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 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.