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Delegated Report Request to change development approval OPW12 0139 01 - 1032383 [As Published] · OPW12/0139.01

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                                                           DELEGATED REPORT
                                                       ENGINEERING AND ENVIRONMENTAL ASSESSMENT


                                       REQUEST TO CHANGE DEVELOPMENT APPROVAL

              Application No:           OPW12/0139.01

              Author:                   Mark Lewis

              Project Director:         Mark Lewis - Senior Engineering Officer


             SUMMARY:

              APPLICATION DETAILS
              Application Number:                OPW12/0139.01
              Applicant:                         Noosa Group Pty Ltd
              Request Received Date:             27 August 2014
              Original Approval Type:            Development Permit for Operational Works (Prescribed
                                                 Tidal Works – Jetties, Piles and Pontoons)
              Number of Submissions          for Not applicable
              Original Application:

              PROPERTY DETAILS
              Division:
              Property Address:                   Jetty 186 Gympie Tce NOOSAVILLE QLD 4566
              RP Description:                     Lot 162 CP 907407
              Land Area:                          1210.0000 Square Metres
              Existing Use of Land:               Commercial Jetty


              STATUTORY DETAILS
              SEQRP Designation:
              Planning Scheme:                    The Noosa Plan (16 September 2013)
              Strategic Plan Designation:
              Planning Locality:                  No planning area defined
              Planning Zone:
              Assessment Type:                    Change to Approval

             PROPOSAL:
             Development Permit for Operational Works (Prescribed Tidal Works – Jetties, Piles and Pontoons)


             BACKGROUND:

             A Development Permit was issued on 22 October 2012 and took effect on 19 November 2012.




Document SetFM1517s/4-22/06/2013
               ID: 19819152
Version: 1, Version Date: 03/11/2014
Full text of the other 3 pages

Page 2

             STATUTORY PROCESS:

             The applicant has requested to make a change to a development approval under s369 of the
             Sustainable Planning Act 2009. A request to change a development approval under s369 can only
             be made in circumstances where that change would constitute a ‘permissible change’.

             The proposed change to the development approval requested by the applicant is determined to
             constitute a permissible change on grounds that:
              The change would not result in a substantially different development
              The change would not require the application to be referred to additional concurrence
                agencies;
              The original application was code assessable and the change would not cause the application
                to become impact assessable

             On this basis, the applicant has followed lawful process in making a request under s369 of the Act.


             ASSESSMENT:
             Request Made By Applicant
             The applicant has requested to change 2 conditions of the approval. The changes are minor and
             do not affect the overall development. The original request included signage on the proposed
             “Jetty Tee Head” but the applicant in an email dated 29/8/2014 removed the signage component.

             Assessment of Request
             Condition 4
             No posts or vertical supports of the proposed jetty are to extend vertically from the structure unless
             they provide support for the handrail

             Applicant’s Request
             As this marina facility is primarily focused on commercial tour companies it is extremely important
             we address the safety of the facility ie: lighting at floor level change points.

             In parallel it is a pre-requisite in this era to offer CCTV camera security for vessels and afer having
             contractors on site to assess – this location is the only area that will capture the entire mooring
             facility.

             Assessment of Request
             It is acknowledged that there is a need for the requested lighting and security cameras. It is
             recommended that condition 4 be reworded as follows:

             No posts or vertical supports of the proposed jetty are to extend vertically from the structure unless
             they provide support for handrails, lighting of the walkways or security cameras.

             Condition 7
             There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the
             northern boundary of Lease P

             Applicant’s Request
             This condition significantly prohibits the functionality of a commercial marina. I request
             confirmation that it is permissible to install a 240 volt electrical system beyond the northern
             boundary of lease P.

             Assessment of Request
             The inclusion of the condition is based on safety grounds due to the potential for outlets/features to
             be inundated by flood waters. The applicant has acknowledged this in the request and advises that
             “services will be attached to the floating pontoon sections” and “all installations will be carried out




Document Set ID: 19819152
Version: 1, Version Date: 03/11/2014

Page 3

             by a licensed and certified electrical installer.” This issue has been raised on other similar
             applications and it is recommended that the condition be amended to read as follows:

             There must be no electrical reticulation system carrying electricity in excess of 24 volts beyond the
             northern boundary of lease P unless all switches and power outlets are positioned above the
             1%AEP flood level.

             CONCLUSION
             The applicant’s requests are considered reasonable and the changes will not result in any off-site
             impacts.

              RECOMMENDATION


             APPROVE the request to change a development approval, Application No. OPW12/0139.01,
             situated at Jetty 186 Gympie Tce NOOSAVILLE QLD 4566 , in accordance with the following
             details for the Decision Notice.


             In relation to the request to make a change to the existing approval, Council decided to:

             A.       Agree to Change Conditions 4 and 7 to read as follows:

                      Condition 4
                      No posts or vertical supports of the proposed jetty are to extend vertically from the
                      structure unless they provide support for handrails, lighting of the walkways or security
                      cameras.

                      Condition 7
                      There must be no electrical reticulation system carrying electricity in excess of 24 volts
                      beyond the northern boundary of lease P unless all switches and power outlets are
                      positioned above the 1%AEP flood level

             B.       Issue a Changed Decision Notice




Document Set ID: 19819152
Version: 1, Version Date: 03/11/2014

Page 4

                                                          REPORT COVER SHEET
                                                                                   PLANNING

              APPLICATION NO:            OPW12/0139.01


              AUTHOR:                    Mark Lewis


              PROJECT DIRECTOR:          Mark Lewis – Senior Engineering Officer




             TO BE COMPLETED BY PROJECT MANAGER / REPORT AUTHOR:

                  Is the application required to be decided by the Iconic Panel?:                  Yes   /   No
                  Is referral required to the Councillor Delegated Sign Off Mailbox?:              Yes   /   No
                  Has a site inspection been undertaken?:                                          Yes   /   No
                  Has Infrastructure Policy Branch been notified and a request for an Infrastructure
                   Contributions calculation been made?:                                            Yes   /   No

             Material to give to the Project Director

             □      A copy of any previous edited version of the report
             □      Plans and documents recommended to become Approved Plans and Documents
             □      Location plan / aerial photographs at appropriate scales
             □      Copy of all specialist advice and/or memos (or alternatively tagged in the file)
             □      Site photos (where obtained)
             □      Copy of all referral agency responses (or alternatively summarised in the body of the
                    report)
             □      Copies of all adjoining approvals and past approvals for the site as may be relevant

             PLANNING OFFICER                                 MANAGER

                 Signature:



                                                                Signature:

                 Position:                                      Position: Senior Engineering Officer

                 Date:                                          Date: 29 September 2014




Document Set ID: 19819152
Version: 1, Version Date: 03/11/2014

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