Noosa Council Letter

 Noosa Council                                       2                                        7 July 2020




    3. the mooring capacity of the Jetty will be depending on vessel length and manoeuvring capacity,
       approximately 2-3 vessels.

The Adjacent Land

The Owner makes Application as Owner of the adjacent land, being Lot 1 on BUP 103414 (Lot 1).

Lot 1 is located within the Portside Noosa Waters Community Titles Scheme 16592; see CTS Search
attached.

The Community Titles Scheme comprises of 21 Lots and Common Property. The Lots are described within
BUP103414; copy attached.

Lot 1 is the eastern most Lot and is located immediately adjacent to the proposed Finger Jetty.

Between Lot 1 and the proposed Jetty is Common Property similar in configuration to that described within
figure 14-37 of Council’s Watercourses Works Code, being division 21 of part 14 of the Noosa Plan. That is
as described within figure 14-37 “Units with Common Property along Canal frontage”; copy attached.

Lot 1 has the exclusive use of the Common Property between Lot 1 and the proposed Jetty; see the attached
Title Search of the Common Property of the Scheme and the currently recorded Community Management
Statement for the Scheme attached.

Pursuant to By-law 12, Lot 1 has exclusive use of the relevant portion of Common Property as a courtyard.
See particularly page 8 of 9 of the CMS and exclusive use area 1 located to the east and north of Lot 1, which
adjoins Lot 502 on RP1839224.

The Owner is Owner of Lot 1; see current Title Search attached.

Owner’s Consent

The Owner is the owner of the land adjacent to the premises (on which the proposed Jetty will be
constructed) including as Lot 1 and the associated exclusive use courtyard area are located immediately
adjacent to the premises.

The Owner is owner of both Lot 1 and, for the purposes of the Planning Act 2016 (Act) the owner of the
exclusive use courtyard.

The “owner” of the exclusive use courtyard pursuant to the definition contained within the Act is the person
who:

    1. is entitled to receive rent for the land, premises or place; or

    2. would be entitled to receive rent for the land, premises or place if the land, premises or place were
       rented to a tenant.

The Owner is exclusively entitled to the rental income derived from renting the exclusive use courtyard; see
North Point Brisbane [2012] QBCCMCmr 355 at paragraphs [105] to [111] copy attached.

The decision in North Point was upheld on Appeal in the decision of Ballada Pty Ltd v North Point Brisbane
& Anor [2013] QCATA 184 and see particularly paragraphs [68] to [82] copy attached.