Decision Notice - Approved by Delegation of Authority MCU21 0037 · MCU21/0037

Officer: 	Mark Lewis
Direct Telephone: 	07 53296290
Our Reference:	MCU21/0037 & OPW21/0062
Your Reference:	.
30 September 2021
JA Drake, CA Drake
41 Charteris Street
PADDINGTON  QLD  4006

[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 27 September 2021, Council decided to approve the application  subject to conditions.
Details of the decision are as follows:
application details
Application No:	MCU21/0037 & OPW21/0062
Street address:	15 Noosa River Dr Noosa North Shore Qld 4565
Real property description:	Lot 8 RP 47488
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Landing
Development Permit for Operational Works – Jetty
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
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
20.001-004 S01	C2	Drawing Schedule & Transmittal prepared by Long View Consulting Engineers	20 October 2020
20.001-004 S02	C2	Structural Notes Sheet prepared by Long View Consulting Engineers	20 October 2020
20.001-004 S03	C3	Site Plan, Framing Plan, Elevations prepared by Long View Consulting Engineers	19 April 2021
20.001-004 S04	C2	Jetty Framing Details prepared by Long View Consulting Engineers	20 October 2020
Currency Period
The Currency Period for this development approval lapses if all conditions have not been complied with, and the plan of survey lodged with Council for endorsement by 27 September 2023, unless an application to extend the currency period is approved by Council.
Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $1500 must be submitted to Council, to secure performance of all conditions of this approval, prior to the commencement of the works. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
General Conditions
The maximum number of vessels that may be berthed, moored, attached or stored on the structure(s) must not exceed 2.
The use of the jetty must not cause any adverse effects on the amenity of the surrounding area including changes to light, views, air quality and noise.
Vessels berthed/moored at the jetty must be located a minimum of 1.0m from the prolongation of the southern property boundary of 17 Noosa River Dr (Lot 8 on RP47488) and the northern property boundary of 13 Noosa River Dr (Lot 7 on RP47488).
Vessels must be connected directly to the jetty, and not located side by side or in tandem with another vessel.
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
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 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 property boundary 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 Development Assessment Branch on 5329 6500 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 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 23 August 2021  (Reference No. 2107-23677 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:
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 to discuss any obligations under the ACH Act.
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 Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees.
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
property notes
Not applicable.
VARIATION approval details
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.	[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 17

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Development Assessment Rules—Representations about a
referral agency response

“The folowing provisions are those set out in sections 28 and 30 ofthe Development Assessment Rules?
regarding representations about a referral agency response

 

Part 6: Changes to the appl
responses

n and referral agency

 

28 Concurrence agency changes its response or gives a late response

28.1. Despite part 2, a concurrence agency may, after its referral agency assessment period and any
further period agreed ends, change its referral agency response or give a late referral agency
response before the application is decided, subject to section 28.2 and 28.3.

28.2. A concurrence agency may change its referral agency response at any time before the application
is decided it
(2) the change isin response toa change which the assessment manager is satisfied isa change

under section 28.1; or
(®) the Minister has given the concurrence agency a direction under section 99 of the Act; or
(¢)_ the applicant has given written agreement to the change tothe referral agency response

28.3. A concurrence agency may give. late referral agency response before the application is decided,
ifthe applicant has given written agreement to the late referral agency response.
284. fa concurrence agency proposes to change its referral agency response under section 28.2(a),
the concurence ageney must—
(2) give notice ofits intention to change its referal agency response tothe assessment manager
{and a copy tothe applicant within 5 days of receiving notice ofthe change under section 25.1;
and
(®) the concurrence agency has 10 days ftom the day of giving notice under paragraph (a), ora
{urther period agreed between the applicant and the concurrence agency, to ive an amended
referral agency response to the assessment manager and a copy tothe applicant

4 Pursuant to Section 68 ofthe Planning Act 2016

2 In the instance an applicant has made representations to the concurrence agency under section 30,
‘and the concurrence agency agrees to make the change inluded in the representations, section
28.2() is taken to have been satisfied


[Attachment: image13.png (image text)]
Part 7: Miscellaneous

30 Representations about a referral agency response

30.1. An applicant may make representations to @ concurrence agency at any time before the application
Js decided, about changing a matter inthe referral agency response?

> An applicant may elect, under section 22, to stop the assessment manager's decision period in which
to take this action. if a concurrence agency wishes to amend ther response in relaton to
representations made under this section, they must do so in accordance with section 28,


[Attachment: image14.png (image text)]
ee) NOOSA COUNCIL


[Attachment: image3.png (image text)]
?

Queensland

 

SARA reference: 2107-22877 SRA
Councl reference: MCU21I0037 & OPW210082

23 August 2021
Chief Executive Offcer
Noosa Shire Counc
POBox 141

“Tewantin Olé 4566
rmaii@noosa qld gov.au

‘Atention: Mark Lewis

esr Mr Mark Lewis

SARA response—15 Noosa River Drive, Noosa North Shore
(Referal agency response given under section £8 of the Planing Act 2016)

“The development application desorbed below was confirmed as property referred by the State
‘Assessment and Referral Agency (SARA) on 19 July 2021,

Response

‘Outcome: ‘Referal agenoy response with condons.

Date of response: 23 August 2021

Conditions: “The conions in Attachment 1 must be attached to any
development approval

Aebvice: ‘Adve tothe applicant isin Attachment 2.

Reasons: “The reasons forthe referal agency response are in Atachment 3

Development details

Desorption Development permit Operational work for resorbed Sal

works (et)
SARA roe: RReferal Agenoy.
‘SARA tigger ‘Schedule 10, Part 17. Division 3, Table 1, tem 1 ~ Tidal works oF

‘workin coastal management cistict (Planning Regulation 2017)

‘Schedule 10, Part 17, Division 3, Table 2, tem 1 ~ Tidal works or
‘workin coastal management cistict (Planning Regulaton 2047)

Sp Eat amen a agen

Nuns ae Bung Level 3.2 Ft
vee uscoayr
Page ors Pte veecyaee LD 2


[Attachment: image4.png (image text)]
‘SARA reference: 12107-23677 SRA
‘Agsessment Manager "Noosa Shire Coun!

‘Street address: 18 Noosa River Drive, Noosa North Shore
Real property description: Lot 8 on R748

‘Applicant name: Julian and Chelsey Drake

‘Applicant contac detais: 43 Raff Avenue

Holland Park GLO 4121
paul [email protected] au

Representations

“Ra applicant may make represeriatons toa SoncurTence agency, atany tne belore the applications _
Gecided, about changing a matter inthe referal agency response (5.30 Development Assessment Rules)
Copies of the relevant provisions are in Attachment 4

‘Acopy ofthis response hasbeen ert othe applicant forte infomation.
For futher infomaton peste contac Jarod Cie, Fanring Ofer on (07) 3482 749 or vis emi
SEONoenSARA@Escgp. od. gov au whe willbe pleased to ast
Your sincerely

7

Joe

Le
a

Garth Nolan
Manager (Planning)

c= Jian and Chelsey rate, paul prenzier@omtrek com au

ene Atachmant 1 -Referal aganey contions
‘Atachmant2 aves tothe appicant
‘ataohmant 3 - Reasons ‘or rears! agency response
‘Ataciment 4 Representations provsions
‘Atachment 5 - Approved plans and specications

‘sate Accent and Rater! Agency Pagezers


[Attachment: image5.png (image text)]
Attachment 1—Referral agency conditions
(Tider secon S8( TVX) of he Planing Act 2076 te Toowing conations Ras be Sached Wo any GvSoRTEAL

‘spproalelsing to this sppcaton) (Copies ofthe plans and specications referenced below ae found st
‘Ataorment 6).

 

We.

‘Conditions

“Condition timing

 

‘Development permit for operational work

 

‘Schedule 10, Part 17, Diision 3 Table 1, em 1 — Tidal works or work within a coastal management
Gstict—The chisf exeoutve administering the Planning Act 2016 nominate the Director-General of
{the Department of Environment and Science fo be the anforoament authoiy for

wich
womhe

this development approval eltes forthe administration and enforcement
allowing conations:

the development ©
of any matter relating

 

“The construction ofthe jetty must be undertaken generaly in
accordance withthe following plans:

‘© Ste Plan Framing Pan, Elevations, prepared by Long View
CConsuling Engineers Ply Lid, dated 20/10/2020, Drawing
[Number 503, Revision C2

For the duration oF
works

 

“The works to which his approval relates are to be fora private purpose
ony.

Brailes,

 

"Any operaior and contracior invoved in the works to which ths

‘approval relates must

12). be provided a copy ofthese referral agency conditions:

') install al measures, plant and equipment necessary to ensure
‘compliance with the conditone ofthis spprova

(9) maintain such measures, plant and equipment in 2 proper and
‘ffcient condtion: and

4) oper Sieh measures, plant and equipment m 2 proper and

During construction.

 

‘For the proposed works only use materials which are fea rom
‘contaminants a defined under secton 11 of he Environmental
Protection Aet 1994

During construction.

 

‘Should the works become damaged asa result of erosion, feoding or
‘Storm tide inundation, the registered Iandowmer(s) ofthe subject land
{shal bs responsible forthe removal of all dais at thei own expense,

Brailes,

 

‘Schedule 10, Par 17, Dwision 3 Table 2, em 1 — Tidal works or work within a coastal management
Gstvict—The chief excoutve administering the Planning Act 2016 nominates the Director-General of
{the Department of Transport and Nain Roads to be the enforcement autnorty forthe development

wich
womhe

this development approval relates forthe administration and enforcement:
allowing conations:

of any matter relating

 

os

“The development must be cared out generally in accordance wih |
the folowing plan:
‘+ Ste Plan Framing Pian, Elevations, prepared by Long View
‘Consulting Engineers Ply Lid, dated 20/10/2020, Drawing
[Number $03, Revision C2.

Brailes,

 

“The sructure mustbe imarked in aocordancs with the folowing
specications, such that does not cause a nsk to the safe
‘avgation of other ships:

‘Section 3 of AS4282-1097 Conta of the obtrusive efecto of outdoor
lighting.

Brailes,

 

 

“The construction, operation or maintenance ofthe structure, and
any ship berted, moored of attached tothe structure, must not

 

Brailes,

 

 

‘sate Accent and Rater! Agency

Pagesers

 


[Attachment: image6.png (image text)]
 

(@) encroach inte, pass over or under a navigation coridor oF
{(b) be located in high isk marie zone.

 

"Any debris or similar obstruction generated whist undertaking the

While works are

 

 

work must be removed from the waterway and suitably disposed of | occuring
tthe applicants expense.

70. | Allples andor stucture w be demolished both above and below | Priortothe completion
the waterine must be completely exractediemoved. ofthe works.

 

 

 

‘sate Accent and Rater! Agency

Pagesers

 


[Attachment: image7.png (image text)]
Attachment 2—Advice to the applicant

 

 

General advice
“Terms and phrases used inthis document are dafinad in the Planning Act 2076 fe regulation or
the State Development Assessment Provisions (SDAP) V2.6] fa word remains undefined it
has its ordinary meaning.

 

 

‘sate Accent and Rater! Agency Pagesers


[Attachment: image8.png (image text)]
Attachment 3—Reasons for referral agency response
(Gwen under secon £07) of te Panning ACT 2016)

“The reasons for the department's decision are:

‘+The appioaton is fora development permit for operational work to allow forthe extension of an
‘existing private single vessel ety acjacent to 15 Noosa River Drive, Noosa North Shore, which is
located adjacent tothe Noosa River.

‘©The sites mapped as being in the coastal management dist and within an erosion prone area,

‘The proposed structure, including any vessel berthed, moored or attached tothe stucture:

‘© wil not encroach into, pass over or under a navigation corridor and
(©. Is ot located ina high isk marime development zone,

1+ The proposed structure mects the FartTrack5 qualifying ortria checklist 4

‘+The development has been assessed against State code &: Coastal evelopment and tdal works
(State code 8) ofthe State development Assessment Provisions (SDAP). version 26.

“+ SARA nds the development complies with State code 8, subject to conditions to ensure:

‘© the developments caried cut generalyn accordance withthe plans of development
‘submitted with the application

(© the development avoids or minimises adverse impacts on coastal resources and their values

‘© the development wil be removed by the applicant ift becomes damaged.

Material used in the assessment ofthe application:

“The development application material and submited plans
Planning Act 2016

Planning Regulation 2017

“The State Development Assessment Provisions (version [2 6), 2s published by the department
“The Development Assessment Rules

[SARA DA Mapping system

‘State Planning Policy mapping system

cate Accesenent ana Rate! agency Pagesors