Council archive · source document
Decision Notice MCU26 0034 & OPW26 0056 (As Published) · MCU26/0034
Officer: Daniel Epps
Direct Telephone: 07 53296223
Our Reference: MCU26/0034
OPW26/0056
Your Reference: .
25 June 2026
Pontoon Works
5/1 Bronwyn Street
CALOUNDRA WEST QLD 4551
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 25 June 2026, Council decided to approve the
application subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: MCU26/0034 & OPW26/0056
Street address: 117 Shorehaven Drive, Noosaville Qld 4566
Real property description: Lot 683 on RP897352
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for a Material Change of Use - Landing – Residential
• Development Permit for Operational Works – Jetty & Boatlifting Device
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
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.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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Document Set ID: 24898657
Version: 2, Version Date: 25/06/2026
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Plan No. Rev. Plan/Document Name Date
Sheet 1 of 2 A Site Plan 02/04/2026
Prepared by Kunkel Building Design
Sheet 2 of 2 A Floor Plan, Floor Framing Plan & Typical Section 02/04/2026
Prepared by Kunkel Building Design
Currency Period
2. 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 25 June 2028,
unless an application to extend the currency period is approved by Council.
Site Specific Conditions
3. All elements of the existing jetty, both above and below water level, must be wholly removed
as part of these works.
Performance Bond
4. Security in the form of a cash bond or trading bank guarantee to the sum of $5,000 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.
Bonds
5. Bonds must:
a. meet the requirements of Council’s relevant Planning Scheme Policy for performance
and uncompleted works.
b. be lodged with Council and accompanied by the Bond Administration Fee/s.
c. be requested for release by writing to Council, when relevant approval requirements
have been met.
General Conditions
6. The maximum number of vessels that may be berthed, moored, attached or stored on the
structure must not exceed 2 vessels.
7. The use of the jetty must not cause any adverse effects on the amenity of the surrounding
areas including changes to light, views, air quality and noise.
8. All vessels berthed/moored at the jetty must be located a minimum of 1.0 metre from the
prolongation of the property boundaries.
9. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
10. Boat repair activities are not permitted on site.
11. 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
12. All structures must have no detrimental effects on stormwater drains and/or easements.
13. 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.
14. A rigid handrail must be fitted on one side of the walkway. The handrail must be of an open
design and in accordance with the approved plans.
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15. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide necessary support for the` handrail.
16. 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.
17. 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.
18. 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.
19. 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
20. Wastewater and sullage must only be disposed of at approved pumpout facilities.
21. The mooring facility must not be utilised for live-aboard purposes.
22. 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.
23. Certification by a Registered Professional Engineer of Queensland that states that the
jetty/boatlift 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.
24. 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.
25. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans.
5. REFERENCE DOCUMENTS
Not applicable.
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
1. 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.
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2. 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.
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.
Building and Construction Industry (Portable Long Service Leave) Levy
4. The QLeave levy must be paid prior to the issue of a development permit where it is required.
Council will not be able to issue a Decision Notice without receipt of details that the Levy has
Performance Bond Agreement
5. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. 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.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Daniel Epps
Senior Development Engineer | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (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 –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (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
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of 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
(2) The notice of appeal must be accompanied by the required fee.
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Document Set ID: 24898657
Version: 2, Version Date: 25/06/2026
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