Request a Change to Existing Approval & Response to Show Cause Notice -142008.1704.4

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