4325Planning Report

MU N RO Munro Thompson level 2, 77 Mooloolabs Espl
Lawyers Pty Lid PO Box 5 Mooloolabo Qld 4557

THOMPSON Phone 07 5444 3466 ABN 91 079 660 067

Fax 07 5444 2150 munrothompson.com.au

15 March 2017

Our Ref: 1700404

Noosa Council
PO Box 141
TEWANTIN QLD 4565

Dear Sir/Madam,

OUR CLIENT: TEA 4 TWO PTY LTD
APPLICATION NUMBER: PLM17/0003
PROPERTY: 23 TEWANTIN ROAD, COOROOY

| act for the Applicant in the above-mentioned Application.

| refer to Section 4 “Advice & Information” in your office’s Pre-Lodgement Notes dated 31 January 2017.

More specifically, | refer to my client's suggestion that the Development Approval include a condition
requiring the Community Management Statement to include a condition requiring the Lot to be developed in
accordance with the Development Approval.

Such conditions would be legal and enforceable as follows:

1.

1700404:2656124

NOOSA COUNCIL

Under section 244 of the Sustainable Planning Act 2009 (Qld) (the Planning Act") a Development
Approval includes any conditions imposed by the Assessment Manager.

Failure to comply with a condition in the Development Approval requiring a condition be included in the
Community Management Statement, would constitute a Development Offence under section 580 of
the Planning Act, having a maximum penalty of 1665 penalty units.

As it would constitute a Development Offence, Noosa Council would be entitled to issue the holder of
the Development Approval with an Enforcement Notice under section 590 of the Planning Act.

THE BODY CORPORATE/ OWNER OF LOT IN A TWO-LOT SCHEME

The relevant condition should be included in the By-Laws of the Community Management Statement.
Section 169(1)(b)(i) of the Body Corporate and Community Management Act 1997 (Qld) (‘the Act’)
states that By-Laws may provide for the regulation of, including conditions applying to, the use and
enjoyment of lots included in the scheme.

Failure to comply with the relevant By-Law would be enforceable as follows:

(1) In the case of a Two-Lot Scheme, by a Contravention Notice to the relevant lot owner from the
other lot owner under sections 183B to 183D of the Act; and

Member of Law Australasia

  

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