Council archive · source document
Request a Change to Existing Approval & Response to Show Cause Notice -142008.1704.4
SCRC CORRESPONDENCE
68 FLINDERS STREET EAST
[OWNSVILLE OLD 4810 80380023
'0 BOX 1984
rOWNSVILLE OLD 4810
(07) 4727 0100
(0714727 0150
emanate
Our Ref: BGT:VG:BAK:101045:0525.01
Your Ref: 2008/1704
Development Coun
30 May 2011 - 1 JUN 2011
Maroochvdore
1i111C1 GAM ULIVC VIIILCIf
Sunshine Coast Regional Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD 4560
Attention: Michael Cantori
Strand Gardens Pty Ltd ACN 010 334 013 as trustee (Strand Gardens)
30 Noosa Parade, Noosa Heads more properly described as Lot 14 Crown Plan
N21842 County of March Parish of Weyba (Land)
Development Application for Operational Works for Prescribed Tidal Works DA
2008/1704 (DA)
Show Cause Notice
Sunshine Coast Regional Council (Council)
We refer to correspondence from the Council dated 21 April 2011 in respect of the DA.
Recent Correspondence
In the correspondence under reference, Council continues to advise that it regards
Conditions 1, 11 and 13 of the DA (2008/1704) dated 28 August 2009 are not being
complied with by Strand Gardens. However, Council has advised that it is disposed to a
variation of Condition 13 which will clearly allow for the electrical reticulation system
installed to remain. It also invited Strand Gardens to advise its intentions with regards to the
boat lifting device.
Conditions of Approval
Condition one (1) states that:
"Development undertaken in accordance with this approval must generally comply
with the approved plans of development. The approved plans are numbered and
titled:
Plan/Document No. Rev. Plan/Document Name Date
WD. 707 C12 Proposed Pontoon & Jetty 10 July 2009
by Kidd and Co Designers
and as may be amended by these conditions. "
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Sunshine coast Regional Council Emanate Legal
Attention Michael Canton 30 May 2011
BGT VG:BAK:101045:0525.01 Page 2
Condition Eleven (11) states that:
"No boatlifting devices for the purpose of elevating a vessel above the water are to
be attached or moored at the structures without prior Council approval. "
Condition Thirteen (13) states that:
"There shall be no electrical reticulation system carrying electricity in excess of 24
volts beyond the revetment wall. "
Generally Complies
Strand Gardens submits that it is not in breach of the conditions of the development
approval as the boatlifting devices, as well as the lighting situated beyond the revetment
wall on the pontoon already 'generally complies' with the approved plans of development
(Condition 1 of the DA).
However, without any admission of any breach, Strand Gardens submits as a way forward
the Council in the proper exercise of its discretion vary not only condition 13 but also
condition 11 to:
allow the two (2) boat lifting devices to remain in place (as and when required) with
the provision of additional plans (should Council require the provision of same for
approval); and
• permit the required lighting/electrical power in accordance with:
o Condition 3 of MSQ's concurrence agency response to minimise any adverse
impact on the navigation of vessels; and
o Council's Planning Policy 4, Infrastructure Code and general rights/issues
pertaining to safety, amenity, rights and privileges to the Noosa River.
Council's approval to the request for a change to the DA will ensure, in accordance with
Council Policy that the boatlifting devices has a suitable design criteria for domestic and
commercial marine structures with in Noosa (other than Noosa Waters Estate).
Permissible Change
Accordingly and in response to the Council correspondence under reference, Strand
Gardens makes a request to the Council for permissible change to the DA in respect of
Conditions 11 and 13.
Section 3671 of SPA makes provision for change to a development approval in
circumstances where a change to the approval would not:
367 What is a permissible change for a development approval
(1) A permissible change, for a development approval, is a change to the approval that would not-
(a) result in a substantially different development; or
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies; or
(ii) for an approval for assessable development that previously did not require impact assessment-require impact
assessment; or
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Sunshine coast Regional Council Emanate Legal
Attention Michael Cantori 30 May 2011
BGT.VG:BAK 101045:0525.01 Page 3
• Result in a substantially different development; or
• For an approval for assessable development that previously did not require impact
assessment - require impact assessment; or
• For an approval for assessable development that previously required impact
assessment - be likely in the responsible entity's opinion, to cause a person to make
a properly made submission objecting to the proposed change, if the circumstances
allowed; or
• Cause development to which the approval relates to include any prohibited
development.
Section 759(1)(c)2 of SPA, states that the Minister may make guidelines about the matters
to be considered in deciding whether or not a change to a development approval would
result in a substantially different development.
Statutory Guideline 06/09: `Substantially Different Development when Changing
Applications and Approvals',3 provides guidelines as to what constitutes a substantially
different development when an applicant (Strand Gardens) or an assessment manager
(Council) is considering whether a change to inter a/ia an approval, would result in a
substantially different development, which includes circumstances where the proposed
change:
• involves a new use with different or additional impacts
• results in the application applying to a new parcel of land
• dramatically changes the built form in terns of scale, bulk and appearance
changes the ability of the proposal to operate as intended. For example, reducing the
size of a retail complex may reduce the capacity of the complex to service the
intended catchment
• removes a component that is integral to the operation of the development
• significantly impacts on traffic flow and the transport network, such as increasing
traffic to the site
(c) for an approval for assessable development that previously required impact assessment-be likely, in the responsible
entity's opinion, to cause a person to make a properly made submission objecting to the proposed change, if the
circumstances allowed: or
(d) cause development to which the approval relates to include any prohibited development.
(2) For deciding whether a change is a permissible change under subsection (1)(b) or (d), the planning instruments or law in
force at the time the request for the change was made apply (the applicable law).
(3) Application of the applicable law does not stop a change mentioned in subsection (1)(b) from being a permissible change
only because the applicable law, if applied to the application as originally made, would require referral to any additional referral
agencies or involve impact assessment.
2 759 Minister may make guidelines
(1) The Minister may make guidelines about-
(c) the matters to be considered in deciding whether or not a change to a development application or a development approval
would result in a substantially different development; or
'Queensland Government: Department of Local Government and Planning (I I December 2009).
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Sunshine coast Regional Council Emanate Legal
Attention: Michael Cantori 30 May 2011
BGT:VG:BAK 101045:0525.01 Page 4
• introduces new impacts or increases the severity of known impacts
• removes an incentive or offset component that would have balanced a negative
impact of the development
• impacts on infrastructure provision, location or demand.
Strand Gardens meets each of the criteria for what constitutes a development that is not
'substantially different' as set out in section 367 of SPA and Statutory Guideline 06/09:
'Substantially Different Development when Changing Applications and Approvals', in a
request for Permissible Change for the DA in respect of Conditions 11 and 13 (together with
Condition 1) to approve:
• Boat lifting devices for the purpose of elevating a vessel above the water; and
• Electrical reticulation system carrying electricity in excess of 24 volts beyond the
revetment wall.
Amendment to Development Application
This correspondence together with the attached IDAS Form 'Request to Change an Existing
Approval Template' (effective March 2010) is Strand Gardens' request to change a
development approval, as required under section 3694 and 3705 of SPA.
We note that:
• Strand Gardens is the person with standing to make a request for permissible change
to the DA and makes this request in writing.
4 369 Request to change development approval
(1) If a person wants to make a permissible change to a development approval, the person must by written notice ask the
following entity (the responsible entity) stated for the change or approval to make the change-
(a) if the change is to a condition imposed by the Minister under part 11, division 1-the Minister,
(b) if the approval was given by the Minister under part 11, division 2-the Minister;
(c) if the change is to a condition of the approval imposed by a concurrence agency-the concurrence agency;
(d) if the approval was given by the court-the court;
(e) for another change or approval-the assessment manager for the application to which the approval relates.
(2) If a request is made to the Minister under subsection (1)(b) and the Minister is satisfied the change does not affect a State
interest, the Minister may refer the request to the original assessment manager.
(3) If the Minister refers the request to the original assessment manager, the original assessment manager is taken to be the
responsible entity for the development approval.
(4) If the development approval is for building work or operational work for the supply of community infrastructure on land
designated for the community infrastructure, a request under subsection (1) may be made only by the person who intends to
supply, or is supplying, the infrastructure.
5 370 Notice of request
(1) If the responsible entity has a form for the request under section 369, the request must be in the form.
(2) Also, the request must be accompanied by-
(a) the fee for the request-
(i) if the responsible entity is a local government-fixed by a resolution of the local government; or
(ii) if the responsible entity is another public sector entity or the Minister-prescribed under a regulation under this or another
Act; and
(b) a copy of any pre-request response notice relevant to the request; and
(c) evidence to show the person making the request has complied with section 372.
(3) Subsection (4) applies if an application for the development approval were made at the time the request is made and
evidence under section 264(1) would be required to support the application.
(4) The request must also be accompanied by the written agreement of the chief executive from whom evidence would need to
be obtained under section 264(1).
(5) The request may be accompanied by other information the person making the request considers relevant.
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Sunshine coast Regional Council Emanate Legal
Attention: Michael Cantori 30 May 2011
BGT:VG:BAK:101045:0525.01 Page 5
• Council is the responsible entity as the assessment manager of the DA.
• Council does not have an approved form to make the request (IDAS Form is
attached).
• Council's fee to assess the request is in accordance with Council's 2010-11 Register
of Regulatory Fees and Commercial Charges for Development Services: Appendix C:
Planning Assessment and Operational Works: Post Approval Process (page 20):
o Application for Request to Change or Cancel Conditions - first condition one
thousand six hundred and twenty four dollars ($1,624); and
o Plus for each additional condition requested within the same application one
hundred and forty three dollars ($143).
For the request to change conditions 11 and 13 of the DA, the total fee payable is one
thousand seven hundred and sixty seven dollars ($1,767). A cheque in this amount is
attached for Council to assess the request.
Section 3686 of SPA allows a person the discretion to make an application for a pre-
request response before a proposed change is made to a DA. Strand Gardens has
elected not to make this request to the Council.
• A copy of this correspondence will be provided to each of the referral agencies to the
DA (Council will note, each have been cc'ed to this letter). Postal confirmation slips
will be provided to the Council shortly in accordance with section 370(2)(c) and 3727
of SPA.
• Owners' consent for making the request to change Conditions 11 and 13 is attached.
Request for Approval
Strand Gardens submits that the Council should approve the requested amendments to the
conditions of the DA for the reasons provided below.
Condition 11 - Boat Lifting Devices
6 368 Notice about proposed change before request is made
(1) This section applies if a person proposes to make a request under section 369 to change a development approval.
(2) Before making the request, the person may advise any relevant entity about the person's intention to make the request and
the details of the proposed change.
(3) The relevant entity may give the person a written notice (a pre-request response notice) stating whether or not the entity
objects to the proposed change.
(4) In this section- relevant entity means an entity to whom the person would, under section 372, be required to give a copy
of the request if it were made.
' 372 Copy of request to be given to particular entities
(1) When the person makes the request, the person must give a copy of the request to the following-
(a) if the responsible entity is a concurrence agency-the assessment manager for the application to which the development
approval applies (the original application);
(b) if the responsible entity is the Minister or the court-the assessment manager and any concurrence agencies for the
original application;
(c) if the responsible entity is the assessment manager-any concurrence agencies for the original application;
(d) another entity prescribed under a regulation.
(2) Despite subsection (1), the person need not give a copy of the request to an entity that has given the person a pre-request
response notice for the request.
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Sunshine coast Regional Council Emanate Legal
Attention: Michael Canton 30 May 2011
BGT:VG:BAK 101045:0525.01 Page 6
• The siting of the dwelling on the Land extends to the site boundary which does not
allow for side access from the front to the rear of the property. Boats and jetskis must
be stored on the Noosa River or to the rear of the Land. Due to limited access along
the side boundaries of the Land, Strand Gardens is limited in accessing and utilising
the pontoon. This is demonstrated from the plans and photographs submitted as part
of the development application and response to Council's Information Request during
the IDAS process.
• It is unreasonable for Council to require Strand Gardens launch jetskis at a public boat
ramp, increasing traffic and taking car parking when suitable facilities are privately
available to Strand Gardens on the Land (especially in peak tourist periods).
• Adjoining landowners agreed to the jetty/pontoon as constructed and no complaints or
issues have been raised as a result of the construction (copy of agreement attached).
• Sufficient separation distance is provided between the jetty/pontoon and neighbouring
properties so as to ensure that no visual or physical intrusion is an issue.
• The jetty/pontoon is located at least more than two (2) metres away from the Land
boundary.
• No adverse impact (visual or otherwise) arises as a result of the boat lifting devices.
• The boat lifting devices are relatively screened by the jetty/pontoon and are
removable (only placed on the pontoon/jetty when required).
• The boatlifting devices are removal and are only placed on the jetty/pontoon when
required for use.
• Boatlifting devices are common features of private pontoons/jetties along Noosa
River. Attached are aerial photographs of several pontoons/jetties along Noosa River
which demonstrates that the proposed inclusion of the boat lifting devices is in line
with other approved structures. As can be seen the pontoon/jetty on the Land is
compatible with the siting and character of Noosa River.
• Council's Noosa Plan Scheme Policy 4 (Council's Policy) - Domestic Marine Uses
Outside of Noosa Waters Estate states at Design Criteria 1.2 that:
"Council is unlikely to approve boat lifting devices (including boat storage devices),
except for on Noosa North Shore. "
Council has the discretion to allow boatlifting devices to be installed and operate on
jetties/pontoons as evidenced by this Policy. The words 'unlikely to approve' provides
Council with the discretion to make a determination as to whether or not approval for
boat lifting devices should be granted based upon the specific circumstances
pertaining to the request. The wording of this section does not prevent Council from
allowing approval of such a device.
The pontoon/jetty on the Land does not detract from the visual amenity or cause any
adverse impact. To the contrary, the measures put in place are for the safety of any person
and/or water vessel in and around the area.
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Sunshine coast Regional Council Emanate Legal
Attention Michael Cantori 30 May 2011
BGT:VG:BAK:101045:0525.01 Page 7
In the premises of the matters stated above, the installation of these boat lifting devices is
accordance with the conditions of the development application and in particular, the plans,
the subject of the approval, alternatively, by reason of the matter stated above, condition 11
is inconsistent with the Infrastructure Uses Code and Noosa Planning Scheme Policy 4
and/or is not a reasonable and relevant condition and accordingly, unlawful.
Condition 13 - Electrical Reticulation System
The lighting and electrical system beyond the revetment wall should be approved by the
Council as:
• It is a requirement mandated by MSQ, as stipulated at Condition three (3) of the
concurrence agency response that the jetty/pontoon be sufficiently lit so as to avoid
any risk and ensure the safe passage of vessels:
"The pontoon/jetty and all freestanding piles must be lit and clearly visible to
approaching vessels. The contractor must position all lighting so it does not cause a
risk to the safe navigation of other vessels. "
• The installation of the 240v lighting beyond the revetment wall complied with condition
3 of MSQ's concurrence agency response. To the extent of any inconsistency
between a Council policy and a direction given by the State (MSQ), the marine safety
conditions as identified prevail.
• There is lighting visible on neighbouring pontoons and along the Noosa River as
evidenced by the Visual Impact Report prepared by LVO Architecture: Greg O'brien
dated 25 February 2009 and submitted to Council in response to the Information
Request. The photographs detailed in the Visual Impact Report clearly show
neighbouring pontoons with lighting beyond the revetment wall. The installation of the
lighting is in uniformity and is compatible with other jetties/pontoons along the Noosa
River.
• The neighbours to the Land agreed to the jetty/pontoon in writing and have not raised
any issue in respect of the lighting beyond the revetment wall to Strand Gardens.
• The Land (including the premises) is protected from unwanted intrusion and
vandalism.
• For the safety and wellbeing of any person treading on or about the jetty/pontoon.
• To avoid liability issues arising as a result of the inability to properly see (i.e. not well
lit).
• For the safe navigation of water vessels to avoid any unnecessary accidents or
instances.
• The overarching purpose of Design Criteria 1.16 of Council's Policy is to inter alia
ensure the "safety, amenity, rights and privileges of ... property owners are not
prejudiced, without unduly limiting what a person may do on ... tidal land fronting their
site. "
Page 8
Sunshine coast Regional Council Emanate Legal
Attention. Michael Canton 30 May 2011
BGT.VG:BAK 101045-0525.01 Page 8
In the premises of the matters state above, the installation of the electrical voltage/lighting is
in accordance with the conditions of the development application. Alternatively, by reason of
the matter stated above, condition 13 is inconsistent with the Infrastructure Uses Code and
Noosa Planning Scheme Policy 4 and/or is not a reasonable and relevant condition and
accordingly, unlawful.
Requirement to Remove
It would be impractical and expensive for Council to expect and/or insist upon Strand
Gardens to permanently remove the electrical revetment system and/or boatlifting devices.
• As regards the jetski/boatlifting devices:
o It is not a practical or reasonable measure for Council to insist upon their
immediate and permanent removal:
n As there is no means to otherwise place the jetskis on the water.
• Will cause significant difficulty to Strand Gardens by having to tow the jetski's
to a boat ramp to launch. Requiring this course of action will cause an
unnecessary increase traffic, impact on boat ramp access and impinge
upon already limited parking in and around Noosa, unnecessarily
(especially in peak tourist times).
o Rectification works for the permanent removal of the boat lifting devices and
electrical/lighting will be expensive and cause substantial damage. As such,
removal works are potentially dangerous and unreasonable.
• Removal of the electrical/lightpole and powerpoint:
o Will pose a real danger to any person using the jetty/pontoon without natural
light.
o Will place Strand Gardens in breach of Condition 3 MSQ's concurrency agency
response of the development approval.
o Creates a potentially dangerous situation for water vessels in and around the
area due to poor visibility.
o Creates a significant liability issue for Strand Gardens (which if forced to comply
with, will hold Council entirely responsible for any liability issue which may arise
as a result of no electricity/lighting).
o Raises issues pertaining to vandalism and theft for Strand Gardens and Strand
Gardens' neighbours.
Noosa and the Noosa River locality is in a state of continual development, characterised by
larger more contemporary waterfront homes which invariably demands a more sophisticated
mooring than is suggested by Council's policy, inclusive of lighting and jetski/boat lifting
devices.
Page 9
Sunshine coast Regional Council Emanate Legal
Attention: Michael Cantori 30 May 2011
BGT:VG:BAK:101045:0525.01 Page 9
Reservation of Rights
Strand Gardens reserves their rights to commence proceedings in accordance with inter alia
section 4568 of SPA for an order and/or declaration in respect of the Development Approval
and seek the costs of and incidental to legal proceedings.
Future Action
Strand Gardens submits that the proposed change to the development approval in respect
of Conditions 1, 11 and 13:
• has been properly requested in accordance with SPA;
• constitutes a permissible change as defined in SPA; and
• should be approved by the Council.
The Council should approve to change the DA allowing:
• two (2) jetski/boatlifting devices (one at each end of the pontoon); and
• 240v electrical/lightpole and power beyond the revetment wall on the pontoon.
The amended development approval would not have any adverse impact on the Council or
any member of the public.
We await Council's approval of the request to change the DA.
a
456 Court may make declarations and orders
(1) Any person may bring a proceeding in the court for a declaration about any of the following-
(a) a matter done, to be done or that should have been done for this Act other than a matter for chapter 6, part 11;
(b) the construction of this Act, planning instruments and master plans under this Act and guidelines made under
section 117, 145, 627 or 630(1);
(c) the construction of a land use plan under the Airport Assets (Restructuring and Disposal) Act 2008 and chapter 3, part 1 of
that Act;
(d) the construction of the Brisbane port LUP under the Transport Infrastructure Act;
(e) the lawfulness of land use or development.
(2) However, an assessment manager may bring a proceeding about a matter done, to be done or that should have been done
for chapter 6, part 11, division 2 for a development application if, when the application was called in under that part, the
assessment manager-
(a) had not decided the application; or
(b) had refused the application.
(3) The proceeding may be brought on behalf of a person.
(4) If the proceeding is brought on behalf of a person, the person must consent or if the person is an unincorporated body, its
committee or other controlling or governing body must consent.
(5) A person on whose behalf a proceeding is brought may contribute to, or pay, the legal costs incurred by the person
bringing the proceeding.
(6) The court has jurisdiction to hear and decide a proceeding for a declaration about a matter mentioned in subsection (1).
(7) The court may also make an order about a declaration made by the court.
(8) If a person starts a proceeding under this section, the person must, on the day the person starts the proceeding, give the
chief executive written notice of the proceeding.
(9) If the Minister is satisfied the proceeding involves a State interest, the Minister may elect to be a party to the proceeding by
filing in the court a notice of election in the approved form.
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Sunshine coast Regional Council Emanate Legal
Attention: Michael Canton 30 May 2011
BGT: VG: BAK:101045:0525.01 Page 10
Should you have any further queries, please contact Venesa Gleeson.
Yours faithfully
Writer: Venesa Gleeson
Direct: 4727 0100
Email: [email protected]
CC:
Referral Agency Address Referral Status Referral Trigger
DERM (EPA) Eco Access Customer Concurrence Operational Works that
Service Unit is Prescribed Tidal
GPO Box 15155 Works.
CITY EAST QLD 4002
Queensland Transport - MacArthur Avenue East Concurrence Operational Works that
Maritime Safety PINKENBA QLD 4008 is Prescribed Tidal
Works.
Page 11
ANNEXURE ONE
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30 noosa parade, noosa heads - Google Maps Page I of 18
To see all the details that are visible on the
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http. maps.google.com.au maps`'hI-en&tab=wI 15/03/2011
Page 18
30 noosa parade. noosa heads - (k)ogle Maps Pace I of „ L,OUA e maps http maps google corn.au-maps?hl-en&tab=wI 15/03/2011
Page 19
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ANNEXURE TWO
Request to Change an existing Approval and Owners Consent
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ANNEXURE TWO
Request to Change an existing Approval and Owners Consent
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nOn Integrated Development Assessment System template
Request to change an existing approval template
(Sustainable Planning Act 2009 version i.i effective March 2010)
This template may be used for giving a written notice asking the responsible entity to make a permissible change to a
development approval under section 369 of the Sustainable PlanningAct2009(SPA). It should be noted that if the
responsible entity for the request has a form for the request, the request must made using that form.
This template must be lodged with the following entity (the responsible entity) as applicable:
• if the change is to a condition imposed by a Minister under chapter 6, part ii, division i of SPA the template must be
lodged with the Minister that imposed the condition
• if the approval was given by a Minister under chapter 6, part ii, division 2 of SPA the template must be lodged with
the Minister that gave the approval
• if the change is to a condition of the approval imposed by a concurrence agency the template must be lodged with the
concurrence agency
• if the approval was given by the Planning and Environment Court the template must be lodged with the Planning and
Environment Court
• in all other cases the template must be lodged with the assessment manager for the original development application.
Attach extra pages if there is insufficient space on this template. Terms used in this template having the meaning given in
the Sustainable PlanningAct 2009.
1. Who is making the request?
Name/s (individual or company name in full) Emanage Legal
For companies, contact name Venesa Gleeson
Postal address PO Box 1984
Townsville Qld 4810
Contact phone number (07) 4727 0100
Mobile number (non-mandatory)
Fax number (non-mandatory) (07) 4727 0150
e-mail address (non-mandatory) fvglees on
@q emanatelegal.com.au
Department of Infrastructure and Planning Qplan Queensland
Government
Page 28
2. What are the details of the existing approval sought to be changed?
Type of approval Identification number Date decision notice Name of entity that issued the approval or
or negotiated imposed the condition sought to be changed
decision notice
issued
q Development
permit 2008/1704 29 April 2009 Sunshine Coast Regional Council
q Preliminary
approval
3. Is the approval for a mobile and temporary environmentally relevant activity (ERA)?
® No
q Yes-complete table A and then go to question 5
Table A-name of each local government area in which the mobile and temporary ERA is proposed to operate/ is operating
4. Location of the premises (complete table B and/or table C as applicable. Identify each lot in a separate row)
Table B-street address/lot for the premises or street address/lot on plan for the land adjoining or adjacent to the
premises
q street address/lot on the plan
q street address/lot on plan for the land adjoining or adjacent to the premises (appropriate for development in
water e.g. jetty, pontoon)
Street address Lot on plan description Local government area
(e.g. Logan. Cairns)
Unit Street Street name and official suburb/ Post- Lot no. Plan type
no. no. locality name code and plan no.
Noosa Parade, 4567 14 N21842 Sunshine Coast
30
Noosa Heads, Qld
Marrh
Page 29
Table C-premises coordinates (appropriate for development in remote areas, over part of a lot or in water e.g. channel
dredging in Moreton Bay)
Coordinates Zone Datum Local government
(note: place each set of coordinates in a separate row) reference area (if applicable)
Easting Northing Latitude Longitude
q GDA94
q WGS84
El Other
5. Details of the proposed change
Attached
6. Is owner's consent required for this request? (refer to notes at the end of this form for more information)
El No
Yes-complete either table D or table E as applicable
I
Table D
Name of owner of the land
I, the above-mentioned owner of the land, consent to the making of this request.
Signature of owner of the land
Date 30 May 2011
Table E
Name of owner of the land
[X] The owner's written consent is attached
Page 30
7. Does the request involve a state resource prescribed under the Sustainable PlanningRegulaton 2009, schedule
14? (e.g. the application involves state land, or taking quarry materials. Refer to the notes at the end of this form for more
information)
No Yes-the written agreement of the chief executive from whom evidence would need to be obtained
7 q
under the Sustainable PlanningAct20o9, section 254(1) must be attached.
8. Has a pre-request response notice been given for this request?
No
q
Yes-a copy of the pre-request response notice must be attached to this request
q
9. Is a copy of this request required to be given to another entity under section 372 of the Sustainable PlanningAct
2009? (refer to notes at the end of this form for more information)
q No
q Yes-complete Table F
Table F
A copy of this request has been provided to the entities identified below (provide details for each entity given a copy of the
request and the date the copy was given)
q Assessment manager for the
original application
q Concurrence agencies for the
original application
q Any other entity prescribed by
a regulation
io. Provide details of any other supporting information attached to this request
Notes for completing this template
. This template is not an approved form under the Sustainable PlanningAct2oo9. The entity responsible for deciding the
request may have their own form for the purpose of making a written request to change an existing development approval.
A change to an existing development approval may involve:
a change to an approval given by the assessment manager
o a change to a condition imposed by a concurrence agency
o a change to an approval given by the Minister under a Ministerial call in
o a change to a condition imposed by the Minister under a Ministerial direction
o a change to an approval given by the Planning and Environment Court
Version 1.1 March 2010
Page 31
Question 6:
• Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to
which the approval relates, the request must be accompanied by the owner's consent.
• However, owner's consent is not required if the approval:
relates to land that was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied
when the application for the approval was made
is for building work or operational work for the supply of community infrastructure on land designated for the
community infrastructure, or
c the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a
development application were made for the requested change
• Also, owners' consent is not required if the responsible entity is satisfied that:
the number of owners of the land make it impracticable to obtain owners' consent, and the requested change does
not materially affect the owners' land, or
having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the
requested change does not materially affect the owner's land.
Question 7:
• Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval
were made at the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009
would be required to support the application, this request must be accompanied by the written agreement of the chief
executive from whom evidence would be required under section 264(1). (Section 264 of the Sustainable Planning Act 2009
provides that if a development involves a State resource, a regulation may require the application to be supported by
certain evidence prescribed under the regulation. Schedule 14 of the Sustainable Planning Regulation 2009 prescribes the
State resources for which evidence is required to be given, and the evidence required, to support the application.)
Question 9:
• Section 372 of the Sustainable Planning Act 2009 requires that a copy of the request be given to:
the assessment manager for the original application, if the request is made to a concurrence agency, the Minister, or
the court
any concurrence agencies for the original application, if the request is made to the assessment manager for the
original application, the Minister or the court
any other entity prescribed by a regulation.
• However, a copy of the request is not required to be given to an entity that has given a pre-request response notice for the
request.
OFFICE USE ONLY
Date received Reference numbers
Ii
Version 1. 1 March 2010
Page 32
Company owner's consent to the making of a development application
under the Sustainable Planning Act 2009
I, BARRY GORDON TAYLOR
Director of the below mentioned company and
(insert position In fill!- i.e another director. or a company secretary Delete the above name and company position if not
applicable. r. e for a proprietary company that has a sole director who is also the sole company secretary only that director
needs to complete the owners consent)
of STRAND GARDENS ACN 010 334 031
as owner of premises identified as follows:
3G N00,'.,';, PARADE. NOOSA HEADS ;N THE STATE OF QUEENSLAND MORE PROPERLY DESCRIBED AS LOT 14
N21842 COUNTY OF 444HCH PARISH WE YEA
ates of the premises the subject of the applicatic
consent to the making of a development application under the Sustainable Planning Act 2009 by
EMANATE LEGAL
on the premises described above for the purposes of
CHANGE OF CONDITIONS TO THE DEVELOPMENT APPROVAL (2008/1704) dated 28 August 2009
signed on the 30 day of MAY 2011 ._
;s+gnature of Urrectorico pal
signed on the day of 20-
Company seal use
W* Sustainable Planning Act 2009 is administered by the Department of Infrastructure and Planning. Queensland Govenunent
Page 33
ANNEXURE THREE
Title Search
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ANNEXURE THREE ron]
Title Search
Page 1
emanate
Page 34
Page 1 of 2
Th
CURRENT TITLE SEARCH
NATURAL RESOURCES AND WATER, QUEENSLAND
Request No: 4733766
Search Date: 25/08/2008 17:06 Title Reference: 15798246
Date Created: 19/09/1978
REGISTERED OWNER
Dealing No: 710951813 30/08/2007
STRAND GARDENS PTY LTD A.C.N. 010 334 031
TRUSTEE
UNDER INSTRUMENT 710951813
ESTATE AND LAND
Estate in Fee Simple
LOT 14 CROWN PLAN N21842
County of MARCH Parish of WEYBA
Local Government: SUNSHINE COAST
EASEMENTS, ENCUMBR ANCES AND INTERESTS
1. Rights and interests reserved to the Crown by
Deed of Grant No. 15798246 (ALLOT 14 SEC 17)
2. MORTGAGE No 710951816 30/08/2007 at 14:00
WESTPAC BANKING CORPORATION A.B.N. 33 007 457 141
3. TRANSFER No 711860479 15/08/2008 at 12:30
MORTGAGE: 710951816
NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937
4. MORTGAGE No 711860480 15/08/2008 at 12:30
NATIONAL AUSTRALIA BANK LIMITED A.B.N. 12 004 044 937
ADMINISTRATIVE ADVICES - NIL
UNREGISTERED DEALINGS - NIL
CERTIFICATE OF TITLE ISSUED - No
Caution - Charges do not necessarily appear in order of priority
** End of Current Title Search **
COPYRIGHT THE STATE OF QUEENSLAND (NATURAL RESOURCES AND WATER) [2008]
Requested By: D APPLICATIONS GLOBAL X
Page 1/1
http://peteratkinson.gxs.com.au/cgi-bin/dnr/titlesearch?ref'-- 15798246& 25/08/2008
Page 35
ANNEXURE FOUR
Company Search
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ANNEXURE FOUR
Lo
ray
Company Search
©
emanate
Page 1
Page 36
Current Company Extract for STRAND GARDENS PTY. LTD.
Extracted from ASIC database on 10/09/2008 at 08.01
This computer-produced extract contains information derived from the ASIC database. either from documents lodged with the ASIC
(and processed as at the stated date of the extract). or from records supplied by previous State and/or Territory systems. Please
inform the ASIC promptly of any error or omission which you may find. so that we can correct it. The Information Division of the
Australian Securities and Investments Commission is certified under the Australian Quality Standard AS 3901 (International Standard
ISO 9001).
Corporation Details Document Number
Name: STRAND GARDENS PTY. LTD. 01033403B (AR 1991)
A.C.N.: 010334031
A.B.N.: 90010334031
Registered In: OLD
Registration Date: 05/08/1981
Previous State number: 81T00755M
Organisation Number Type: A.C.N. (Australian Company Number)
Review Date: 05/08/2009
Details Start Date: 15/05/1992
Status: Registered
Name Start Date: 24/06/1982
Type: Australian Proprietary Company
Class: Limited by Shares
Subclass: Proprietary Company
Disclosing Entity: No
Company Addresses Document Number
Address Type: Registered Office 7E1328210
EMANATE LEGAL
Address: 168 FLINDERS ST E
TOWNSVILLE, OLD 4810
Start Date; 29/10/2007
Address Type: Principal Place of Business 7E1328210
168 FLINDERS ST E
Address: TOWNSVILLE, OLD 4810
Start Date: 01110/2007
Address Type: Address for ASIC Company Communication
PO BOX 1984
Address: TOWNSVILLE. OLD 4810
Start Date: 12/10/2005
Company Officers Document Number
Role: Director 7E1329826
Name: TAYLOR, BARRY GORDON
48 VICTORIA STREET
Address:
NORTH WARD. OLD 4810
Birth Details: 15108/1956 BRISBANE OLD
Appointment Date: 30/06/1983
Role: Director 7E1367209
Name: TAYLOR, JOANNE MURIEL
48 VICTORIA STREET
Address: NORTH WARD . OLD 4810
Birth Details: 27/01/1960 TOWNSVILLE OLD
Appointment Date: 01/11/2007
Role: Secretary 7E1329826
Page 37
Company Officers Document Number
Name: TAYLOR. BARRY GORDON
48 VICTORIA STREET
Address:
NORTH WARD, QLD 4810
Birth Details: 15/08/1956 BRISBANE QLD
Appointment Date: 30/04/1982
Share Structure Document Number
Share Class: ORD1 (ORDINARY SHARES) OE0780562(AR 1996)
Number of Shares Issued: 2
Amount Paid: $2.00
Total Unpaid: $ 0.00
Note: For each class of shares issued by a proprietary company. ASIC records the details of the top twenty members of the class
(based on shareholdings). The details of any other members holding the same number of shares as the twentieth-ranked member
will also be recorded by ASIC on the database. Where available, historical records show when a member has ceased to be
ranked amongst the top twenty members. This may. but does not necessarily mean, that they have ceased to be a member of the
company.
Shareholders Document Number
Class: ORD1 7E1329826
Number Held: 1
Beneficially Held: Yes
Fully Paid: Yes
Shareholder Name: TAYLOR, JOANNE MURIEL
48 VICTORIA STREET
Address:
NORTH WARD, QLD 4810
Joint Holding Indicator: No
Class: ORD1 7E1329826
Number Held: 1
Beneficially Held: Yes
Fully Paid: Yes
Shareholder Name: TAYLOR. BARRY GORDON
48 VICTORIA STREET
Address:
NORTH WARD, OLD 4810
Joint Holding Indicator: No
Charges and Related Documents Document Number
ASIC Charge Number: 474040
Charge Status: Satisfied
Charge Type (fixed/floating): Fixed
Time Registered: 10:30
Date Registered: 1210111995
Date Created: 04/01/1995
Chargee/Trustee: 15485 GE FINANCE AUSTRALASIA PTY LTD
Documents:
Form Code:309 7 Pages Lodged: 12/01/1995 Processed: 12/01/1995 008807494
309 NOTIFICATION OF
309A DETAILS OF A CHARGE
Form Code:312 I Page Lodged: 22/05/2007 Processed: 30/05/2007 023761741
312 NOTIFICATION OF
312A DISCHARGE
Page 38
Charges and Related Documents Document Number ASIC Charge Number: 1241738 Charge Status: Satisfied Charge Type (fixed/floating): Both Fixed and Floating Time Registered: 15:08 Date Registered: 09/12/2005 Date Created: 28/1 Of2OO5 Chargee/Trustee: 7457141 WESTPAC BANKING CORPORATION Documents: Form Code:309 30 Pages Lodged: 09/12/2005 Processed: 09/12/2005 022516725 309 NOTIFICATION OF 309A DETAILS OF A CHARGE Form Code:312 1 Page Lodged: 04/12/2007 Processed: 09/01/2008 024234951 312 NOTIFICATION OF 312C RELEASE OF PROPERTY Form Code:312 1 Page Lodged: 06/03/2008 Processed: 14/04/2008 024512658 312 NOTIFICATION OF 312A DISCHARGE ASIC Charge Number: 1455153 Charge Status: Satisfied Charge Type (fixed/floating): Fixed Time Registered: 09:48 Date Registered: 21/05/2007 Date Created: 08/05/2007 Chargee/Trustee: 7457141 WESTPAC BANKING CORPORATION Documents: Form Code:309 27 Pages Lodged: 21/05/2007 Processed: 21/05/2007 023322278 309 NOTIFICATION OF 309A DETAILS OF A CHARGE Form Code:312 1 Page Lodged: 06/03/2008 Processed: 14/04/2008 024512659 312 NOTIFICATION OF 312C RELEASE OF PROPERTY Form Code:312 I Page Lodged: 24/06/2008 Processed: 25/06/2008 024796589 312 NOTIFICATION OF 312A DISCHARGE ASIC Charge Number: 1556199 Charge Status: Registered Charge Type (fixedlfloating): Fixed Time Registered: 13:10 Date Registered: 06/12/2007 Date Created: 12/11/2007 C hargeelTrustee: 7457141 WESTPAC BANKING CORPORATION Document: Form Code:309 28 Pages Lodged: 06/12/2007 Processed: 07/12/2007 024387059 309 NOTIFICATION OF 309A DETAILS OF A CHARGE ASIC Charge Number: 1681381 Charge Status: Registered Charge Type (fixed/floating): Both Fixed and Floating Time Registered: 11:35 Date Registered: 18/08/2008 Date Created: 06/06/2008 Chargee/Trustee: 4044937 NATIONAL AUSTRALIA BANK LIMITED Document: Form Code:309 15 Pages Lodged: 18/08/2008 Processed: 19/08/2008 023107881 309 NOTIFICATION OF 309A DETAILS OF A CHARGE
Page 39
State Received Date Form Code Status
OLD 16/12/1983 CCF055 NOFE
QLD 23/10/1986 CCF066 FP
OLD 23/1011986 CCF061 FP
OLD 30/0111987 CCF066 FP
OLD 30/01/1987 CCF061 NOFE
OLD 30/01/1987 CAAKA3C NOFE
OLD 18/02/1987 CCF055 NOFE
OLD 10/02/1988 CAAKA32A NOFE
OLD 10/02/1988 CCF066 FP
OLD 24/05/1988 CCF055 NOFE
OLD 17/02/1989 CCF061 FP
OLD 17/02/1989 CCF066 FP
OLD 28/02/1990 CCF066 FP
Document List
Form Type Pages Received Processed Effective 0 .cement Number
309 7 12/01/1995 12/01/1995 008807494
309 NOTIFICATION OF
309A DETAILS OF A CHARGE
312 1 22/05/2007 30105/2007 023761741
312 NOTIFICATION OF
312A DISCHARGE
309 30 09/12/2005 09/12/2005 022516725
309 NOTIFICATION OF
309A DETAILS OF A CHARGE
312 1 04/12/2007 09/01/2008 024234951
312 NOTIFICATION OF
312C RELEASE OF PROPERTY
312 1 06/03/2008 14/04/2008 024512658
312 NOTIFICATION OF
312A DISCHARGE
309 27 21/05/2007 21/05/2007 023322278
309 NOTIFICATION OF
309A DETAILS OF A CHARGE
312 1 06/03/2008 14/04/2008 024512659
312 NOTIFICATION OF
312C RELEASE OF PROPERTY
312 1 24/06/2008 25/06/2008 024796589
312 NOTIFICATION OF
312A DISCHARGE
309 28 06/12/2007 07/1212007 024387059
Page 40
Form Type Pages Received Processed Effective Document Number
^.^->.. , _:-^ ,,.^.. •.:^.:.^..^....-,. ti:.,-.. ,.:.tea.,,
309 NOTIFICATION OF
309A DETAILS OF A CHARGE
309 15 1810812008 19/08/2008 023107881
309 NOTIFICATION OF
309A DETAILS OF A CHARGE
484 2 19/11/2007 19111 /2007 19/11/2007 7E1367209
484E Change to Company Details Appointment or Cessation of A Company Officeholder
484 2 23/10/2007 23/10/2007 23/10/2007 7E1329826
484 Change to Company Details
484A1 Change Officeholder Name or Address
484A2 Change Member Name or Address
484 2 22/10/2007 22110/2007 22/10/2007 7E1328210
484 Change to Company Details
484B Change of Registered Address
484C Change of Principal Place of Business (Address)
9201 99 03/03/2006 03/03/2006 03/03/2006 021483256
9201 Pre 1991 Company Documents
484 2 12/10/2005 12/10/2005 12/10/2005 7E0511307
484E Change to Company Details Appointment or Cessation of A Company Officeholder
316 3 31/01/2003 06/02/2003 31/01/2003
316L Annual Return Annual Return - Proprietary Company
316 3 3110112002 09103/2002 31/01/2002 01033403L
316L Annual Return Annual Return - Proprietary Company
316 4 31/0112001 01/0212001 31/01/2001 014109426
316L Annual Return Annual Return - Proprietary Company
316 3 10/02/2000 16/03/2000 07/01/2000 OE4297822
316 Annual Return
316L Annual Return - Proprietary Company
316X Edge Lodgement Program - Extension of Time
316 4 12/08/1998 12/08/1998 26/06/1998 OE2188165
316L Annual Return Annual Return - Proprietary Company
316 4 29/01/1998 31/01/1998 31/12/1997 0E1826747
316L Annual Return Annual Return - Proprietary Company
316 4 30/11/1996 03/12/1996 29/11/1996 OE0780562
316L Annual Return Annual Return - Proprietary Company
316 4 01/12/1995 01/12/1995 30/11/1995 01033403F
316L Annual Return Annual Return - Proprietary Company
316 4 27/02/1995 28/02/1995 30/12/1994 01033403E
316L Annual Return Annual Return
316 4 14/02/1994 09/03/1994 31/12/1993 01033403D
Page 41
Form Type Pages Received Processed Effective Document Number
316L Annual Return Annual Return
316 4 11/11/1992 12/11/1992 11/11/1992 01033403C
316 Annual Return
316E Corrections
316L Annual Return
316 4 15/05/1992 27105/1992 15/05/1992 010334036
316 Annual Return
316E Corrections
316L Annual Return
316 4 10/01/1991 17/05/1991 10/01/1991 1033403A
316 Annual Return
316E Corrections
316L Annual Return
"" End of Report ""
Page 42
ANNEXURE FIVE
Neighbours Approval
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ANNEXURE FIVE
Neighbours Approval
emanate
Page 43
Mr Arthur Eady
131 Clarence Street
Sydney NSW 2000
Sunshine Coast Regional Council
PO Box 141
Tewantin Q 4565
Re: Proposed domestic marine uses - 30 Noosa Parade, QLD
I am an adjoining property owner to 30 Noosa Parade.
I have perused the plans for the application for the domestic marine uses along
the river frontage at 30 Noosa Parade, Noosa Heads.
I have no objection to the proposed application and fully support Strand
Gardens Pty Ltd in its application.
Yours sincerely
Arthur Eady
Page 44
Mr John Nicholson
c/- Nicholson
Management Pty
Ltd
PO Box 1020
Archerfield Q. 4108
Sunshine Coast Regional Council
PO Box 141
Tewantin Q 4565
Re: Proposed domestic marine uses - 30 Noosa Parade, QLD
I am an adjoining property owner to 30 Noosa Parade.
I have perused the plans for the application for the domestic marine uses along
the river frontage at 30 Noosa Parade, Noosa Heads.
I have no objection to the proposed application and fully support Strand
Gardens Pty Ltd in its application.
Used in these records
Request a Change to Existing Approval & Response to Show Cause Notice -142008.1704.4Related documentApplication case desk ↗
Request a Change to Existing Approval & Response to Show Cause Notice -142008.1704.4Related documentApplication case desk ↗
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