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 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.