General of
 the Department of Transport and Main Roads (Maritime Safety Queensland) to be the enforcement
 authority for the development to which this development approval relates for the administration and
 enforcement of any matter relating to the following conditions:
 1.     The private pontoon must be carried out generally in accordance with           At all times
        the following plans:
            Site Plan & Water Allocation prepared by The Jetty Specialist,
             dated 03/10/2023 (signed on 3/12/2023), drawing number TJS-
             04865-01 and revision A; and
            Layout Plan prepared by The Jetty Specialist, dated 07/11/2023
             (signed on 3/12/2023), drawing number TJS-04865-02 and
             revision B.
 2.     (a) The structure must be lit/marked in accordance with the following          For the duration of
            specification:                                                             works and for operation
                                                                                       to be maintained at all
               i.   section 3 of AS4282-1997 Control of the obtrusive effects          times.
                    of outdoor lighting.
        (b) Lighting provided must not obscure, disguise or otherwise
            interfere with the safe navigation of other vessels, including the
            effectiveness of navigational lighting.
 3.     The construction, operation and maintenance of the private pontoon,            For the duration of
        and any ship berthed, moored or attached to the structure, must not:           works, and at all times
        (a) encroach into, pass over or under a navigation corridor
        (b) be located in a high risk maritime zone
        (c) impede the safe navigation of other ships or boats
        (d) restrict safe access to or from neighbouring structures.
 4.     Remove and dispose of debris or similar obstruction encountered                For the duration of
        whilst undertaking the work at an appropriately licensed facility.             works
 5.     All piles and/or structures to be demolished, both above and below             Prior to the completion
        the waterline must be completely extracted/removed.                            of the works




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Attachment 2—Advice to the applicant

General advice
1.      Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
        or the State Development Assessment Provisions (SDAP), version 3.0. If a word remains
        undefined it has its ordinary meaning.




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Attachment 3—Reasons for referral agency response
(Given under section 56(7) of the Planning Act 2016)

The reasons for SARA’s decision are:
The proposed development has been assessed against and complies with the FastTrack5 qualifying
criteria checklist 4: Tidal works – Impacts on maritime safety of the SDAP, with conditions. In particular:
    The proposed development is for private single vessel pontoon located in a canal.
    The proposed private single vessel pontoon will not interfere or impact on the navigation corridor.


Material used in the assessment of the application:
    The development application material and submitted plans
    Planning Act 2016
    Planning Regulation 2017
    SDAP, version 3.0, as published by SARA
    Development Assessment Rules
    SARA DA Mapping system
    Section 58 of the Human Rights Act 2019
    South East Queensland Regional Plan 2017 (Shaping SEQ).



Attachment 4—Representations about a referral agency response
provisions
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Attachment 5—Documents referenced in conditions
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