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05/0698 - Change to Existing Approval - Ext of Currency [As Published]
date reference attention re MAROOCHYDORE 16 September, 2009 M1717-29 The Manager of Land Development Sunshine Coast Regional Council Northern Region PO Box 141 TEWANTIN QLD 4565 Request to Extend Currency Period of Negotiated Decision Notice 2005/698, involving Lot 2 on SP162077, Walter Hay Drive, Noosaville. JONES FLINT & PIKE PTY. LTD. ABN 79050414045 JONES FLINT & PIKE development consultants, planners, surveyors, landscape architects BRISBANE JF&P House Car Ernest and Merivale Sueets, South Brisbane, phone (07)3844 7161 fax (07)3846 1959 RO.Box 3634, South Brisbane, Queensland 4101 email [email protected] SUNSHINE COAST 237-239 Bradman Avenue, Maroochydore, phone (07) 5443 2500 fax (07) $443 4759 RO.Bax 6, Maroochydore, Queensiand 4558 email maroochydore@/fp.com.au GLADSTONE, 59 Goondoon Street, phone (07)4972 2100 fax (07)4972 5444 PO.Box 172, Gladstone, Queensland 4680 e-mail gladstone@|tp.com.au www.jfp.com.au Council Reference: 2005/698 Dear Sir, We act on behalf of Country Club Villages Pty Ltd which is the registered proprietor of Lot 2 on S$P162077 located at 35 Walter Hay Drive, Noosaville. An application for Operational Works (Landscaping) was approved by the Sunshine Coast Regional Council (formerly Noosa Shire Council) on 17" August, 2006. The Council's file reference for the approval is 2005/698. On 17 November, 2008, the Council approved a Change to an Existing Approval, which extended the currency period to 23 November 2009. The project is a large undertaking and the applicant is making every effort to complete the works as efficiently as circumstances allow. It is noted that the completion of these landscaping works will significantly hinder the building works currently being undertaken within the development. We request Council extend the currency period until 23 January, 2012, to bring the landscaping works in line with the higher order approval for a Material Change of Use (Council Ref: 2004/5744) In further support of this application we have enclosed: 4. Acheque for $1,980.00 in payment of the application fee; 2. Acopy of the Application Form; 3. Owners Consent Form; and 4. Council letter confirming the currency period for Development Permit (2004/5744). If you require any further information or discussion please contact the undersigned. Yours faithfully, JONES FLINT & PIKE PTY LTD ROB Town Planner P MPIA Cc. Country Club Villages Pty Ltd J.C.Franklin, GDURP MRAPI MOIA. | |A.Thamson, BApp Sc(Surv) ADip(Sury) MSSI M.1. Fitzgerald, BSurv MSSI 8M. Butler, SApp Sc(Surv) MSSI MEMBER OF AUSTRALIAN SPATIAL INFORMATION BUSINESS ASSOCIATION - QUALITY ASSURED SUPPLIER - MEMBER OF URBAN DEVELOPMENT INSTITUTE OF AUSTRALIA
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Page 2
INTEGRATED PLANNING ACT 1997
LS
WN Form 2 Development Application
Request to change
an existing approval
Details of person making the request: =
Form 2, Version 4.1, 3 March 2008
1. Who is making the request?
Company/organisation name .
(applicable) Country Club Villages Pty Ltd
nelvidual app petsoi (ifthere is more than one | g ndet Add another applica
Title Mr || First name [Robert _| Last name
Postal address [or Jones Flint & Pike PO Box 6, Maroochydore QLD 4558
Contact telephone number [5443 2500 || Mobile phone number
Facsimile number 5443 4759 i e-mail address [email protected]
be changed
[X} Development Permit
2005/698
[F) Preliminary Approval
fdentification of the premises. tn a ee f
3. Can any part of the premises be identified by a street address or lot on plan description?
J No - Answer Q3(a)
[K] Yes - Complete Table B and Q3(b)
Table B
Post k
|e tate S| E fe
4566 $P162077
1 35 Walter Hay Drive, Noosaville
3(b). Can the address be further described by shop/tenancy number or storey/level?
No
[1 Yes - Complete Table C
Page 3
&
INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008
4. Can the premises best be identified by coordinates (e.g. for development proposed in waters, or on a site within a large rural tot}?
No
(1 Yes - Complete Table D
(Tick applicable unit) {Tick applicable unit)
{Owner's.consent and resource owner's agreement 9°
6. ts the person making the request the owner of the land to which the approval attaches?
(J Yes No - Complete Table E - provide details for each owner on a separate row, of on an attachment to this form if applicable. Note: Advice
provided at the end of this form details when owner's consent is not required.
Table £
ef’s name/s and:postal'y
is aed address jhe a (reat.
Country Club Villages Pty Ltd (see
[1 attached owners consent} Lot 2 on SP162077
* Owner's signature can not be provided on the form if you intend to submit the application electronically. Owner’s consent must be provided to the assessment manager on an
attachment containing appropriate written documentation of the owner's consent. If the owner is a company the company must sign as owner. $127 of the Corporations Act
2001 (Cweatth) details how a company may execute a document
7. If an application for the existing approval were being made now (i.e. at the time of making this request), would evidence be required to
support the application because it involved taking or interfering with a State-owned resource prescribed by schedule 10 of the Integrated
Planning Regulation 1998 (IP Reg) or any other regulation
No (1 Yes - Complete Table F and submit, with the application, written agreement to the request.
Nature-ofthe request
8. Whatis the nature of the request for change? (Tick the applicable box/es)
An extension of the period before an approval lapses (under IPA, section 3.5.22)
LJ To change the development approval other than a change of condition (under IPA, section 3.5.24)
L_] To change or cancel a condition of approval (under IPA, section 3.5.33) - Go to Q17
ol To change conditions of a rezoning approval given under the Local Government (Planning and Environment) Act 1990 (under IPA,
section 6.1.35A} - Go to Q12
9. Were one or more concurrence agencies involved in the approval?
[1 No Yes - Complete Table G. Submit, with the application, a copy of the notice required to be sent to each agency under IPA sections
3.5.22{1)(a) and 3.5.24(1}(b).
r = = Tr
a i
its : : es, VERO hi
[1] Department of Environment and Resource Management (formerly DNRMW) 10-Sept-09
Table G
10. Does the request for change relate to an aspect of the approval that involved a building referral agency?
No Oo Yes - Complete Table H. Submit, with the application, a copy of the notice required to be Sent fo each agency under IPA section
3.5.24(1){0).
11. What are the details of the requested change and the reasons or justification for the change? Use a different row for each change if more
than one.
=
Extension to currency period to the maximum allowed by IPA. Client requires more time to complete works in an efficient manner.
Page 4
INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008
ser “es __ net ” - . 7 side
Mandatory attachments and information." "Os. ee ee ee ee ee eee ze, Bee |
12. Whatare the mandatory attachments and supporting information accompanying this application?
T Tee QS oe pee et = =
2, Description of attachment {information Title and date (¢ appicabte}
‘, 7 (eg. notice to concurrence fbuilding referral agencies, dines Set Traffic Repos
owner's consent. resource owner's agreement, drawings, report NEY SAE, ORE = “
1 | Planning Report M1717 Request to extend currency period. mail
2 | Qwners Consent Form see attached copy mail
OFFICE USE ONLY
43.
Date Received '] Reference Numbers | |Cost Code feppiicatie to EPA oniy) CRA
Advice for completing Form 2
General advice
Form 2 may be used for any one of the four types of request for changing an existing approval -
* an extension of the period before an approval lapses (under IPA, section 3.5.22)
¢ — tochange or cancel a condition of approval (under IPA, section 3.5.33)
« — to.change the development approval other than a change of candition (under IPA, section 3.5.24)
* to. change conditions of a rezoning approval given under the Local Government (Planning and Environment) Act 1990 (P&E Act) (under IPA,
section 6.1.35A)
Form 2s not an approved form under the IPA. The assessment manager, concurrence agency or court may have their own form for the purpose of
making a request to change an approval. In the case of a request to change conditions of a rezoning approval, the P&E Act establishes the process to
be followed and provides for the local government to determine the required form.
The entity that should receive the request is:
¢ for an extension of the period before an approval lapses - the assessment manager (even if the approval was granted by the court (IPA, section
3.5.22(8))
e — tochange or cancel a condition of approval - the entity that decided or required the condition (i.e. the assessment manager, a concurrency
agency or the court)
« — tochange the development approval - the assessment manager
* — to change conditions of a rezoning approval - the local government
When paying fees to the Environmental Protection Agency by electronic funds transfer (EFT) for requests relating to environmentally relevant activities
(ERAs) or coastal development, use the process from the information sheet Electronically paying fees to the Environmental Protection Agency (EPA)
and attach the form Electronic Funds Transfer (EFT) payment notification to the request.
Qi
Any person may make a request to change an approval. However, in the case of a development approval for building work or operational work
for the supply of community infrastructure on land designated for the community infrastructure, only the person supplying the infrastructure may
make a request (IPA, section 3.5.33(3A)).
Q2
If the request is made to a concurrence agency or the court, notice of any subsequent change or cancellation of a condition must be given to the
assessment manager (IPA, section 3.5.33(9)).
Q6
. If the person making the request is not the owner of the land to which the approval attaches, the request must be accompanied by the
owner's consent. (IPA, sections 3.5.22(3), 3.5.24(3), 3.5.33(3)).
. However, owner's consent is not required if the approval is for:
* amobile and temporary ERA; or
¢ building work or operational work for the supply of community infrastructure on land designated for community infrastructure
(IPA, section 3.5.33(3A)).
Qi
The request must also be accompanied by the written agreement of the chief executive from whom evidence of resource allocation or
entitlement would be required if an application for approval were being made. (IPA, sections 3,5.22(5), 3.5.24(5), 3.5.93(3C))
Qe
For a request to extend the period before an approval lapses, or to change a development approval, each concurrence agency for the approval
must be given written notice of the request (IPA, sections 3.5.22(1), 3.5.24(1)).
Q10
For a request to change a development approval, if the subject of the request involved a building referral agency, that agency also needs to be
given notice of the request (IPA, section 3.5.24(1)). For a request to change conditions the opinion of a relevant building referral agency must be
given regard to by the entity deciding the request (IPA, section 3.5.33(9)).
Page 5
Company Owner's consent to the making of
an IDAS development application
I, STEW Pra Gow (insert name in fulf},
Director, AND
I, An DREAD Resto~ (insert name In full),
Company Ss C tne tene7 . (insert Company position
in fall - Le. another director, or a company secretary - strike out above name and company position if not applicable, Le. for a
proprietary company that has a sote director who Is also the sole compeny secretery, only that director needs to complete the
owner's consent),
of Country Club Villages Pty Ltd (insert name of company)
owner of premises identified as follows
Lot 2 on SP1 620 7 7 (insert street address; lot on plan description; or coordinates of the premises the subject of the
application)
consent to the making of a development application under the Integrated Planning
Act 1997 by
Country Club Villages Pty Ltd (insert name of epplicant
on the premises described above for the purposes of
quest to Extend the Currency Peri a Developme
proposed development, eg material change of use for 3 storey apartment building}
Approval (insert detalls of the
Wetec Seer |
™
Signed on the b dayof__§ Seer. , 2009.
(signature of Director}
(signature of Birector/ Company Secretary)
? T
ru
Signed on the S dayof__- SEPT , 2009.
Company seal (rusea
Page 6
C) | Locked Bag 72 T O07 5475 7272 S Uu ns h | Nn e Coast Sunshine Coast Mail Centre F O7 5475 7277 Regiona! Council Qld 4560 E [email protected] g ABN 37 876 973 913 W www.sunshinecoast.qid.gov.au Officer: Tracy Jones Direct Telephone: 07 5449 5228 Response Address: Locked Bag 72 Sunshine Coast Mail Centre QLD 4560 Email: +tracy [email protected] Our Reference: 04/5744 Your Reference: < 12 August 2009 Jones Flint & Pike Po Box 6 MAROOCHYDORE QLD 4558 Attention: Robert Stonadge Dear Sir Re: Noosa Domain Retirement Village | refer to your letter dated 10 August 2009 seeking further’ clarification on the relevant period for the above-mentioned development. Council confirms that in accordance with Section 3.5.21 (7)(b) of IPA that the Operational Works application for Landscaping (07/2431) was lodged within 2 years of the previous related approval being Operational Works for civic works (06/1015) taking effect. Therefore, it is agreed that the relevant period for the Material Change of Use is 4 years from the date the latest approval took effect. Accordingly, Council considers the relevant period for the material Change of Use expires on 23 January 23 January 2012. Yours faithfully, Tracy Jones SENIOR PLANNING OFFICER cc. Country Club Villages PO Box 521W BALLARAT VIC 3350 Caloundra Office Maroochydore Office Nambour Office Tewantin Office 1 Omrah Avenue 141-13 Ocean Street Cnr Currie and Bury Streets 9 Pelican Street Caloundra Qld 4551 Maroochydore Qid 4558 Nambour Old 4560 Tewantin Qid 4565 T 07 5420 8200 T 07 5475 8501 T 07 5475 8501 T 07 5449 5200 F 07 5420 8900 F 07 5441 8338 F 07 5441 8338 F 07 5447 1062
Page 7
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