Negotiated Report (Representations made) OPW21 0074

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Engineer, Laurie Schreck
Development Assessment

APPLICATION DETAILS
Application No.	OPW21/0074
Development Approval	Development Permit for Operational Work - Stormwater
Applicant	B & L Fawcett Holdings Pty Ltd TTE
Representations Received On	6 September 2021
Number of Submissions for Original Application	None

PROPERTY DETAILS
Property Address	87 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 79 RP 71151
Land Area	1285.0000 m²
Existing Use of Land	Kindergarten

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Community Facilities
Overlays	Land Subject to Acid Sulfate Soils -Above 5m to 20m AHD
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Operational Work - Stormwater was issued on 12 July 2021.
The applicant suspended the appeal period and made representations on 6 September 2021 to the development approval conditions. The representations are detailed below but primarily relate to extending the date on which the works must be completed, by an additional two months extending from October 2021 to the 31 December 2021.
assessment
An assessment in relation to each of the submitted representations is provided below:
Currency Period of Approval (Section 3)
The currency period for this development approval is stated in the conditions below.
As this application stems from a compliance action, the works included in this Operational Works approval must be completed within three (3) months of the Decision Notice being issued.
Applicant’s Representation
I request an extension to 31 December 2021 because we are simply unable to complete the proposed works within the 3 month currency period of approval because in the current construction environment there is a lack of available builders to complete the proposed civil works. This lack of available builders is due to the significant volume of local property development and the delays to existing works caused by periodic lock downs due to covid-19 outbreaks.
I have engaged a Project Manager who specialises in property development to act on our behalf and he has guided us to seek an extension in advance of the expiry date to ensure we remain compliant with Council’s approval (extension to 31 December 2021).
Assessment of Representation
The Applicant has provided written evidence of the lack of contractor availability to complete the works within the three month timeframe. Extending the due date for the completion of the works to the 31st December 2021 will be a total of 5 months from the issuing of the original Decision Notice. The intent of the 3 month timeframe was to have the works completed before the commencement of the wet season to limit any further water damage. However, given the current circumstances and resulting saturation of the building and civil industries, the request for the extension is considered reasonable.

conclusion & reasons for decision
Although the works under this Operational Works Application are small, the Applicant has advised Contractors are prioritising larger and higher revenue projects which has made it difficult to book in a Contractor and get the works completed within the allotted 3 month period.
A written letter from a Contractor was provided stating that an extension to the 31st December 2021 will suffice to have the works completed. This equates to 5 months from the issue date of the original Decision Notice. This extension is considered reasonable given the current saturation of the building and civil industries.
RECOMMENDATION
With regard to Application No. OPW21/0074, and the representations made, Council on 07 September 2021 decided to:
A.	Agree to amend Section 3 – Currency Period of Approval to read as follows:
The currency period for this development approval is stated in the conditions below.
As this application stems from a compliance action, the works included in this Operational Works approval must be completed by 31 December 2021.
B.	Delete conditions – N/A
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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