Additional Correspondence Noosa Council 2021.07.25_inc attachment

Page 2

Specifically in relation to noise across the complex, no noise abatement, acoustic enclosures or remediation
actions are presented in relation to managing noise issues and ensuring that the privacy and amenity of
other owners and guests are not compromised.

Noise pollution takes many forms and includes human noise generated in the use of external spaces out of
hours as well as noise generated by plant and machinery e.g. hot tub, external kitchen facilities etc. As
noted by Council, neighbourhood noise has significant nuisance value and the proposed development does
not adequately protect the neighbourhood complex from these issues.

https://www.lgtoolbox.qld.gov.au/noosashirecouncil/topics/pollution/noise-pollution

Furthermore, the site coverage and footprint of the proposed building at ground level takes up some 54.8%
of the site which is significantly more than the permitted maximum site coverage of 45% as noted in the
Noosa Plan 2020. Approving a change of use in the manner proposed not only significantly alters the look,
feel and built environment of the complex, it potentially erodes the rights of all existing owners in relation to
their future plans to improve, refurbish or renovate their properties by eating into the existing overall caveat
that exists on the complex as a whole.

My understanding is that this caveat allows a maximum of 45% overall site coverage as a whole. Completed
developments together with current approvals indicated that at this stage some 35.9% of this footprint has
already been utilised, leaving very little opportunity for other owners to undertake future improvements of
their own. This seems highly irregular and undemocratic within a Community Titles Scheme.

Increasing site coverage of this magnitude contravenes and interferes with the current and future rights of
existing owners who may not have considered or commenced improvement

If Council saw fit to approve the development on the current basis, it establishes a pernicious precedent for
future expanded developments, irrevocably changing the nature and the future quiet enjoyment of visitors
and guests throughout the complex and creating a complex with a confused mixture of random and ad hoc
development styles.

Lack of support by majority of property owners for the development
I am aware that on three separate occasions a motion to proceed with the proposed single villa for Lots 9
and 10 has been raised with all property since 2019, specifically two Annual General Meeting’s and one
Extraordinary General Meeting.

On each occasion the majority of owners voted against the proposal.

    •   Annual General Meeting held 10 May 2020             The motion was lost
    •   Extraordinary General Meeting held 28 February 2020 The motion was lost
    •   Annual General Meeting held 31 May 2019             The motion was lost

This indicates that the owner community has consistently raised and expressed concerns in relation to this
development, which should not be ignored.

In conclusion, I respectfully request that Council consider the rights, viewpoint and concerns of all property
owners within the complex and not just the applicant. Renovations, refurbishments and rebuilding within
the complex over several years have each demonstrated that synergistic and sympathetic construction and
development is possible.

Page 3

In their current format, these plans irrevocably change the nature of that built environment leaving the door
open to future idiosyncratic developments that create a complex without symmetry, synergy or sympathy
with neighbouring properties or the presentation of the complex overall.

This seems completely out of keeping with the primary and secondary objects of the Body Corporate and
Community Management Act 1997 and the requirements laid out therein.

I wish to reiterate that I am absolutely supportive of development and improvements that take into account
the overall look, feel and heritage of The Hastings unique offering within a Community Titles Scheme and
that contributes to the amenity of the complex overall, but not at the expense of other owners, visitors and
guests. Sadly, this proposal seems to demonstrate minimal regard and attention to its neighbouring
properties, visitors, guest and owner amenity or its placement and location within a Community Titles
Scheme. It would be preferable if the developers could work collaboratively and cohesively with existing
owners in order to find an appropriate compromise that benefits all.

Sincerely,


Kris Chapman
Unit 24, The Hastings
30 Hastings Street
Noosa QLD 4567

Attachment:
1. The Hastings Community Titles Scheme By-laws April 30 2020

Page 4

* QUEENSLAND LAND REGISTRY GENERAL REQUEST FORM 14 version 4
‘Land Title Act 1994, Land Act 1994 and Water Act 2000 Duty Imprint Page 1 of 1

Dealing Number |
GUUAITAIIE] OFFICE USE ONLY

Privacy Statement

Collection of information from this form is authorised by legislation and is
used to maintain publicly searchable records, For more information, see the
Department's website..

 

 

1. Nature of request Lodger (Name, address, E-mail & phone number) Lodger
Request to record new community management Stratum Legal Pty Ltd Code
statement for The Hastings community titles PO Box 246 NR907
scheme 21433 Mooloolaba QLD 4557

Tel: 07 5406 1282
Email: [email protected]

2. Lot on Plan Description Title Reference

Common property of The Hastings 19301154

community titles scheme 21433

3. Registered Proprietor/State Lessee
Body Corporate for The Hastings community titles scheme 21433

 

4, Interest
Not applicable

 

5. Applicant
CARASVILLE PTY LTD A.C.N. 006 180 847 AS TRUSTEE UNDER INSTRUMENT 717632522

 

6. Request

| hereby request that: the New CMS deposited herewith which amends Item 4, Schedule A, Schedule C
and Schedule E of the existing CMS be recorded as the CMS for The Hastings community titles scheme
21433.

 

7. Execution by applicant

 

Michael John Kleinschmidt
Solicitor
20) +) Le Uo eee Ao
Execution Date Applicant's or Solicitor's Signature

Note: A Solicitor is requiggl to print full name if signing on behalf of the Applicant

Page 5

Page 6

wy

Y _ QUEENSLAND LANDREGISTRY FIRST/NEW COMMUNITY MANAGEMENT STATEMENT CMS version 3

Body Corporate and Community Management Act 1997 . Page 1 of 12
THIS STATEMENT MUST BE LODGED TOGETHER This statement incorporates and must
WITH A FORM 14 GENERAL REQUEST AND IN THE include the following:

CASE OF A NEW STATEMENT MUST BE LODGED
WITHIN THREE (3) MONTHS OF THE DATE OF schedule A ~- Schedule of lot entitlements

 

CONSENT BY THE BODY CORPORATE Schedule B - Explanation of development of scheme land
Office use only Schedule C - By-laws
CMS LABEL NUMBER Schedule D - Any other details
Schedule E - Allocation of exclusive use areas
41. Name of community titles scheme 2. Regulation module
The Hastings community titles scheme 21433 Standard

 

3. Name of body corporate
Body Corporate for The Hastings community titles scheme 21433

 

4. Scheme land

 

Lot on Plan Description Title Reference
Common property of The Hastings 19301154
Community Titles Scheme 21433
Lots 1 to 6 on GTP 1154 16571201 to 16571206
Lot 7 on GTP 1154 , 50141277
Lot 8 on GTP 1154 16571208
Lots 11 to 29 on GTP 1154 16571211 to 16571229
Lot 30 on SP 307674

5. Name and address of original owner 6. Reference to plan lodged with this statement
Not applicable SP 307674

7. Local Government community management statement notation

 

 

8. Execution by original owner/Consent of body corporate

BODY CORPORATE FOR
THE HASTINGS
COMMUNITY TITLES
SCHEME 21433

SAA

  

Execution

          
   

 

eoencde eo ALA Je eee

Execution Date

Chas peson HELE PROOS

Privacy Statement
Collection of information from this from is authorised by legislation and is used to maintain publicly searchable records. For more information see the
Department's website.

 

L | | J

Page 7

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\ Title Reference [19301154] Page 2 of 12
[ The Hastings community titles scheme 21433 |

 

SCHEDULE A SCHEDULE OF LOT ENTITLEMENTS

 

 

Lot on Plan Contribution Interest
Lot 1 on GTP 1154
Lot 2 on GTP 1154
Lot 3 on GTP 1154
Lot 4 on GTP 1154
Lot 5 on GTP 1154
Lot 6 on GTP 1154
Lot 7 on GTP 1154
Lot 8 on GTP 1154
Lot 11 on GTP 1154
Lot 12 on GTP 1154
Lot 13 on GTP 1154
Lot 14 on GTP 1154
Lot 15 on GTP 1154
Lot 16 on GTP 1154
Lot 17 on GTP 1154
Lot 18 on GTP 1154
Lot 19 on GTP 1154
Lot 20 on GTP 1154
Lot 21 on GTP 1154
Lot 22 on GTP 1154
Lot 23 on GTP 1154
Lot 24 on GTP 1154
hs Lot 25 on GTP 1154

 

oO

OW WO WO WW WOW WW WW WWW WWW WWW WwW Ww
OW WW WoO WWW WWW WWW WW WOW WO WwW Ww

 

 

 

 

 

 

 

 

 

 

° Lot 26 on GTP 1154 13 13
Lot 27 on GTP 1154 12 12
Lot 28 on GTP 1154 10 10
Lot 29 on GTP 1154 10 10
Lot 30 on SP 307674 6 6
TOTALS 120 120
| SCHEDULE B EXPLANATION OF THE DEVELOPMENT OF SCHEME LAND |
Not applicable
| SCHEDULE C BY-LAWS
1. Definitions
In these By-laws;
41.1 Act means the Body Corporate and Community Management Act 1997 or legislation which replaces it;
1.2 Air Conditioning Equipment means any equipment installed for the reticulation of conditioned air to a

Lot;

L _

Page 9

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“Title Reference [19301154] Page 3 of 12

r

1.3
1.4
1.5

1.6

1.7
1.8
1.9

1.10

1.12

1.14

1.20

4.21

1.22

The Hastings community titles scheme 21433 “|
Body Corporate means the body corporate for the Scheme;
Body Corporate Asset means a body corporate asset for the Scheme;
Building means the building on the Scheme land containing the Lots;

Car Parking Facility means the car parking facilities for the Building which form part of the Common
Property identified on the exclusive use plan attached to this Community Management Statement;

CMS means the Community Management Statement containing these By-Laws;

Committee means the committee of the Body Corporate;

Common Property means the common property for the Scheme;

Costs means any costs charges expenses outgoings payments or other expenditure of any nature and
(where appropriate) includes reasonable fees and disbursements payable to contractors, consultants,
accountants and lawyers;

Improvements means:

1.11.4 any addition or alteration to the Common Property or any Body Corporate Asset; or

1.11.2 the installation of any fixtures, equipment, appliances or other apparatus on the Common
Property or any Body Corporate Asset;

Invitees means each of the Owner's agents, visitors, tenants, licensees or other (with or without
invitation) who may be on a Lot or the Scheme Land;

Lot means a lot in the Scheme;

Manager means a person:

1.14.1 engaged by the Body Corporate (other than as an employee of the Body Corporate) as a
service contractor to supply services (other than administrative services) to the Body
Corporate for the benefit of the Common Property or Lots; and

1.14.2 authorised by the Body Corporate to conduct a letting business for the Scheme;

Manager’s Office means Lot 1 in the Scheme;

Owner means the registered owner of a Lot and includes the Owner's Invitees;

Regulation Module means the regulation module constituted by the Body Corporate and Community
Management (Standard Module) Regulation 2008,

Requirements means any requirement or authorisation of any statutory body, local authority,
governmental or other authority, necessary or desirable under applicable law or regulation, and includes
the provisions of any statute ordinance or by-law under the Act;

Scheme means The Hastings CTS 21433 containing the Lots and the Common Property;

Scheme Land means all land in the Scheme;

Services means all gas, electricity, telephone, water, sewerage, fire prevention, ventilation, air-
conditioning, hydraulic elevator and security services and all other services or systems provided in the
Scheme or available for a Lot;

Service Infrastructure means any infrastructure for the provision of Services to the Scheme

Land; and
_

Page 11

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in ‘Title Reference [19301154] Page 4 of 12
[ The Hastings community titles scheme 21433 “|
1.23 Statutory Provision means a statute regulation or provision of a statute or regulation.
2. Interpretation
24 Reference to:
2.1.1 the singular includes the plural and the plural includes the singular;

2.1.2 a person means a person bound by these by-laws and includes a body corporate, an
unincorporated association or an authority; and

2.1.3 a Statutory Provision includes:
2.1.3.1 that Statutory Provision as amended or re-enacted from time to time; and
2.1.3.2 astatute, regulation or provision enacted in replacement of that Statutory Provision.
2.2 “Including” and similar expressions are not words of limitation.

2.3 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms
of that word or expression have a corresponding meaning.

2.4 Headings are for convenience only and do not form part of these by-laws or affect interpretation.

2.5 Unless the context requires otherwise, words that have a defined meaning in the Act have the same
meaning in these by-laws.

3. Noise

An owner must not create noise likely to interfere with the peaceful enjoyment of a person lawfully in a Lot or on
the Common Property.

4, Obstruction of Common Property

An Owner must not obstruct lawful use of the Common Property by another person or (without limitation)
obstruct access to:

41 the Common Property or any Body Corporate Asset, or

4.2 any easement giving access to a Lot or the Common Property.
5. Use of Common Property

An Owner must:

5.1 use the Common Property or any Body Corporate Asset for the purpose for which it was designed or
intended;

5.2 comply with all directions and rules of the Body Corporate relating to conduct on the Common Property
or use of any Body Corporate Asset; and

5.3 observe all relevant Requirements in connection with Common Property or Body Corporate Assets.
6. Signage

6.1 An Owner must not allow a sign on any part of the Common Property without the prior written consent
of the Body Corporate.

6.2 .The Body Corporate’s consent under this by-law must not be unreasonably withheld and (subject to the
Act and Regulation Module) the Body Corporate’s approval may be given by the Committee.

L I

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".” Title Reference [19301154] Page 5 of 12

r

6.3

6.4

The Hastings community titles scheme 21433 “|

The Body Corporate may remove a sign to which it has not consented and recover the Costs of doing
so from the relevant Owner.

An Owner must return the Common Property or that part of the Owner's Lot to its original condition
when a sign is removed.

Appearance of Lot

An Owner must:

7.1 not without the prior written consent of the Body Corporate make a change to the external appearance
of the Owner's Lot;

7.2 not without the prior written consent of the Body Corporate hang washing, bedding or another cloth
article, if the article is visible from another Lot or the Common Property or from outside the Scheme
Land; and

7.3 keep the Owner's Lot clean and free from infestation by vermin and/or insects.

Use of Lots

An Owner must:

8.1

8.2
8.3

8.4

8.5

8.6

8.7

8.8
8.9
8.10
8.11

8.12

8.13

8.14

8.15

subject to by-law 20 use the Owner's Lots numbered 1 to 8, 11 to 25 and Lot 30 for residential purposes
only;

observe all Requirements in connection with the use of the Owner's Lot;
maintain the Owner’s Lot in good order in condition;

not use or store any flammable liquids or materials in a Lot or on Common Property other than of a type
used for domestic purposes or which is consistent with the permitted use of the relevant Lot;

give prompt notice to the Body Corporate of any damage to, defect or disrepair of the Services or
Service Infrastructure;

not overload any Service or Service Infrastructure;

pay to the Body Corporate any Costs incurred by the Body Corporate in upgrading any Services or
Service Infrastructure to accommodate any equipment which an Owner wishes to install in a Lot;

lock all doors and fasten all windows in the Owner's Lot when the Lot is not occupied;

not waste water and ensure that all water taps in the Owner's Lot are turned off after use;

not carry on or permit any noxious or offensive act, trade, business, occupation or calling from a Lot;
not cause disturbance to other persons lawfully using any Lot or Common Property;

not (subject to the Section 181 of the Act) bring or keep an animal in the Owner's Lot or the Common
Property without the prior written consent of the Body Corporate;

ensure all windows in the Owner's Lot are kept clean and that broken or cracked glass is promptly
replaced;

give immediate notice to the Committee of any infectious disease affecting any person in the Owner's
Lot which requires notification by virtue of any Requirements; and

maintain any Air Conditioning Equipment in the Owner's Lot in good working order and condition and
generally to the satisfaction of the Body Corporate.

Page 15

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Title Reference [19301154] Page 6 of 12

-

9.

10.

11.

12.

The Hastings community titles scheme 21433 |

Auction Sales

Owners must not permit auction sales to be held on Common Property unless prior written consent of the
Committee has been obtained.

Body Corporate Rights

10.1 Subject to the provisions of the Act and Regulation Module the Body Corporate may take steps to
ensure the security of the Lots and Common Property and the observance of these by-laws by any
Owner including (without limitation):

10.1.1 restricting access to any part of the Common Property whether on a temporary or permanent
basis, including areas used for the location of Services and Service Infrastructure;

10.1.2 determining rules under which persons are given access to any part of the Common Property.
10.2 The Committee must ensure that any parts of the Common Property used for:

10.2.1 electrical substations or control panels;

10.2.2 fire service control panels;

10.2.3 telephone exchanges; and

10.2.4 other Services to the Lots and the Common Property;

are kept locked unless there is a legal requirement to the contrary. Owners may not enter, or open such
areas, without the consent of the Committee.

10.3. The Committee may:
10.3.1 designate any appropriate part of the Common Property to be used as a storeroom;

10.3.2 determine rules (for security purposes) under which Owners are given access to the
storeroom; and

10.3.3 use appropriate parts of the Common Property to store equipment used for the performance of
the Body Corporate’s duties in respect of the Common Property and restrict access to those
areas or make access to those areas conditional upon the consent of the Committee.

Invitees

11.1 An Owner must take all reasonable steps to ensure that Invitees do not obstruct any other person’s
use of the Common Property or an Owner's Lot.

41.2 An Owner must compensate the Body Corporate for all damage to the Common Property caused by
Invitees.

11.3 An Owner must take all reasonable steps to ensure that Invitees comply with these by-laws.
Repairs

The Body Corporate may make repairs or renovations as it deems necessary for the safety and preservation of
the Common Property, Body Corporate Assets, Services and Service Infrastructure.

Page 17

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'. "Title Reference [19301154] Page 7 of 12

-

13.

14,

15.

16.

17.

18.

19.

The Hastings community titles scheme 21433 “|

Request to Secretary

An Owner must direct all requests for consideration of any matter to the Body Corporate or the Committee, to
the Secretary or Body Corporate Manager.

Notices

All notices displayed on the Common Property by the Body Corporate or any statutory authority must be
complied with by the Owners.

Copy of By-Laws

Owners must provide any tenant or other occupier of a Lot with a copy of these by-laws.
Recovery of Costs

The Body Corporate may recover its Costs in connection with:

16.4 recovery of levies or other money payable by an Owner to the Body Corporate; and

16.2 undertaking an obligation of an Owner under these by-laws or remedying a breach of these by-laws by
an Owner; :

from the relevant Owner.

Storage

17.1 The Owner of Lot 26 has the exclusive use of the area of Common Property identified in Schedule E of
the CMS and on the attached plan marked “A” for the purpose of storage associated with the running
of the businesses carried out on the Lot. The Owner must maintain the area in good condition and not
litter or use it so as to create a nuisance.

17.2 The Owner of Lot 29 has the exclusive use of the area of Common Property identified in Schedule E of
the CMS and on the attached plan marked "A” for the purpose of storing gas cylinders. The Owner
must:

47.2.1 enclose the gas cylinders within a structure which prevents them being seen outside the
structure; and

17.2.2 maintain the area in good condition and not litter or use it so as to create a nuisance.
Balconies and Eaves
18.1 The Owners of Lots 1, 2, 3,4, 6, 8, 12, 14, 15, 16, 18, 19, 20, 21, 24 and 30 have exclusive use of the
areas of Common Property identified in Schedule E of the CMS and on the attached plan marked “A”

for balconies and eaves.

18.2 Owners are liable for the maintenance of, and operating costs for, areas allocated exclusively to them
under this by-law and must keep them tidy and free from litter.

Parking

419.1 The Owners of Lots 26 and 29 have exclusive use of the areas in the Car Parking Facility identified in
Schedule E of the CMS and on the attached plan marked “A” for car parking.

19.2 Owners are liable for the maintenance of, and operating costs for, areas in the Car Parking Facility
allocated exclusively to them under this by-law and must keep them tidy and free from litter.

_

Page 19

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. Title Reference [19301154] Page 8 of 12

[ The Hastings community titles scheme 21433 “|
19.3 An Owner must not park or stand a vehicle or bicycle on the Common Property other than in those
parts of the Common Property allocated for car parking on an exclusive use basis, or those other parts
of the Common Property designated for the standing or parking of vehicles or bicycles.

19.4 All vehicles may only be driven on the parts of the Common Property that are designated for that
purpose and must be driven at safe speed.

20. Use of Lot 1

20.1 For so long as the Owner of Lot 1 (or a nominee of the Owner who has been approved in writing by
the Body Corporate) is:

20.1.1 engaged by the Body Corporate as a service contractor to supply services to the Body
Corporate for the benefit of the Common Property or Lots; and

20.1.2 authorised by the Body Corporate as a letting agent to conduct a letting agent business for
the Scheme;

the Owner may use Lot 1 for the purposes of:
20.1.3 acaretaker’s residence;
20.1.4 supplying the services referred to in by-law 20.1.1; and

20.1.5 conducting the letting agent business referred to in by-law 20.1.2.

 

| SCHEDULE D OTHER DETAILS REQUIRED/PERMITTED TO BE INCLUDED |

Not applicable

 

| SCHEDULE E DESCRIPTION OF LOTS ALLOCATED EXCLUSIVE USE AREAS OF COMMON PROPERTY

 

Lot on Plan Exclusive Use Area of Common Property Use

 

Lot 1 on GTP 1154

Area 1A on attached plan marked “A”

Balcony and Eaves

 

Lot 2 on BUP 103633

Area 2A on attached plan marked “A”
Area 2B on attached plan marked “A”

Eaves
Balcony and Eaves

 

Lot 4 on GTP 1154

Area 4A on attached plan marked “A”

Balcony and Eaves

 

Lot 6 on GTP 1154

Area 6A on attached plan marked “A”
Area 6B on attached plan marked “A”

Eaves
Balcony and Eaves

 

Lot 8 on GTP 1154

Area 8A on attached plan marked “A”

Balcony and Eaves

 

Lot 12 on GTP 1154

Area 12A on attached plan marked “A”

Balcony and Eaves

 

Lot 14 on GTP 1154

Area 14A on attached plan marked “A”

Balcony and Eaves

 

Lot 15 on GTP 1154

Area 15A on attached plan marked “A”

Eaves

 

Lot 16 on GTP 1154

Area 16A on attached plan marked “A”

Eaves

 

Lot 18 on GTP 1154

Area 18A on attached plan marked “A”

Balcony and Eaves

 

Lot 19 on GTP 1154

Area 19A on attached plan marked “A”

Eaves

 

Lot 20 on GTP 1154

Area 20A on attached plan marked “A”

Eaves

 

Lot 21 on GTP 1154

Area 21A on attached plan marked “A”

Eaves

 

 

Lot 24 on GTP 1154

 

'| Area 24 on attached plan marked “A”

 

Eaves

 

L

 

Page 21

Page 22

‘

-"' Title Reference [19301154]

-

The Hastings community titles scheme 21433

Page 9 of 12

 

Lot on Plan

Exclusive Use Area of Common Property

Use

 

Lot 26 on GTP 1154

Area 26A on attached plan marked “A”
Area 26B on attached plan marked “A”

Storage
Car Park

 

Lot 29 on GTP 1154

Area 29A on attached plan marked “A”
Area 29B on attached plan marked “A”

Car Park
Storage

 

 

Lot 30 on SP 307674

 

Area 10A on attached plan marked “A”

 

Balcony and Eaves

 

 

Page 23

Page 24

' Title Reference [19301154] Page 10 of 12

 

 

 

 

[ The Hastings communhity titles scheme 21433 “|
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Page 25

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‘

.” Title Reference [19301154] Page 11 of 12

[ The Hastings community titles scheme 21433 “|

 

     

   

 

 

 

 

3 VE CSE AREA 268 C5]||| (EMCLUSIVE UST MCA BAD
ae ALSTRCTRA FREIGHT TG. ABETROG TSO IN BEIOHT TO
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Page 27

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*” Title Reference [19301154] . Page 12 of 12
[ The Hastings community titles scheme 21433 |

eins Sameera sti ae aE = “=,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

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Page 29