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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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Page 2

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

Page 3

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

Page 4

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.




RG Strategic                         Town Planning Report – OPW Application                           2

Page 5

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

Page 6

                                           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



RG Strategic                           Town Planning Report – OPW Application                   4

Page 7

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

Page 8

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

Page 9

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

Page 10

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

Page 11

  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

Page 12

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

Page 13

         ‘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

Page 14

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

Page 15

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