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Delegated Report - Code - Planning MCU23 0134 · MCU23/0134
DEVELOPMENT ASSESSMENT DELEGATED REPORT
Author Coordinator Engineering, Mark Lewis
Development Assessment
APPLICATION DETAILS
Application No. MCU23/0134 & OPW23/0159
Applicant Nicole Nancy Bakaric
Proposal Material Change of Use - Landing – Residential
Operational Works – Prescribed Tidal Works (Pontoon and
Gangway)
Properly Made Date 10 October 2023
Information Request Date 1 November 2023
Information Response Date 18 December 2023
Decision Due Date 2 February 2024
Report Reviewed & Dan Epps 19 January 2024
Finalised By
PROPERTY DETAILS
Property Address 9 Wyuna Dr Noosaville Qld 4566
RP Description Lot 4 N 10575
Land Area 629.0000 m²
Existing Use of Land Residential
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Density Residential
Precinct Not Applicable
Local Plan Area Noosa Heads
Overlays Acid Sulfate Soils, Flood
Assessment Type Code
Document Set ID: 22751593
Version: 5, Version Date: 19/01/2024
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1. PROPOSAL
The application seeks approval for a Material Change of Use - Landing – Residential and
Operational Works – Prescribed Tidal Works (Pontoon and Gangway).
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
Figure 3 – Dimensions Plan
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2. SITE DETAILS
2.1. Background
There is no higher order approval requiring the works.
2.2. Site Description
The site is a low density residential lot within Noosa Sound.
2.3. Surrounding Land Uses
The adjoining site are currently low density residential uses.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
• Low Density Residential Zone Code;
• Noosa Heads Local Plan Code;
• Waterways Works Codes;
The application has been found to generally comply with all applicable statutory instruments.
4. CONSULTATION
4.1. Referral Agencies
The applicant was referred to the following Referral Agencies:
• Department of State Development, Manufacturing, Infrastructure, and Planning (SARA)
The Department has responded on 14 November 2023 advising that they were supportive of the
proposal and included conditions. It was noted by Council that the plan provided by the applicant
in response to Council was a revision of the plan approved by SARA. The applicant subsequently
provided a letter from SARA on 15 December 2023 that stated that the amended plan was
“generally in accordance’ with their original decision.
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Planner
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU23/0134 for a Material Change of Use - Landing - Residential
and OPW23/0159 Operational Works – Prescribed Tidal Works (Pontoon and Gangway) situated
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at 9 Wyuna Dr Noosaville Qld 4566 and described as Lot 4 N 10575, it is recommended the
application be approved in accordance with the following details for the Decision Notice:
1. APPLICATION DETAILS
Application No: MCU23/0134 & OPW23/0159
Street address: 9 Wyuna Dr Noosaville Qld 4566
Real property description: Lot 4 N 10575
Planning Scheme: Noosa Plan 2020 (25 September 2020)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Material Change of Use - Landing – Residential and
• Development Permit for Operational Works – Prescribed Tidal Works (Pontoon and
Gangway)
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
4. ASSESSMENT MANAGER CONDITIONS
Approved Plans
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
TJS-04841-01 E Site Plan and Water Allocation 20 November 2023
prepared by EDGE Consulting
Engineers
TJS-04841-02 E Layout Plan prepared by EDGE 20 November 2023
Consulting Engineers
TJS-04841-03 C Elevation prepared by EDGE 15 November 2023
Consulting Engineers
TJS-04841-04 A Decking Details prepared by EDGE 19 June 2023
Consulting Engineers
TJS-04841-05 A Foam Details; Ally Flat Deck Type 19 June 2023
prepared by EDGE Consulting
Engineers
TJS-04841-07 A Layout Plan with Nearmap Overlay 3 November 2023
prepared by EDGE Consulting
Engineers
Currency Period
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2. The Currency Period for this development approval lapses if all conditions have not been
complied with by 19 January 2026, unless an application to extend the currency period is
approved by Council.
Performance Bond
3. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 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 this 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
4. The maximum number of vessels that may be berthed, moored, attached or stored on the
structure must not exceed 2.
5. The use of the pontoon must not cause any adverse effects on the amenity of the surrounding
areas including changes to light, views, air quality and noise.
6. Vessels berthed/moored at the pontoon must be located a minimum of 3.0 metres from the
prolongation of the property boundaries.
7. Vessels and boatlifting devices must be connected directly to the pontoon, and not located
side by side or in tandem with another vessel.
8. 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.
9. All structures must have no detrimental effects on stormwater drains and/or easements.
10. Rigid handrails must be fitted on the gangway. The handrails must be of an open design and
in accordance with the approved plans.
11. No boatlifting devices are to be attached or moored at the pontoon structure for the purpose
of elevating a vessel above the water without Council approval.
12. 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.
13. 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.
14. The pontoon is to be used for private purposes only with no commercial operations to be
undertaken.
15. Boat repair activities are not permitted on site.
16. Wastewater and sullage must only be disposed of at approved pumpout facilities.
17. The mooring facility must not be utilised for live-aboard purposes.
18. 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.
19. Certification by a Registered Professional Engineer of Queensland that states that the
gangway, pontoon and mooring pile are constructed in accordance with best practice
methods and are 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.
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20. 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.
21. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans.
5. REFERRAL AGENCIES
The referral agencies applicable to this application are:
Referral Status Referral Agency and Referral Trigger Response
Address
Concurrence Department of State Schedule 10, Part 17, The agency provided its
Development, Division 1 – Tidal Works response on 13
Manufacturing, or November 2023
Infrastructure, and (Reference No. 2311-
work in a Coastal
Planning (SARA) 37725 SRA).
Management District
SARA – SEQ North A subsequent GIA
Region Office response was provided
(07) 5352 9701 or on 15 December 2023.
email: Copies of the
SEQNorthSARA@dilgp responses are attached
.qld.gov.au
6. 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
1. 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
2. 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.
3. 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.
4. 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.
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5. 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
6. 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.
7. PROPERTY NOTES
Not applicable.
8. VARIATION APPROVAL DETAILS
Not applicable.
9. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
10. SUBMISSIONS
Not applicable.
11. 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.
12. 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.
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