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

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.