Decision Notice - Approved by Delegation of Authority OPW18 0004 · OPW18/0004

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	OPW18/0004 : JELDER
Your Reference:	n/a
15 March 2018
Pile-It Pty Ltd
PO Box 672
NOOSAVILLE  QLD  4566
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 13 March 2018, Council decided to approve the application, subject to conditions.
Details of the decision are as follows:
application details
Application No:	OPW18/0004
Street address:	11 Dolphin Cres Noosaville Qld 4566
Real property description:	Lot 73 N 10573
Planning Scheme:	The Noosa Plan (3 July 2017)
Decision details
Council decided to issue the following type of approval:
Development Permit for Operational Works - Prescribed Tidal Works (timber jetty)
CURRENCY PERIOD of approval
The currency period for this development approval is 2 years starting the day that this development approval takes effect.
assessment manager conditions
Approved Plans
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
27293-J1	C	Jetty Plan and Details prepared by SCG Consulting Engineers as annotated by Council	October 2017
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.
The block wall and fill indicated on top of the existing revetment wall on the approved plans are not approved as part of this permit.
All structures must have no detrimental effects on stormwater drains and/or easements.
A rigid handrail must be fitted on one side of the walkway.
No posts or vertical supports of the proposed jetty are to extend vertically from the structure unless they provide support for the handrail.
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.
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.
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.
The jetty is to be used for private purposes only with no commercial operations to be undertaken.
Boat repair activities are not permitted on site.
Wastewater and sullage must only be disposed of at approved pumpout facilities.
The mooring facility must not be utilised for live-aboard purposes.
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.
Certification by a Registered Professional Engineer of Queensland that states that the jetty 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 Planning Assessment Section (Development Audit & Response Officer 0428738563) to arrange the inspection.
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.
After completion, the proposed works must be maintained in a sound state of repair in accordance with the approved plans
referral agencies
The referral agencies applicable to this application are:
Referral Status	Referral Agency and Address	Referral Trigger	Response

Concurrence	SARA at DILGP Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/ (for assistance, contact DILGP at 5352 9701 or email:[email protected]	Planning Regulation 2017 Schedule 10, Part 17 – Tidal Works or Works in a Coastal Management District	The agency provided its response on 5 March 2018  (Reference No. 1801-3503 SRA). A copy of the response is attached
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
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.
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.
Council reserves the right to call up any performance bond held or levy charges against the property, should emergency works be required to be undertaken by Council to make the site safe due to inactivity on the development site for extended periods of time.
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 Sustainable Planning Act 2009 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
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).
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 Unit on 07 3247 6212 to discuss any obligations under the ACH Act.
property notes
Not applicable.
VARIATION approval
Not applicable.
further development permits required
Not applicable.
submissions
Not applicable.
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.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,

Mark Lewis
Coordinator - Engineering

Enc:	Appeal Rights
Referral Agency Response
Approved Plans/Documents

cc.	SARA at DILGP
Via MyDAS2 at https://prod2.dev-assess.qld.gov.au/suite/
(for assistance, contact DILGP at 5352 9701 or email [email protected])

	Referral Agency Response PLANNING ACT 2016 & PLANNING REGULATION 2017

<

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(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 –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(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 appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to 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

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
				Page 1 of 13

[Attachment: image10.png (image text)]
“To ensure the development scarred out generaly in accordance withthe plans of development
submitted withthe applestion.

Ensures thatthe coastal resource (State land) is appropriately administered under the Coactal
FFrotection and Management Act 1995 and the Land Act 1994

Ensures impacts on coastal values (water quali) are svoided or minimised.

Ensures importation of materials does not result in adverse impacts on coastal values. Chemical and
ther contaminants have the potential to have an unacceptable impact on coastal values.

Damaged structures can impact on coastal resources and public safety.

Findings on material questions of fact
‘The proposed development is located in tidal waters and is outside a canal
‘+The proposed development is forthe construction ofa private single vessel ety.
“The proposed structure, including any vessel berthed, moored or attached tothe structure:
‘2. will not encroach into, pass over or under a navigation coridor, and
isnot located in a high rik martime development zone.

Evidence or other material on which the findings were based
‘© Development application

‘+ State Development Assessment Provisions published by the Department of State Development,
‘Manufacturing, nfastrucure and Planning

Planning Act 2016
‘© Planning Regulation 2017

Deparment ot State Development, Manuacumng,Intasiuchre and Paming Pagezer2


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ee) NOOSA COUNCIL


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Queensland
‘Soverment
State Development,
Manufacturing,
Infrastructure and Planning

‘Ourreference: 1801-2602 SRA

Yoursfernce: OPWIB)0004

‘eMarch 2018

“The Chief Exeoutve Officer

Noosa Shire Council

PO Box 141

Tewantin Qld 4565

[email protected]

Dear Sir

Referral agency response—with conditions
(Given under seston 66 ofthe Planning Act 2016)

“The development application described below was properly refered to the Department of State
Development, Manufacturing, inrastucture and Planning on 30 January 2018.

Applicant details

‘Applicant name:

Applicant contact deta:

Location details

Pilek Py Lid

PO Box 672
Noosaville QLO 4606
[email protected]

11 Dolphin Grescent, Noosavile

‘Sweet aderess:
Real property description:
Local government area:

Application details

Lot 7a nr0572
Noosa Shire Council

‘Operational work prescribed idal works (imber ety)

Development permit

Referral triggers

‘The development application was refered to the department under the folowing provisions ofthe

Planning Regulation 2017:
© tor7a24
© sorrasa

Page ers

“Tidal works or workin a coastal management ditict
“Tidal works or workin a coastal management ditt

‘un ast Queensara Nor) egona
Nite Anam sutang Level 3, :2Frst
‘Arenue Marae
POBox 2s warechysore QLD 4568


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Conditions:
Under section 5¢(1)(6)) of the Planning Act 2016 (the Act) the conditions set outin Attachment 1 must
be attached to any development approval,

Reasons for decision to impose conditions
“The deparment must provide reasons forthe dacision to impose conditions. These reasons are set out in
Atschment 2

‘Approved plans and specifications
“The department requires thatthe plans and specications set out below and enclosed must be attached
to any development approval

 

 

 

Drawing/report title Prepared by Date Reference no. | Versionvissue
“Aspect of development: Operational work
‘ety Plan and Details | SOG Consuting oan [are Je

Engineers

 

 

 

 

 

 

‘A copy ofthis response has been sent othe applicant for their information,

For further information please contact Tom Kasauskas, Senior Planning Officer, on 5352 0717 or via
‘email [email protected] who willbe pleased to assist.

‘Yours sincerely

 

Garth Nolan
Manager (Pisnning)

ce Plt Ply Lic, [email protected] au
lene Attachment 1~Constions to be imposed

‘ataorment Reasons for decision to mpose condone
‘Approve plans and specications

Deparment State Deveopment Maufacurg, nasi and Plzing Page ors


[Attachment: image5.png (image text)]
 

Condition timing

 

‘Operational work

 

Schedule 10,173.21 ~ Tidal works - The chief exeoutive administanng the Planning Act 2076 naminates
the Director-General ofthe Department of Transport and Main Roads tobe the enforcement authority for
the development to which this development approval relates forthe administration and enforcement of

_any matter relating othe flowing consiton(s)

 

1. _] The development must be carried out ganerally in accordance withthe
‘ollowing plan:
‘+ Jetty Plan and Detals, prepared by SCG Consulting
Engineers, dated Oct 2017, reference 27282-J1, revision C

‘Atallimes

 

"2. | The structure must be Itmarked in sosordance withthe folowing
specications, such that it does not eause a risk othe safe navigation
ofother ships:
‘+ Section 9 of AS4282-1097 Control of the obtrusive efecto of
‘eutcoor lighting.

Beallimes

 

3. _| The construc, operation or maintenance of he structure, and any
ship berthed, moored or attached to the structure, must not
(a) encroach into, pass over or under a navigation corridor or
{() be located in high risk mariime zone.

Beallimes

 

“2. | Any debs or similar obstruction generated whilst undertaking the work
‘must be removed fom the waterway and suitably isposed of atthe
‘Sppicants expense

While works are
cceuring

 

‘S| Alpes andior structures to be demolished, both above and below the
‘waterine must be completely extractedremoved.

rior tothe complaton
ofthe works:

 

“Schedule 10,17 51.1 ~ Tidal works - The chief exeoutive administanng the Planning Act 2076 nominates
the Director-General ofthe Department of Environment and Science to be the enforcement authority for
the development to which tis development approval relates forthe administration and enforcement of

_any matter relating o the folowing condition(s):

 

| The development must be cariad out ganeraly in accordance withthe
‘following plan:

For the duration of

 

‘sett Plan and Details, prepared by SCG Consulting works and io be
Engineers, dated Oct 2017, reference 27282-J1, revision | maintained
7. |The works to which this approval relates are to be fora prvate purpose | At all imes

only.

 

 

‘Any operator and contractor involved in the works to which this
approval relates must:

(@) be provided a copy ofthese referral agency conditions:

(©) instal al measures. plant and equipment necessary to ensure
‘compliance wih te conctions of his approval:

(6) maintain such measures plant and equipment in a proper and
efficient condition: and

 

 

uring construction

 

Deparment State Deveopment Maufacurg, nasi and Plzing

Pagesers

 


[Attachment: image6.png (image text)]
 

(@) operate such measures, plant and equipmentin a proper and)
‘ffciant manner.

 

Forthe tidal works only use materials which are fre from
‘contaminants as defined under sacon 11 of the Environmental
Protection Act 1994

During construction

 

 

‘Should the works become damaged as 2 result of erosion, loading or
Storm tide inundation, the registered landowner(s) ofthe subject land
shall be responsible for the removal ofall debris a their own expense,

 

 

‘Atallimes

 

Deparment State Deveopment Maufacurg, nasi and Plzing

Page sors

 


[Attachment: image7.png (image text)]
[Attachment 2—Reasons for decision to impose conditions
“The reasons for this decision are:

Martime safety

‘+ To-ensure the development is caried out generally in accordance with the plans of development
submited withthe appleation.

‘+ To-ensure that at all times, al ights on or above the development site do not interfere with safe
navigation in surrounding waterways

“+ To-ensure the development does not encroach on the navigation corridor or high risk marime zone
1c ensure the safe passage of vessels.
“To ensure that debris fom the development does not create a hazard to navigation.
“To ensure that thee is no residual material that could creste @ hazard to navigation

‘Coastal protection

‘+ To-ensure the development is caried out generally in accordance with the plans of development
submitted withthe applestion.

‘+ Ensures thatthe coastal resource (State land) is appropriately administered under the Cosctal
FFrotection and Management Act 1995 and the Land Act 1994

Ensures impacts on coastal values (water quali) are svoided or minimised.

Ensures importation of materials does not result in adverse impacts on coastal values. Chemical and

cther contaminants have the potential to have an unacceptable impact on coastal values.

‘+ Damaged structures can impact on coastal resources and public safety.

Findings on material questions of fact
‘+The proposed development is located in tidal waters and is outside a canal
‘+The proposed development is forthe construction ofa private single vessel ety.

‘©The proposed structure, including any vessel berthed, moored or attached tothe structure:
‘2. will not encroach into, pass over or under a navigation coridor, and

isnot located in a high rik martime development zone.

Evidence or other material on which the findings were based
‘© Development application

‘State Development Assessment Provisions published by the Department of State Development,
‘Manufacturing, Infrastructure and Planning

Planning Act 2016
‘© Planning Regulation 2017

Deparment State Deveopment Maufacurg, nasi and Plzing Page sors


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Queensland
‘Soverment

State Development,
Manufacturing,
Infrastructure and Planning
Department of State Development, Manufacturing, Infrastructure and Planning
Statement of reasons for application 1801-3503 SRA
(Given uncer section 86 ofthe Planning Act 2016)

Departmental ole: Referral agency

Applicant details
“Applicant name: Pilek Py Lid
‘Applicant contact details: PO Box 672
Noosaville GLO 4586
[email protected]

Location details

 

‘Street address: 171 Dolphin Crescent, Noosavile
Real property descripon: Lat 73 N10573,
Local government area: Noosa Shire Council
Development details
Development permit ‘Operational work - prescribed tidal works (iber jy)
‘Assessment matters
‘Aspect of development “Applicable codes

requiring code assessment
1. Operational work

 

‘Slate Development Assessment Provisions:
‘+ State code 7: Martie safety
‘State code 8: Coastal development and tidal works

 

 

 

 

Reasons for the department's decision
‘The reasons for the decision are

Martime safety
‘+ To ensure the development is caried out generally in accordance with the plans of development

submited withthe appleation.
‘+ To-ensure that at all times, all ights on or above the development site do not interfere with safe
navigation in surrounding waterways
1+ To-ensure the development does not encroach on the navigation corridor or high risk maritime zone
1c ensure the safe passage of vessels.
“To ensure that debris fom the development does not create a hazard to navigation.
“To ensure that thee is no residual material that could creste @ hazard to navigation

‘Coastal protection

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‘Aree warecnaoe

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