Decision Notice - 010.2008.00000464.001 [As Published] · 142008.464

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       D15                         D15 – Superior Jetty Constructions         29/05/03

      and as may be amended by these conditions.
2.    Structures should be designed and constructed such that they are free standing within the
      waterway and are not connected to or behind the revetment wall.
3.    Jetties should have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the
      revetment wall.
4.    A rigid handrail shall be fitted on one side of the walkway.
5.    No posts or vertical supports of the proposed jetty are to extend vertically from the structure
      unless they provide support for the handrail.
6.    The boat lifting devices are to be located in conjunction with the approved jetty and shall not
      extend beyond the end of the approved jetty and with an overall width no greater than 4.0m.
7.    The boat lifting devices are to be fixed to the approved jetty as such they form part of the
      structure and generally perpendicular to the revetment wall.
8.    There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
      the revetment wall.
9.    Lighting associated with the use shall be designed, installed, operated, and maintained in
      accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor Lighting.
10.   Rock scour protection, wrapped in geotextile, extends 750 mm from the face of the revetment
      wall in this locality. Piles are to be located clear of this rock protection.
11.   The jetty is to be used for private purposes only with no commercial operations to be
      undertaken.
12.   Boat repair activities will not be permitted on site.
13.   Wastewater and sullage shall only be disposed of at approved pumpout facilities.
14.   The mooring facility shall not be utilised for live-aboard purposes.
15.   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 1997.
16.   The approval or conditions do not constitute a ruling on structural safety and the applicant
      must make their own arrangement to ensure adequacy of design and work. Also any approval
      granted does not warrant that such plans and specifications have been checked in detail, nor
      does it 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. The Council does not accept
      any responsibility for the accuracy of such plans
17.   Certification by a Registered Professional Engineer of Queensland that states that the jetty
      and boat lifting device are constructed in accordance with best practice methods and are
      structurally sound shall be submitted to Council prior to the return of any bond monies held by
      Council. A final inspection and approval of the structures by Council’s Inspector is also
      required prior to the return of any bond monies held by Council. Please contact Council’s
      Land Development Section to arrange the inspection.
      The jetty shall be licensed with the Council upon completion of the structural work and shall be
      licensed annually thereafter.

5     REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:

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 Referral Trigger              Referral Status    Referral Agency          Referral Address

 Nil

6        APPROVED PLANS/DOCUMENTS
The approved plans and / or documents for this development approval are listed in the following
table:
 Plan / Document No.         Rev.    Plan / Document Name                        Date
 08/34-1                             Elevation 1, Elevation 2, Framing           February 2008
                                     Layout & Site Plan – John Norden &
                                     Associates
 08/34-2                             Section A & Detail 1-3 – John Norden &      February 2008
                                     Associates
 D15                                 D15 – Superior Jetty Constructions          29/05/03

7        ADVISORY NOTES
The following Advisory Notes are for information purposes only and do not form conditions of
approval:
1. Should any changes or modifications to the approved plans be required as a result of
   construction constraints, a Change to an Existing Approval Application under the Integrated
   Planning Act must be made. Amended plans clearly indicating the changes must be lodged with
   this application along with the appropriate fees.
2. The requirements of the Environmental Protection Amendment Regulation (No. 2) 1999 and
   Local Law No. 12, prevents a builder or building contractor carrying out building work on a
   building site in a way that makes or causes audible noise to be made from the building work:-
       2.1. On a Sunday or public holiday, at any time; or
       2.2. On a Saturday or a business day, before 7.00am or after 6.30pm.
       A maximum penalty of $1,500 applies to an offence under this legislation.
3. Pursuant to the Building and Construction Industry (Portable Long Service Leave) 1991 Act if the
       cost of operational works exceeds $80,000, then a portable long service leave levy is required to
       be paid. In accordance with Section 77.(1) of the Act, Council is required to sight the approved
       form issued by the Building and Construction Industry (Portable Long Service Leave) Authority
       that confirms that the requirements of the Act have been satisfied. A statutory declaration
       outlining the cost of the operational works must be submitted to Council prior to the
       commencement of any works over the site.
Aboriginal Cultural Heritage Act 2003
There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003.
The ACH Act establishes a cultural heritage duty of care which provides that: “A person who carries
out an activity must take all reasonable and practicable measures to ensure the activity does not
harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of care. Substantial
monetary penalties may apply to individuals or corporations breaching this duty of care. Injunctions
may also be issued by the Land and Resources Tribunal, and the Minister administering the Act can
also issue stop orders for an activity that is harming or is likely to harm Aboriginal cultural heritage or
the cultural heritage value of Aboriginal cultural heritage.


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You should contact the Cultural Heritage Co-ordination Unit on 07 3238 3838 to discuss any
obligations under the ACH Act.

8      PROPERTY NOTES

Not applicable

9      PRELIMINARY APPROVAL OVERRIDING SCHEME
Not applicable

10     FURTHER DEVELOPMENT PERMITS REQUIRED

 Type of Development Permit required         Subject of the required Development Permit
 Nil

11     SELF ASSESSABLE CODES
Not applicable

12     SUBMISSIONS
Not applicable

13     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not applicable

14     RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Integrated Planning Act 1997 is attached.
During the appeal period, you as the applicant may make written representations to Council about
the conditions contained within the development approval. If Council agrees or part agrees with the
representations, a “negotiated decision notice” will be issued. Only one “negotiated decision notice”
may be given. Taking this step will defer your appeal period, which will continue after Council makes
its decision. (Refer to sections 3.5.17 and 3.5.18 of the Integrated Planning Act 1997).

15     OTHER DETAILS
Should you wish to obtain more information about Council’s decision electronic copies of Council’s
decision are available on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,




Denis Wallace
PLANNING OFFICER




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                                                           Appeal Rights
                                                         INTEGRATED PLANNING ACT 1997 & 1998 REGULATION



The following is an extract from the Integrated                                  (6) If an application involves assessment against a
Planning Act (Chapter 4).                                                   concurrence agency code, appeal rights for submitters
                                                                            for the application are not available against the part of
Division 8 - Appeals to                   court    relating     to          the approval that represents the concurrence agency’s
development applications                                                    response for the code.
Appeals by applicants                                                       Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application                       4.1.29.(1) An advice agency may, within the limits of
may appeal to the court against any of the following-                       its jurisdiction, appeal to the court about the giving of a
(a) the refusal, or the refusal in part, of a development                   development approval for a development application
      application;                                                          if-
(b) a matter stated in a development approval,                              (a) the development application involves impact
      including any condition applying to the                                   assessment; and
      development, and the identification of a code                         (b) the advice agency told the applicant and the
      under section 3.1.6;1                                                    assessment manager to treat its response to the
(c) the decision to give a preliminary approval when a                         application as a submission for an appeal.
      development permit was applied for;                                      (2) The appeal must be started within 20 business
(d) the length of a currency period;                                        days after the day the decision notice or negotiated
(e) a deemed refusal.                                                       decision notice is given to the advice agency as a
                                                                            submitter.
   (2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant’s                        Appeals for matters arising after approval given
appeal period”) after the day the decision notice or                        (co-respondents)
negotiated decision notice is given to the applicant.                       4.1.30.(1) For a development approval given for a
    (3) An appeal under subsection (1)(e) may be                            development application, a person to whom any of the
started at any time after the last day a decision on the                    following notices have been given may appeal to the
matter should have been made.                                               court against the decision in the notice-
Appeals by submitters                                                       (a) a notice giving a decision on a request for
                                                                                extension of the currency period for an approval;
4.1.28.(1) A submitter for a development application
may appeal to the court about-                                              (b) a notice giving a decision on a request to make a
                                                                                minor change to an approval.
(a) the giving of a development approval, including
      any conditions (or lack of conditions) or other                           (2) The appeal must be started within 20 business
      provisions of the approval; or                                                days after the day the notice of the decision is
                                                                                    given to the person.
(b) the length of a currency period for the approval.
                                                                                (3) Subsection (1)(a) does not apply if the
    (2) The appeal must be started within 20 business                               approval resulted from a development
days (the “submitters appeal period”) after the day                                 application (superseded planning scheme) that
the decision notice or negotiated decision notice is                                was assessed as if it were an application
given to the submitter.                                                             under a superseded planning scheme.
   (3) If a person withdraws a submission before the                            (4) Also, a person who has made a request
application is decided, the person may not appeal the                               mentioned in subsection (1) may appeal to the
decision.                                                                           court against a deemed refusal of the request.
   (4) If an application involves both impact
                                                                                (5) An appeal under subsection (4) may be started
assessment and code assessment, appeal rights for
                                                                                   at any time after the last day the decision on
submitters are available only for the part of the
                                                                                   the matter should have been made.
application involving impact assessment.
                                                                            Division 9 - Appeals to court about other matters
    (5) If an application is processed under section
6.1.28(2), appeal rights for submitters for the                             Appeals for matters arising after approval given
application are available only for the aspects of the                       (no co-respondents)
development that would have required public                                 4.1.31.(1) A person to whom any of the following
notification under the repealed Act.                                        notices have been given may appeal to the court
                                                                            against the decision in the notice-
1
    Section 3.1.6 (Preliminary approval may override local planning         (a) a notice giving a decision on a request to change
    instrument)                                                                 or cancel a condition of a development approval.
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(b) a notice under section 6.1.442 giving a decision to                     (c) the decision to give a preliminary approval when a
      change or cancel a condition of a development                            development permit was applied for;
      approval.                                                             (d) the length of a period mentioned in section 3.5.21
      (2) The appeal must be started within 20 business                        currency period;
           days after the day the notice of the decision is                 (e) a deemed refusal.
           given to the person.
                                                                               (2) An appeal under subsection (1)(a) to (d) must
      (3) Also, a person who has made a request                             be started within 20 business days (the “applicant’s
           mentioned in subsection (1)(a) may appeal to                     appeal period”) after the day the decision notice or
           the court against a deemed refusal of the                        negotiated decision notice is given to the applicant.
           request.
                                                                                (3) An appeal under subsection (1)(e) may be
      (4) An appeal under subsection (3) may be started                     started at any time after the last day a decision on the
        at any time after the last day the decision on                      matter should have been made.
        the matter should have been made.
                                                                            The Registrar for the Building and Development
Appeals against decisions to change approval                                Tribunal may be contacted at the website
conditions under the repealed Act                                           http://www.localgovernment.qld.gov.au/
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
    (2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
    (3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises or
the erection of a building or other structure permitted
by the planning scheme may appeal to the court
against the decision or the conditions applied.
    (2) The appeal must be started within 20 business
days after the day notice of the decision is given to the
applicant.
For Building Works Only
Rights of appeal conferred by Section 4.2.9 of the
Integrated Planning Act 1997 as follows:
Division 3 – Appeals to tribunals relating to
development applications
Appeals by applicants
4.2.9(1) An applicant for a development application
may appeal to the Building and Development Tribunal
against any of the following-
(a) the refusal, or the refusal in part, of a development
      application;
(b) a matter stated in a development approval,
      including any condition applying to the
      development, and the identification of a code
      under section 3.1.6;3

2
     Section 6.1.44 (Conditions may be changed or
    cancelled by assessment manager or concurrence
    agency in certain circumstances)
3
    Section 3.1.6 (Preliminary approval may override local planning
    instrument)
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