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Officer: Jack Lewis
Direct Telephone: (07) 5449 5183
Response Address: PO Box 141, Tewantin QLD 4565
Email: [email protected]
Our Reference: 2009/134
Your Reference:
3 June 2009
Pontoons By Design
16 Avian Street
KUNDA PARK QLD 4556
Dear Madam
Decision Notice
Integrated Planning Act 1997
I refer to your application and advise that on 2 June 2009 Council decided to approve the application
in full subject to conditions.
Details of the decision are as follows:
1 APPLICATION DETAILS
Application No: 2009/134
Street address: 3 Dolphin Crescent, Noosaville
Real property description: Lot 69 N 10572
Planning Scheme: The Noosa Plan
2 DECISION DETAILS
The following type of approval has been issued:
Development Permit for Operational Works - Prescribed Tidal Works - Transport Type 5
(Jetty)
3 RELEVANT PERIOD OF APPROVAL
The relevant period for this Development Approval is identified in the Assessment Manager
conditions.
4 ASSESSMENT MANAGER CONDITIONS
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development: -
Plan / Document No. Rev. Plan / Document Name Date
477-01 A Site Layout – AAA Design & 7 May 2009
Development Pty Ltd
477-02 Pontoon Details – AAA Design & 3 February 2009
Development Pty Ltd
Page 1 of 8
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Section 2
2009/134
2. The applicant shall obtain approval of the revised site plan, drawing 477-01A dated 7 May
2009, from Marine Safety Queensland prior to the commencement of the construction of the
works.
3. All structures associated with the jetty and pontoon must be constructed wholly within the
approved Resource Entitlement Area.
4. The structures shall be designed and constructed such that they are free standing within the
waterway and are not connected to or behind the revetment wall or rock wall.
5. A rigid handrail shall be fitted to at least one side of the fixed section of the jetty.
6. No posts or vertical supports of the proposed jetty are to extend vertically from the structure
unless they provide support for the handrail.
7. 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.
8. The jetty shall be constructed in a manner to render the underside area vermin proof.
9. There shall be no electrical reticulation system carrying electricity in excess of 24 volts beyond
the revetment wall.
10. 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.
11. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
12. Boat repair activities are not 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 arrangements to ensure adequacy of design and work. 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 statutes and/or statutory
regulations in the execution and/or performance of said works. Council does not accept any
responsibility for the accuracy of such plans and specifications as approved.
17. Certification by a Registered Professional Engineer of Queensland shall be submitted to
Council prior to the return of any bond monies held by Council. The certification shall state that
the jetty, gangway and pontoon have been constructed in accordance with best practice
methods, are in accordance with Coastal Protection and Management Act 1995, are
structurally sound and will have no detrimental affect on the existing revetment walls.
18. A final inspection and approval of the structure by Council’s Inspector is also required prior to
the return of any bond monies held by Council. Please contact Council’s Operational Works
Assessment Section to arrange the inspection.
19. The jetty shall be licensed with the Council upon completion of the structural work and shall be
licensed annually thereafter.
20. The Development Permit for Operational Works lapses if the works have not been completed
by 2 June 2011, unless an application to extend the relevant period is approved by Council.
Page 2 of 8
Section 3
2009/134
5 REFERRAL AGENCY CONDITIONS
The referral agencies applicable to this application are:
Referral Trigger Referral Status Referral Agency Referral Address
Operational work in a Concurrence Queensland Regional Harbour Master
canal that is Prescribed Transport (Maritime Mac Arthur Ave East
Tidal Work Safety Queensland) PINKENBA QLD 4008
A copy of any referral agency conditions is attached.
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
477-01 A Site Layout – AAA Design & 7 May 2009
Development Pty Ltd
477-02 Pontoon Details – AAA Design & 3 February 2009
Development Pty Ltd
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
commencement of work.
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 (ACH Act).
Page 3 of 8
Section 4
2009/134
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 ACH 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.
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 are available
on line at www.sunshinecoast.qld.gov.au, or at Council Offices.
Yours faithfully,
Denis Wallace
SENIOR PLANNING OFFICER
Page 4 of 8
Section 5
2009/134
Referral Agency Conditions –
Queensland Transport (Maritime
Safety Queensland)
INTEGRATED PLANNING ACT 1997 & 1998 REGULATION
Page 5 of 8
Section 6
2009/134
Page 6 of 8
2009/134
6. The owner is to ensure that the ship berthed at this structure must maintain sufficient under keel
clearance at all stages of tide. The ship must comply with any local restrictions placed on
channel depths and draft restrictions.
7. Any ships and equipment you or your agent use must comply with the Transport Operations
(Marine Safety) Act 1994, the Transport Operations (Marine Safety) Regulation 2004 and the
Transport Operations (Marine Pollution) Act 1995,
8. Any ships using this structure must comply with the Transport Operations (Marine Safety) Act
1994 and the Transport Operations (Marine Safety) Regulation 2004.
9. Any ship moored at this pontoon/jetty must not impede the safe navigation of other ships or
restrict safe access to or from neighbouring structures.
10. Any ship, dry berth or device (including Air Lifting Pontoons) berthed, moored or attached to the
pontoon/structure must not exceed the following sizes:
Wet Berth Dry Berth/Air Lifting Pontoon
Length Overall - 5.0 metres N/A
Beam- 2.4 metres N/A
11. The contractor must construct the pontoon within two years from the date of approval. If
construction is not completed, you will need additional or amended comments from the Regional
Harbour Master.
Maritime Safety Queensland does not need to be further consulted if all of the above conditions are
met.
The above conditions must be included in your application to the assessment manager.
This agency will also forward a copy of this letter to the Assessment Manager.
Yours sincerely
Captain Richard C Johnson
Regional Harbour Master (Brisbane)
Maritime Safety Queensland Page 2 of 2
Page 6 of 8Section 7
2009/134
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
Division 8 - Appeals to court relating to for the application are not available against the part of
development applications the approval that represents the concurrence agency’s
response for the code.
Appeals by applicants
Appeals by advice agency submitters
4.1.27.(1) An applicant for a development application
may appeal to the court against any of the following- 4.1.29.(1) An advice agency may, within the limits of
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
under section 3.1.6;1 (b) the advice agency told the applicant and the
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 relevant period; days after the day the decision notice or negotiated
(e) a deemed refusal. decision notice is given to the advice agency as a
(2) An appeal under subsection (1)(a) to (d) must submitter.
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
4.1.28.(1) A submitter for a development application extension of the relevant period for an approval;
may appeal to the court about- (b) a notice giving a decision on a request to make a
(a) the giving of a development approval, including minor change to an approval.
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
(b) the length of a relevant period for the approval. the person.
(2) The appeal must be started within 20 business (3) Subsection (1)(a) does not apply if the
days (the “submitters appeal period”) after the day approval resulted from a development application
the decision notice or negotiated decision notice is (superseded planning scheme) that was assessed as
given to the submitter. if it were an application under a superseded planning
scheme.
(3) If a person withdraws a submission before the
application is decided, the person may not appeal the (4) Also, a person who has made a request
decision. mentioned in subsection (1) may appeal to the court
against a deemed refusal of the request.
(4) If an application involves both impact
assessment and code assessment, appeal rights for (5) An appeal under subsection (4) may be started
submitters are available only for the part of the at any time after the last day the decision on the
application involving impact assessment. matter should have been made.
(5) If an application is processed under section Division 9 - Appeals to court about other matters
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
notification under the repealed Act. 4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
1
Section 3.1.6 (Preliminary approval may override
local planning instrument)
Page 7 of 8
Section 8
2009/134
(b) a notice under section 6.1.442 giving a decision to (d) the length of a period mentioned in section 3.5.21
change or cancel a condition of a development relevant period;
approval. (e) a deemed refusal.
(2) The appeal must be started within 20 (2) An appeal under subsection (1)(a) to (d) must
business days after the day the notice of the decision be started within 20 business days (the “applicant’s
is given to the person. appeal period”) after the day the decision notice or
(3) Also, a person who has made a request negotiated decision notice is given to the applicant.
mentioned in subsection (1)(a) may appeal to the (3) An appeal under subsection (1)(e) may be
court against a deemed refusal of the request. started at any time after the last day a decision on the
(4) An appeal under subsection (3) may be matter should have been made.
started at any time after the last day the decision on The Registrar for the Building and Development
the matter should have been made. Tribunal may be contacted at the website
Appeals against decisions to change approval http://www.localgovernment.qld.gov.au/
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
For Infrastructure Charges Only
decision made on an application to change the 4.1.36 Appeals about particular infrastructure
conditions attached to an approval given under charges
section 2.19(3)or section 4.4 of the repealed Act may (1) This section applies to a person who has been
appeal to the court against- given, and is dissatisfied with, an infrastructure
(a) the decision; or charges notice or a regulated State infrastructure
(b) a deemed refusal of the application. charges notice.
(2) An appeal under subsection (1)(a) must be (2) The person may appeal to the court against the
started within 20 business days after the day notice of notice.
the decision is to be given to the person. (3) The appeal must be started within 20 business
(3) An appeal under subsection (1)(b) may be days after-
started at any time after the last day a decision on the (a) if the notice is given because of a development
matter should have been made. approval or master plan approval-the day the
Appeals against local laws applicant is given notice of the decision about the
approval; or
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions (b) otherwise-the day the notice is given to the
applied under a local law about the use of premises or person.
the erection of a building or other structure permitted (4) An appeal under this section may only be about-
by the planning scheme may appeal to the court (a) whether a charge in the notice is so
against the decision or the conditions applied. unreasonable that no reasonable relevant local
(2) The appeal must be started within 20 business government, State infrastructure provider or
days after the day notice of the decision is given to the coordinating agency could have imposed it; or
applicant. (b) an error in the calculation of the charge.
For Building Works Only (5) To remove any doubt, it is declared that an
Rights of appeal conferred by Section 4.2.9 of the appeal under this section can not be about the
Integrated Planning Act 1997 as follows: methodology used to establish the charge in the
relevant infrastructure charges schedule or regulated
Division 3 – Appeals to tribunals relating to
State infrastructure charges schedule.
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
(c) the decision to give a preliminary approval when a
development permit was applied for;
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)
Page 8 of 8
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