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OPW21.0133 - Applicant's Response to Council's IR

Attached to the e-mail Response to Council’s Information Request OPW21/0133.

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4th February 2022

Our Ref: 002199
Council’s Ref: OPW21/0133

Noosa Shire Council
The Chief Executive Officer
9 Pelican Street
Tewantin QLD 4565
Via email: [email protected]


ATTENTION: Diogo Carrico


Response to Council’s Information Request – Application for a Development Permit for Operational
Works (Jetty)

10 and 12 Ravenwood Drive, Noosa Heads 4567 QLD
Lots 159 and 158 on N21859


Dear Diogo,

In relation to the abovementioned property and development application (OPW21/0133), on behalf of David
and Penelope Gibson, and Woodburn Holdings Pty Ltd (ACN 144 669 849), we hereby submit the following
information as requested in Council’s Information Request dated 17th May 2021.

In accordance with section 13.2 of the Development Assessment Rules, we wish to advise that the applicant
is providing all of the information requested.

The following attachments are enclosed within this response:

         • Attachment 1 –Canal Bed Survey Plan prepared by Max Watterson + Associates, and
         • Attachment 2 – As-Constructed Jetty Plan prepared by Suncoast Studio.


Information Required by Council

1. Provide further justification for the construction of the jetty not being in accordance with the approval. The
justification must include but not be limited to:

        1.1. justification why dredging was not considered as an option at the time of construction, which
        would allow for construction of the jetty in accordance with the approval;

        1.2. justification why dredging has not been considered since; and

RG Strategic                                                         PO Box 1818        07 5474 3873
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au
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          1.3. provide as-constructed plans and survey of the jetty showing the levels of the canal bed
          demonstrating the need for the structure’s extension.

2. Provide a letter of support, signed by the owner of 8 Ravenwood Dr (Lot 160 on N21859), confirming their
acceptance of the location of the existing jetty and mooring of vessels.


Applicant’s Response

Refer to the Canal Bed Survey Plan prepared by Max Watterson + Associates (Attachment 1) and the As-
Constructed Jetty Plan prepared by Suncoast Studio enclosed within Attachment 2.

The original Jetty was approved in 1994 and built prior to 2010. The applicants David and Penelope Gibson,
and Woodburn Holdings Pty Ltd purchased their individual properties in 2016 and 2012 respectively. It is
unknown why the owner who originally constructed the jetty did not dredge at the time the jetty was built.
The applicants have not modified the jetty since their purchase.

Dredging of the canal by the current owners and applicants has not been undertaken for a number of reasons
as:

      •   Due to the design of the canal, minimal water flow is experienced at the location of the subject site
          (jetty) as it is at the end of the canal cul-de-sac. As a result, silting of the canal has occurred, and will
          keep reoccurring and reducing the depth of water at the jetty’s location

      •   If the canal was to be dredged in order to maintain a safe depth for the vessels to moor at the
          ‘approved’ jetty (i.e. one that is approx. 3.4 metres shorter than then existing), it is expected that this
          would have to be carried out quarterly or after every significant weather event. This presents an
          unreasonable and expensive burden and responsibility of the applicant to maintain a canal which is
          accessed and utilised by numerous other properties.

      •   The existing jetty arrangements, which have been in place prior to 2010, have been an effective and
          have not caused issue for the adjoining properties. As demonstrated by the aerial photographs below
          taken 13/11/2021, 10/9/2021, 5/7/2021, and 30/5/2021, the residents of 11 Key Court, and 8, 10 and 12
          Ravenwood Drive have been able to utilise their respective jetties without concern.




                Near Map – 13/11/2021                                          Near Map – 10/9/2021


                                                                         PO Box 1818         07 5474 3873
                                                                         Noosa Heads         [email protected]
                                                                         QLD 4567            rgstrategic.com.au

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              Near Map – 5/7/2021                                      Near Map – 30/5/2021



Due to the owner of 8 Ravenwood Drive living interstate and the recent outbreak of COVID in the Noosa
region a letter of support has not yet been obtained. However, as demonstrated by the above aerial
photographs, and in particular the latest aerial taken on 13/11/2021 (below), the joint jetty arrangement
shared between 8 Ravenwood Drive and 11 Key Court is unaffected by the existing jetty at 10-12 Ravenwood
Drive.

The below aerial demonstrates that the current joint jetty arrangements allow for each property to safely
moor a vessel each. It is noted that the owner of 12 Ravenwood (Woodburn Holdings Pty Ltd) is intending to
purchase a 5 metre vessel which can be safely moored at the end of the existing jetty.




Near Map – 13/11/2021


                                                                  PO Box 1818       07 5474 3873
                                                                  Noosa Heads       [email protected]
                                                                  QLD 4567          rgstrategic.com.au

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Information Required by Council

3. Submit plans that do not include the dry Jet Ski storage device; or

4. Demonstrate how the proposal achieves compliance with the Waterways Works Code.


Applicant’s Response

Refer to the As-Constructed Jetty Plan prepared by Suncoast Studio enclosed within Attachment 2. The
existing jet ski storage device will be removed.


Information Required by Council

5. Confirm how these mooring opportunities will be shared between No 10 and No 12 Ravenwood Dr.


Applicant’s Response

The existing jetty arrangement has been shared by the applicants and owners of the subject properties since
2016. Both properties are utilised by their owners as their holiday houses. The joint access arrangement
between the properties to the existing jetty was approved by Council on 14th November 1994 and has been
an issue since the jetty’s construction prior to 2010.

The proposed Development Permit for Operational Works is consistent with the intent of the original approval
(14/11/1994). The changes to the jetty represent minor alterations to the existing structure and provide for safe
and secure vessel mooring.



This ends my client’s response to matters raised by Council within their Information Request.

We ask that Council proceeds with the assessment of this application under section 13.3 of the Development
Assessment Rules, effectively ending our applicant’s response period.

Should you require any additional information or have any queries please to not hesitate to contact us.



Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic




                                                                     PO Box 1818        07 5474 3873
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au

Page 5

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