REFUSAL Changed Approval 132007.1259.05

Officer:	Lisa Pienaar
Direct Telephone:	53296241
Our Reference:	132007.1259.05
Your Reference:	N/A
21 March 2017

Thomco No 2087 Pty Ltd
C/- Adams & Sparkes Town Planning &
Development
PO Box 1000
BUDDINA  QLD  4575

Dear Sir/Madam

Extension to Relevant Period
Sustainable Planning Act 2009

I refer to your request to extend the relevant period for an existing approval. On 16 March 2017, Council decided to refuse your request.

Details of the decision are as follows:
application details
Application No:	2132007.1259.05
Street Address:	215A David Low Way Peregian Beach
Real Property Description:	Lot 77 SP 231615
Planning Scheme:	The Noosa Plan (16 September 2013)
Decision details
In relation to your request to extend the relevant period, Council on 16 March 2017 decided to:
A.	Refuse the request to extend the relevant period before which the development approval will lapse under section 341 of the Sustainable Planning Act 2009 for the following reasons:
1.	The notice requesting the extension to the period was not made on the Council’s prescribed form.
2.	The notice did not provide a copy of its notification to the relevant concurrence agency for the original development application under section 383(3)(b) of the Sustainable Planning Act 2009.
3.	The proposed development is inconsistent with The Noosa Plan and given the time lapsed it is relevant to examine whether there are still grounds in the community’s interest to justify the conflict with the planning scheme.
4.	The community is unlikely to be aware of the development approval given the time lapsed since the application was lodged in 2007; changes in the area; and the shopping complex that has been constructed on a significant portion of the site.
5.	The application would be likely to attract further properly made submissions were a further development application lodged and publicly notified today, given
a.	the time lapsed since the application was lodged in 2007;
b.	the changes that have occurred in Peregian Beach, including significant urban growth west of Peregian Beach
c.	the development cannot proceed in its current approved form and the change is likely to result in a substantially different development
6.	The approved development in its current form cannot proceed as a shopping complex has been constructed on a significant portion of the site and has superseded the development approval.
B.	Advise the applicant the request to change the date in Condition 31 when the development approval will lapse for failure to complete all works associated with the development is a request to change the development application under section 369 of the Sustainable Planning Act 2009 and must be made to the Planning and Environment Court:
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.

Yours faithfully

Kerri Coyle
Manager Planning & Environment

Enc:	Appeal Rights

cc	Unitywater

	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.

466	Appeals about decisions relating to permissible changes
(1)	For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a) 	if the responsible entity for making the change is the assessment manager for the application—
(i) 	the person who made the request; or
(ii) 	an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b) 	if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2)	The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3)	Also, a person who has made a request under section 369 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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Application No. 132007.1259.05

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