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Delegated Report - Code - Planning MCU21 0127 · MCU21/0127
Author Development Engineer, Diogo Carrico Development Assessment APPLICATION DETAILS Application No. MCU21/0127 & OPW21/0217 Applicant Pile-It Pty Ltd Proposal Material Change of Use and Operational Works – Landing – Residential Properly Made Date 28 July 2021 Information Request Date Not Applicable Information Response Date Not Applicable Decision Due Date 16 September 2021 Report Completed Date 8 September 2021 Report Reviewed By Laurie Schreck PROPERTY DETAILS Property Address 20 Masthead Qy Noosaville Qld 4566 RP Description Lot 624 RP 883863 Land Area 904 m² Existing Use of Land Residential STATUTORY DETAILS SEQRP Designation Urban Footprint Zone Low Density Residential Precinct Not Applicable Local Plan Area Not Applicable Overlays Acid Sulphates; Flood (minor) Assessment Type Code PROPOSAL The application seeks approval for a Material Change of Use and Operational Works – Landing – Residential. The locality and proposal plan are included below. Figure 1 – Site Plan site details Background Applicant seeks to build a jetty to the subject property. This application has been assessed against the Waterways Works Code and complies in all aspects. Site Description Surrounding Land Uses assessment 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. Noosa Plan 2020 The following codes from the Noosa Plan 2020 are applicable to this development: Waterways Works Codes. cONSULTATION Referral Agencies Not Applicable Internal Council Referrals The application was forwarded to the following internal Council officers for review and/or comment: Planner 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 MCU21/0127 OPW21/0217 for a Material Change of Use and Operational Works – Landing – Residential situated at 20 Masthead Qy Noosaville Qld 4566 and described as Lot 624 RP 883863, it is recommended the application be approved in accordance with the following details for the Decision Notice: application details Application No: MCU21/0127 Street address: 20 Masthead Qy Noosaville Qld 4566 Real property description: Lot 624 RP 883863 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 and Operational Works – Landing – Residential 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 S01 C1 “Drawing Schedule & Transmittal” Prepared by Long View Consulting Engineers 14/06/2021 S02 C1 “Structural Notes Sheet” Prepared by Long View Consulting Engineers 14/06/2021 S03 C1 “Site Plan, Framing Plan, Elevations” Prepared by Long View Consulting Engineers 14/06/2021 S04 C1 “Jetty Framing Details” Prepared by Long View Consulting Engineers 14/06/2021 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 10 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 $1,500 must be submitted to Council, to secure the performance of all the 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 the 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 property boundaries. Vessels and boatlifting devices 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. Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the top of the revetment wall. 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 necessary 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. Rock scour protection, wrapped in geotextile, extends from 750mm up to approximately 5000mm from the face of the revetment wall in Noosa Waters. Piles are to be: Located clear of this rock protection where applicable, or alternatively Where the scour protection extends beyond 750mm: Prior to driving piles, the rocks are to be removed to expose the geotextile and the geotextile cut neatly to allow it to be turned back. During pile driving, care is to be taken to ensure the geotextile is not damaged. At the completion of pile driving, the fabric is to be turned down around the pile and the rocks replaced around the piles 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 6245 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 Not applicable. 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 Planning Act 2016 must be made. Amended plans clearly indicating the changes must be lodged with this application along with the appropriate fees. 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. 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