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 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.