132003.221199.3 & 142007.2555.04 Extension to Relevant Period

Officer:	Jack Lewis
Direct Telephone:	5329 6236
Our Reference:	132003.221199.3 (23677 DA) & 142007.2555.04 (07/2555)
Your Reference:	164
5 May 2014

Innovative Planning Solutions Pty Ltd
PO Box 1043
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Extension to Relevant Period
Sustainable Planning Act 2009

I refer to your request dated 11 October 2013 to extend the relevant period for an existing approval. On 1 May 2014 Council decided your request.
Details of the decision are as follows:
application details
Application No:	132003.221199.3 & 142007.2555.04
Proposal:	Multiple Dwelling (30 Dwelling Units) and Accommodation Building (12 Accommodation Units) & Operational Works.
Street Address:	27 Attunga Heights Noosa Heads  Qld  4567
Real Property Description:	Lot 27 RP 89506
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
The Minister issued a Ministerial Call-In Decision 6 March 2006, which approved a Material Change of Use for Multiple Dwelling (26 Dwelling Units) and Accommodation Building (12 Accommodation Units).
In relation to the request to extend the relevant period for this approval, Council decided to refuse to extend the relevant period for the following reasons:
1.	The development is contrary to the Noosa Plan’s Overall and Specific Outcomes for the Noosa Heads Locality;
2.	The application was publicly notified in 2004 and given the time lapsed, the community is unlikely to be aware of the development approval; and
3.	The proposed development were it to be publicly notified today, is likely to receive submissions objecting to the development, given the significant non-compliance with The Noosa Plan.
Relevant period of approval
The relevant period for this development approval has now ended.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
OTHER DETAILS
If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

DECISION NOTICE HISTORY Ministerial Call In Decision Notice: 6 March 2006. Extension to Relevant Period: 3 July 2009 Extension to Relevant Period: 15 October 2013.

Yours faithfully

Kerri Coyle
Coordinator, Planning & Development

Enc:	Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009  (Chapter 7).

465 	Appeals about decisions relating to extensions for approvals
(1) 	For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2) 	The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3) 	Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)	An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

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