2016-10-11 S&O Agenda - Attachment 1 to Item 8 - Delegations of Authority

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              11 OCTOBER 2016


2.    SITE DETAILS
2.1. Background
A Development Permit for Multiple Dwelling (4 units) was issued on 19 May 2005 prior to the
commencement of the Noosa Plan. Condition 45 of the development approval states that:
45.    The existing overhead electricity wire to the Gympie Terrace frontage of the development
       shall be redirected underground to help beautify the Gympie Terrace streetscape and aid
       with the growth of street trees. This work shall be at no cost to Council.
This condition was included in the approval as at the time Energex had a programme of
contributing a third of the cost of undergrounding power line, with Council similarly matching a
third of the cost of undergrounding the power lines for Gympie Terrace in some instances. There
was no Council Policy in place at the time and consequently conditioning development approvals
to underground the power lines was not consistently applied. Notably, this Energex programme
ceased around the time this development was approved.
The development proceeded to completion, with all conditions apart from condition 45 fulfilled. At
the time of completion of the development, there is correspondence on file which advises:
    the cost to complete the works was in the order of $20,900, although subsequent
      correspondence from the applicant indicates the works would cost $75,000; and
    it was preferred to complete the undergrounding of the power lines with the development of
      the adjoining properties given the current power pole locations.
Accordingly, the applicant requested that Council retain part of the $80,000 performance bond to
secure performance of this condition in the future. Since that time the developer was declared
bankrupt and the bond of $80,000 is still currently with Council.
The trustee of the bankrupt estate has requested the release of the bond and was advised that
prior to the release of the bond, the condition would need to be satisfied or alternatively an
application lodged seeking agreement from Council to delete the condition. Notably, the consent
of the current Body Corporate was provided with this application pursuant to the Sustainable
Planning Act 2009.

3.    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 impact assessable and the proposed changes would not likely
      cause a person to make a properly made submission, with no submissions previously
      lodged against the development approval;
    The change would not cause the approval to involve prohibited development.
On this basis, the applicant has followed lawful process in making a request under s369 of the
Act.




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