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MCU22.0006-Reps to Council's Conditions
20th May 2022 Our Ref: 002377 Council’s Ref: MCU22/0006 SARA’s Ref: 2201-27069 SRA Noosa Shire Council The Chief Executive Officer 9 Pelican Street Tewantin QLD 4565 Via email: [email protected] ATTENTION: Nadine Gorton Change Representations - Proposed Material Change of Use to Establish a Short-term Accommodation Use (Code Assessment) 307 Louis Bazzo Drive, Pomona Qld 4568 Lot 179 on RP899995 Dear Nadine, In relation to the abovementioned Decision Notice (MCU22/0006) issued by Noosa Council on 6th May 2022, on behalf of Cynthia Alexander we hereby provide the following Change Representations to the Conditions listed within the Decision Notice in accordance with s.75 of the Planning Act 2016. Our representations relate to Condition 22. Condition 22 22. The site must be provided with an auxiliary power supply such as a petrol driven fire fighter pump (or generator), together with a hose of sufficient length to easily reach around to all sides of the building. Representations to Condition 22 Due to the wording of Condition 22, the intent of the Condition is unclear. It is ambiguous what is required from the Condition as an auxiliary power supply is not a petrol driven fire fighter pump. Notwithstanding the ambiguity of the wording, Condition 22 is not a relevant or reasonable Condition with respect to the development. In accordance with s. 65 of the Planning Act 2016, a development condition: • Must be relevant to the development or the use of the premises as a consequence of the development, or • Must not be an unreasonable imposition on the development or the use of the premises as a consequence of the development. RG Strategic PO Box 1818 07 5474 3873 Noosa Heads [email protected] QLD 4567 rgstrategic.com.au
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Condition 22 is not:
• Relevant to the development as the existing rural dwelling is serviced by four (4) large water
tanks and the swimming pool. Two (2) of these water tanks are located at shed and are used for
landscaping and ancillary use only.
In an emergency, the water tanks can be used by firefighting personnel as a source of water.
Additionally, the swimming pool provides a water source for emergency personnel to utilise. Refer
to Photographs 1 and 2 below.
• Reasonable to the development as the development consists of a Short-term Accommodation
use within an existing rural dwelling. It is not reasonable for the Condition to impose the
development supply firefighting equipment such as a “petrol driven fire fighter pump” and
“auxiliary power supply” when sufficient water supply is provided, and safe and efficient access
to these provisions for firefighting personnel is provided.
Condition 22 is an unnecessarily onerous requirement on the development.
Photograph 1: Two (2) water tanks located at shed Photograph 2: Swimming pool
Source: RG Strategic Source: RG Strategic
Proposed Amendment to Condition 22
It is proposed that Condition 22 is deleted.
Thank you for your consideration of the above Change Representations to the Conditions within Decision
Notice MCU22/0006 issued to the applicant on 6th May 2022.
Should you require any additional information or have any queries please to not hesitate to contact us.
Kind Regards,
Russell Green APIA MQELA
Managing Director
RG Strategic
PO Box 1818 07 5474 3873
Noosa Heads [email protected]
QLD 4567 rgstrategic.com.au
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