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Minor Change - Planning Report
Town Planning Report Request for a Minor Change to the Conditions specified within Decision Notice OPW16/0011 (Boat Lifting Device) 18 Topsails Place, NOOSAVILLE QLD 4566 Lot 497 on RP880345 John and Michelle Signal
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Table of Contents
Important Note 1
1. Development Intent 2
2. Background 3
2.1 Site Location 3
2.2 Surrounding Development 5
3. Proposed Boat Lifting Device 6
4. Proposed Change to Conditions 7
4.1 Condition 1 7
4.2 Proposed Change to Condition 1 7
5. Planning Assessment 8
5.1 Development Codes 8
5.2 Minor Change 10
6. Conclusions 12
List of Figures
Figure 1: Extract of Approved Pneumatic Boat Storage Device Plan 3
Figure 2: Site Location 4
Figure 3: Proposed Location of New Boat Lifting Device 4
Figure 4: Example of Sea Pen – Boat Lifting (Storage) Device 6
Figure 5: Photograph of Approved Pneumatic Boat Storage Device 6
RG Strategic Town Planning Report – Minor Change Application a
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted under
the Copyright Act, no part of this report, its attachments or appendices may be reproduced by any
process without the written consent of RG Strategic. All enquiries should be directed to RG Strategic.
We have prepared this report for John and Michelle Signal (“Client”) for the specific purpose of
demonstrating the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”). This report is
strictly limited to the purpose and the facts and matters stated in it and does not apply directly or indirectly
and will not be used for any other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information and
documents provided to us by the Client or as a result of a specific request or enquiry were complete,
accurate and up to date. Where we have obtained information from a government register or database,
we have assumed that the information is accurate. Where an assumption has been made, we have not
made any independent investigations with respect to the matters the subject of that assumption. We are
not aware of any reason why any of the assumptions are incorrect.
This report is presented without the assumption of a duty of care to any other person (other than the Client)
(“Third Party”). The report may not contain sufficient information for the purposes of a Third Party or for
other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim arising
out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions, or subject matter contained in
this report.
If a Third Party uses or relies on the facts, content, opinions, or subject matter contained in this report with
or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party assumes all risk
and releases and indemnifies and agrees to keep indemnified RG Strategic from any loss, damage, claim,
or liability arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of profits,
damage to property, injury to any person (including death) costs and expenses incurred in taking measures
to prevent, mitigate or rectify any harm, loss of opportunity, legal costs, compensation, interest and any
other direct, indirect, consequential, or financial or other loss.
RG Strategic Town Planning Report – OPW Application 1
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1. Development Intent
John and Michelle Signal (the applicant) are seeking an alternative boat lifting device for their property
located at 18 Topsails Place, NOOSAVILLE QLD 4566 (subject site), and is formally described as Lot 497 on
RP880345. The subject site is located within the Noosa Waters Estate and Low Density Residential Zone
of the Noosaville locality.
The purpose of this report is to seek approval for a Minor Change to the Conditions contained within the
Decision Notice OPW16/0011 issued by Noosa Council on the 26th February 2016.
This planning report provides greater detail of the nature of the proposal, describes the site characteristics
and surrounding land uses, and provides a statutory assessment against the intents and code
requirements of the Noosa Plan 2020. These matters are set out in;
• Proposed development intent;
• Description of the characteristics of site and surrounds;
• Proposed development details;
• An assessment of the proposal against the State planning interests;
• An assessment of the proposal against the SEQ Regional Plan;
• An assessment of the proposal against the Noosa Plan 2020; and
• A conclusion that summarises the grounds which support the proposed development.
This report should be read in conjunction with the accompanying covering letter, DA Form 5 and Proposed
Plan (Appendix A).
The proposed boat lifting device is appropriate and is not anticipated to impact upon the amenity of the
locality. Council’s approval of the application is therefore sought, subject to relevant and reasonable
conditions.
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2. Background On 26th February 2016 Noosa Council issued a Decision Notice approving a Pneumatic Boat Storage Device at the subject site (OPW16/0011). Figure 1 below is an extract from the plans illustrating the approved arrangement of the boat lifting device. Figure 1: Extract of Approved Pneumatic Boat Storage Device Plan Source: Noosa Council OPW16/0011 The applicant seeks approval for an alternative boat lifting device to be fitted to the existing jetty at the approved location. The proposed new boat lifting device, known as a Sea Pen, is similar in scale to the previously approved Pneumatic Boat Storage Device. The proposed Sea Pen does not impact upon vessels and craft travelling within the Noosa Waters Estate canal, nor restrict access for vessels which are moored at the neighbouring properties. The location of the proposed Sea Pen permits the safe storage of watercraft and does not encroach upon the canal’s navigation corridor. 2.1 Site Location The subject site is located at 18 Topsail Place, Noosaville 4566 and is within the Noosa Waters Estate (Figure 2). As demonstrated in the below aerial photograph, the majority of properties within Noosa Waters each possess a jetty and, in most instances, a boat lifting device. RG Strategic Town Planning Report – OPW Application 3
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Subject Site
Topsails Place
Figure 2: Site Location
Source: NearMaps
The proposed Sea Pen (Boat Lifting Device) does not interfere with the vessels or watercraft operating
within the Noosa Waters Estate watercourse as the Sea Pen does not protrude any further into the canal
than the existing jetty. Similarly, the new boat lift device does not interfere or impede access to the
adjoining properties’ jetties and demonstrated in Figure 3 below.
Proposed Sea Pen Location
Figure 3: Proposed Location of New Boat Lifting Device
Source: NearMaps
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2.2 Surrounding Development Several private boat lifting devices of various configurations exist within proximity to the subject site as demonstrated in Figures 2-3. These boat storage devices are of a similar, if not larger, configuration than the Sea Pen proposed for the existing approved jetty at the subject site. The aerial photographs demonstrate that the proposed new boat lifting device is consistent with the amenity and character of the development within the canal estate. RG Strategic Town Planning Report – OPW Application 5
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3. Proposed Boat Lifting Device
The proposed Boat Lifting Device (Sea Pen) will attach to the existing jetty. The Sea Pen is a low-profile
boat storage device which provides dry mooring of marine craft at water level. Refer to Figure 4 for an
example of the proposed Sea Pen. The low-profile and minimal design of the Sea Pen provides a high level
of amenity with no adverse effects on the surrounding properties.
Figure 4: Example of Sea Pen – Boat Lifting (Storage) Device
Source: Dock Pro Australia
As illustrated in the reference photograph above (Figure 5), the proposed alternative boat lifting device
presents an enhanced visual and amenity outcome in comparison to the approved pneumatic boat
storage device (OPW16/0011) pictured in Figure 5 below. The proposed Sea Pen does not impact upon
vessels and craft travelling within the Noosa Waters canal, nor restrict access for vessels which are moored
at the neighbouring properties.
Boat lifting device now
removed (not part of
this application)
Approved pneumatic
boat storage device
(OPW16/0011)
Figure 5: Photograph of Approved Pneumatic Boat Storage Device
Source: John Signal
RG Strategic Town Planning Report – OPW Application 6
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4. Proposed Change to Conditions
The following Minor Change to the Conditions contained within the Decision Notice (OPW16/0011) is
proposed to permit an alternative boat lifting device to be fitted to the existing jetty. The Condition which
is affected by the proposed change is Condition 1.
4.1 Condition 1
Condition 1 reads as:
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
208014EX B Extension, Ez-Port 4 PWC Dock Extension 27 April 2004
Section prepared by Ez Dock
26010-J1 A Jetty Plan and Details prepared by SCG January 2016
Consulting Engineers as annotated by Council
4.2 Proposed Change to Condition 1
Change Condition 1 to read:
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are titled and/or numbered as
per the following, and as may be amended by these conditions:
Plan No. Rev. Plan/Document Name Date
A01 - Proposed Boat Lifting Device, prepared by 4 May 2022
DockPro
RG Strategic Town Planning Report – OPW Application 7
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5. Planning Assessment
The proposed Minor Change can be supported on a number of grounds as detailed below:
• The proposal can be defined as a Minor Change to Approval in accordance with Schedule 1 of
the Planning Act 2016,
• The proposal is consistent with the outcomes sought by the Noosa Plan 2020, and
• The proposal is consistent within the intent of the Decision Notice OPW16/0011.
5.1 Development Codes
The subject site is zoned as Low Density Residential within the Noosaville Locality as prescribed within the
Noosa Plan 2020. As the subject site is located within the Noosa Waters Estate watercourse, the proposed
Sea Pen (Minor Change) is to be assessed against the assessment benchmarks within the Waterways
Works Code.
Waterways Works Code
The following is an assessment of the proposed boat lifting device against the requirements of the
Waterways Works Code. Assessment of the proposed boat lifting device has been limited to the relevant
Performance and Acceptable Outcomes contained within the Code; specifically, Table 9.4.9.3 - Boat lifting
devices.
Table 9.4.9.3 - Boat lifting devices
Performance Outcomes Acceptable Outcomes Applicant’s Response
Boat lifting devices within Noosa Waters Estate waterways
PO21 AO21.1 Complies
Boat lifting devices are Boat lifting devices are only The proposed Sea Pen is located
only constructed in the located in conjunction with an in conjunction with an existing
absence of a boat ramp approved jetty where— jetty.
and are designed and
a) the boat lifting device does a) The Sea Pen is 10 metres in
located to—
not extend into the length, so is the existing jetty.
a) ensure that waterway beyond the end The Sea Pen does not extend
unacceptable risks of the approved jetty; further into the waterway
to personal and than the existing jetty.
b) the boat lifting device is no
public safety are
greater than 4 metres in b) The Sea Pen is 4 metres in
unlikely to be
width or for a jetty hoist, 2 width.
caused;
metres in width;
c) The Sea Pen is located
b) avoid cluttering of
c) the boat lifting device is adjacent to the existing jetty
the waterway;
located adjacent the walkway and it perpendicular
c) ensure that visual walkway to the jetty and is to the revetment wall.
amenity of the generally perpendicular to
d) The Sea Pen will be no higher
foreshore and the revetment wall;
than the top of the revetment
waterway is
d) the highest part of the boat wall under normal conditions.
maintained
lifting device is no higher Refer to Appendix A
including—
than the top of the Proposed Plan. The height of
d) avoiding bulky or revetment wall under normal the Sea Pen above the water
large structures; and canal water level conditions; line is approximately 0.225
RG Strategic Town Planning Report – OPW Application 8
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e) minimising structures e) the boat lifting device is not metres.
above the water located on the jetty head;
e) The Sea Pen is not located at
level; and
the head of the existing jetty.
f) ensure the structural f) the outermost projection of
f) The Sea Pen is setback 1.9
integrity of the works any boatlifting device is
metres from the closest
is maintained and setback a minimum of 1
property boundary.
not compromised; metre from the prolongation
and of the boundaries.
g) avoid a secondary
AO21.2 Complies
boat lifting device
(floating dock) that Only one primary boat lifting The proposal consists of one
exceeds 8m². device and one secondary small primary boat lifting device.
device (floating dock) per jetty.
The small secondary floating
dock is no greater than 8m² and
purpose designed for personal
watercraft such as jet skis,
kayaks, paddleboards etc.
AO21.3 Not Applicable
A shared jetty contains only one The existing jetty is for the sole
boat lifting device on either side use of 18 Topsails Place and is not
of the jetty. shared.
AO21.4 Complies
The structure may be securely The Sea Pen will be securely
attached, excluding roped, attached to the existing Jetty in a
chains and straps, to an existing similar method to the approved
jetty where a structural Pneumatic Boat Storage Device
engineer's report for the design (OPW16/0011). The design of the
is provided certifying that the Sea Pen is comparable to Figure
jetty is structurally capable of 9.4.9.3L - Floating Pontoon as it is
supporting the boat lifting a low-profile boat storage device
device. which provides dry mooring of
marine craft at water level.
(Refer to Figures 9.4.9.3H –
9.4.9.3J for examples of boat
lifting devices).
AO21.5 Not Applicable
For twin jetty structures with The existing jetty is a single jetty.
central boat lifting devices-
a) are only permitted in the
absence of any jetties;
b) the structure does not
exceed 10 metres in length;
c) the structure does not
exceed 7 metres in width;
and
d) each jetty is a maximum of
1.5 metre wide.
The proposed boat lifting device complies with the relevant Performance and Acceptable Outcomes
prescribed within the Waterways Works Code. The proposed Sea Pen does not adversely impact upon
the function of the existing jetty, nor the use of the jetties located adjacent to the subject site.
RG Strategic Town Planning Report – OPW Application 9
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The Sea Pen presents an improved visual and amenity outcome in comparison to the approved pneumatic
boat storage device (OPW16/0011) pictured in Figure 5 above.
5.2 Minor Change
In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -
(b) for a development approval—
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made when the
change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no referral
agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency, in assessing the application under section 55(2), to assess the
application against, or have regard to, a matter, other than a matter the referral agency
must have assessed the application against, or had regard to, when the application was
made; or
(E) public notification if public notification was not required for the development
application.
In respect of whether the change results in a ‘substantially different’ development, assessment against
Schedule 1: Substantially Different Development Guideline contained within the Development Assessment
Rules, is provided in Table 1 below:
Table 1: Substantially Different Development Guideline
‘Substantially different’
Comment
development
Involves a new use No new uses are proposed.
Results in the application applying No new land is applied over as part of this change
to a new parcel of land
application.
Dramatically changes the built form As demonstrated within the Proposed Plan included within
in terms of scale, bulk, and
Appendix A the proposed Sea Pen presents an improved
appearance
visual and amenity outcome in comparison to the approved
pneumatic boat storage device (OPW16/0011).
Changes the ability of the proposal to The redesign does not alter the use as intended.
operate as intended
Removes a component that is integral The proposed minor change will not alter the operation of the
to the operation of the development
development.
RG Strategic Town Planning Report – OPW Application 10
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‘Substantially different’
Comment
development
Significantly impacts on traffic flow and No impacts will be as a result of the proposed Minor Change
the transport network, such as
application.
increasing traffic to the site
Introduces new impacts or increases The new boat lifting device presents no new impacts, nor
the severity of known impacts
increases any potential existing impacts.
Removes an incentive or offset The change represents an enhanced change to the overall
component that would have balanced
appearance of the existing approved boat storage device.
a negative impact of the development
No incentive or offset component will be impacted as a result
of the proposed Minor Change.
Impacts on infrastructure provisions The proposed Minor Change will not impact upon any
infrastructure network.
RG Strategic Town Planning Report – OPW Application 11
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6. Conclusions
The applicant, John and Michelle Signal, seek approval for an alternative boat lifting device to be fitted
to the existing jetty at 18 Topsails Place, Noosaville 4566. The proposed Minor Change to the Conditions
Contained within the Decision Notice OPW16/0011 is consistent with the intent of the original approval.
This report demonstrates that the proposed development is permitted pursuant to the provisions of the
Planning Act 2016 and the Noosa Plan 2020, and the proposed boat lifting device can be supported on
several grounds, including:
• The development application has been made in accordance with the requirements of both
the Planning Act 2016 and Development Assessment Rules 2017;
• The proposal is consistent with the Noosa Plan 2020 and the relevant Performance and
Acceptable Outcomes contained within the Waterways Works Code;
• The proposed Sea Pen will be secured to the existing jetty at the location previously approved
for a Pneumatic Boat Storage Device (OPW16/0011);
• The low-profile and minimal design of the Sea Pen provides a high level of amenity with no
adverse effects on the surrounding properties. Additionally, the Sea Pen presents an improved
visual and amenity outcome in comparison to the approved pneumatic boat storage device;
and
• The proposed Boat Lifting Device does not impact upon vessels and craft travelling within the
Noosa Waters Estate canal, nor restrict access for vessels which are moored at the
neighbouring properties.
On the basis of the above assessment, it is recommended that Noosa Council favourably consider the
Request for a Minor Change subject to reasonable and relevant conditions.
RG Strategic Town Planning Report – OPW Application 12
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