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Request for Negotiated Decision Notice

Attached to the e-mail Request for Negotiated Decision Notice REC16/0015.

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SUNSHINE COAST

27 September 2016
Job Ref: M2683

Noosa Council
[email protected]



Att: Wilhelm Koschade – Development Planner
Re: Request for Negotiated Decision Notice - Preliminary Approval to Reconfigure a Lot (1 Lot into 2 Lots and
Access Easement) over land at 2 David Low Way, Castaways Beach and described as Lot 71 on MCH2854
(Council Ref: REC16/0015)



Dear Wilhelm

We refer to the recent Preliminary Approval for Reconfiguration of a Lot (1 Lot into 2 Lots and Access Easement)
issued over the above site on 15 September 2016. In accordance with s366 of the Sustainable Planning Act 2009
we hereby suspend the applicant’s appeal period and request that a Negotiated Decision Notice be issued
addressing a number of conditions and general items contained within the approval package.

The aspects of the Preliminary Approval we wish to negotiate are as follows:

1.0 TYPE OF APPROVAL

We request, subject to our representations below, that the approval be upgraded to a Development Permit for
Reconfiguration of a Lot (1 Lot into 2 Lots and Access Easement).

2.0 RELEVANT PERIOD

As the development will involve operational works component, we request the relevant period be extended to 4
years, as per the relevant period provisions of the Sustainable Planning Act 2009. The new relevant period is
requested as 15 September 2020.

3.0 CONDITIONS

Condition 1(a)

A Bushfire Management Plan has been prepared by Bushfire Risk Reducers and is enclosed with this
correspondence. The BMP recommends a minimum 12m setback for the dwelling on Lot 1 and a 10m setback for
the dwelling on Lot 2, along with a construction rating of BAL 29 for any future dwellings.

The required setbacks have been incorporated into the proposal by a combination of reducing and relocating the
building envelopes, as well as rationalising the boundary of the proposed vegetation covenant. This is considered


                    BRISBANE                                                  SUNSHINE COAST                                            CENTRAL QUEENSLAND
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                    PO Box 3634, South Brisbane Qld 4101                      P 07 5450 3900 F 07 5443 4759                             P 07 4839 4100 F 07 4972 5444
                    P 07 3012 0100 F 07 3112 1958
                    JFP URBAN CONSULTANTS PTY LTD. ABN 79 050 414 045 MEMBERSHIPS. UDIA. PCA. PIA. UDAL. SSSI. RPECQ. AILA. WEBSITE. WWW.JFP.COM.AU
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an appropriate response and will still ensure the protection of 4,590m2 of existing significant vegetation, which
represents over 47% of the site area. It is noted the current situation does not include any long term statutory
protection of the existing vegetation and, as such, we argue that the proposed subdivision will enable better
protection of this vegetation in perpetuity.

We request Council amend this condition to reflect the findings of the Bushfire Management Plan, including
specific setbacks for future dwellings and include the BMP as a referenced document within the Decision Notice.

Condition 1(b)

An Effluent Disposal Report has been prepared by Duke Environmental and is enclosed with this correspondence.
The report demonstrates that the existing systems are sub-standard in relation to current industry standards
however this is to be expected given the age of the existing systems.

The report also confirms that the existing systems do not encroach over the proposed lot boundary and will
accord with the proposed covenant areas. Any new system to be installed will also comply with these
requirements.

Given the likelihood of the existing dwellings being demolished and new dwellings constructed, it is requested
that Council replace this condition with a requirement to upgrade or replace the existing septic systems to accord
with current industry standards prior to building approval being issued over each respective lot.

Condition 3

We request this condition be updated to reflect the amended Reconfiguration Plan dwg no. M2683-01C enclosed
with this correspondence.

Condition 6

We argue that it is unreasonable and onerous for Council to require the rehabilitation of the area of land outside
the property boundary, south east of the residence on proposed Lot 2, on the grounds that we are not increasing
the development yield on the site and therefore not creating any additional impacts beyond the site boundary.
Any clearing of this area has been undertaken historically over many years and it is not the responsibility of the
property owner to rehabilitate Council land due to historical degradation unless this is a specific consequence of
the development.

Further, given we are providing over 47% of the site area as vegetation covenant, which will include the removal
of any declared weed species to enable natural regeneration, we argue that this provides a significant long term
environmental benefit compared to the existing situation.

Condition 7

We request this condition be updated to reflect the amended Reconfiguration Plan dwg no. M2683-01C enclosed
with this correspondence, which shows an amended vegetation covenant boundary in response to the required
bushfire setbacks.




JFP Ref: M2683                                                                                                 Page 2

Page 3

Advisory Note 2

We request clarification as to whether the approval is subject to infrastructure charges. Given there are already
two existing dwellings on the site, and the proposal does not involve an increase in the number of dwellings, we
argue that infrastructure charges should not be applicable.

We look forward to receiving Council’s Negotiated Decision Notice for the application as soon as possible. Should
you require any clarification on any of the above issues please do not hesitate to contact Graeme Bews of this
office to discuss.



Yours faithfully,




GRAEME BEWS
Associate Director – Planning & Urban Design
JFP URBAN CONSULTANTS PTY LTD




Encl:     Reconfiguration Plan dwg no. M2683-01C
          Bushfire Management Plan prepared by Bushfire Risk Reducers
          Effluent Disposal Report prepared by Duke Environmental

CC:       Kenlynn Pty Ltd




JFP Ref: M2683                                                                                                Page 3

Page 4

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                                                                                                                                                                                                                                                                                                                                      NOTES
                                                                                                                                                                                                                                                                                                                                      (1) This plan was prepared for the purpose and exclusive use of KENLYNN PTY LTD
                                                                                                                                                                                                                                                                                                                                      to accompany an application to NOOSA SHIRE COUNCIL for a Development
                                                                                                                                                                                                                                                                                                                                      Permit to Reconfigure the land described in the plan and is not to be used for any
                                                                                                                                                                                                                                                                                                                                      other purpose or by any other person or corporation.
                                                                                                                                                                                                                                                                                                                                      JFP URBAN CONSULTANTS PTY LTD accepts no responsibility for any loss or
                                                                                                                                                                                                                                                                                                                                      damage suffered howsoever arising to any person or corporation who may use or
                                                                                                                                                                                                                                                                                                                                      rely on this plan in contravention to the terms of this clause or clauses 2, 3, 4, 5
                                                                                                                                                                                                                                                                                                                                      or 6 hereof.

                                                                                                                                                                                                                                                                                                                                      (2) The contours on this plan are approximate and are suitable only for the
                                                                                                                                                                                                                                                                                                                                      purpose of this application. The accuracy of the contours has not been verified
                                                                                                                                                                                                                                                                                                                                      and no reliance should be placed upon such contours for any purpose other than
                                                                                                                                                                                                                                                                                                                                      for the purpose of this application.

                                                                                                                                                                                                                                                                                                                                      (3) The dimensions, areas, size and location of improvements, flood information
                                                                                                                                                                                                                                                                                                                                      (if shown) and number of lots shown on this plan are approximate only and may
                                                                                                                                                                                                                                                                                                                                      vary.
                                                                                                                                                     LEGEND                                                                                                                                                                           (4) The positions of vegetation shown on this plan has been interpreted from
                                                                                                                                                                                                                                                                                                                                      aerial photography and are approximate only.
                                                                                                                                                     SUBJECT SITE                                                                 PROPERTY DESCRIPTION
                                                                                                                                                                                                                                                                                                                                      (5) Safety in Design
                                                                                                                                                                                                                                  PROPOSED LOTS 1 & 2                                                                                 The Urban Design for the layout proposal has been developed to meet the stated
                                                                                                                                                     VEGETATION COVENANT                                                          CANCELLING                                                                                          project brief, as expressed in JFP Urban Consultants Offer for the works, and the
                                                                                                                                                                                                                                                                                                                                      Design Standards stipulated by the Local Authority named on this plan.
                                                                                                                                                                                                                                  LOT 71 ON MCH2854                                                                                   Non-standard design solutions adopted in the preparation of the layout are listed
                                                                                                                                                     INDICATIVE BUILDING ENVELOPE                                                 PARISH OF WEYBA                                                                                     as follows;
                                                                                                                                                                                                                                                                                                                                         · None
                                                                                                                                                                                                                                  COUNTY OF MARCH
                                                                                                                                                                                                                                  TOTAL AREA 9677m² (Deed)                                                                            (6) This plan may not be reproduced unless these notes are included.


                                                                                                NORTH:   SCALE:                                                                                            ISSUES:                                                      TITLE:                                                                                                                                 DETAILS:
                                                                                                                                                                                                                                                                                                                                                                                                                 PROJECT:                STAGE:        PLAN:          ISSUE:
                                                                                                         SCALE: @ A3 1:1000
                               BRISBANE - SUNSHINE COAST - CENTRAL QLD   PLANNERS                        0            10           20           30            40           50           60            70
                                                                                                                                                                                                                                                                         RECONFIGURATION PLAN                                                                                                                    M2683 0                               01             C
                               SUNSHINE COAST                            URBAN DESIGNERS                  SCALE 1:1000 at (A3) size                                                                                                                                                                                                                                                                              SHEET:

                               237-239 Bradman Avenue,                                                   THIS SCALE SHOWN IS ORIGINAL DRAWING SCALE - (A3 SIZE)                                                                                                                                                                                                                                                 1 OF 1
                                                                         SURVEYORS                                                                                                                          C        AMEND BUILDING ENVELOPES        13-09-16   DWW
                                                                                                                                                                                                                                                                         KENLYNN PTY LTD
                                                                                                N




                               Maroochydore Qld 4558                                                     DO NOT SCALE FROM THIS DRAWING - USE ONLY DIMENSIONS PROVIDED - IF IN DOUBT PLEASE ENQUIRE
                                                                                                                                                                                                            B        AMEND COVENANT & ADD BUSHFIRE   14-07-16   DWW                                                                                                                                              FILE:
                                                                         ENGINEERS
                               P 07 5450 3900 W www.jfp.com.au                                                                                                                                                       MAPPING                                                                                                                                                                                    M2683-01C-RP.dwg
C O N S U L T A N T S JFP URBAN CONSULTANTS PTY LTD A.C.N. 050 414 045   LANDSCAPE ARCHITECTS            DESIGNED
                                                                                                         DRAWN
                                                                                                                           GB
                                                                                                                           TJM
                                                                                                                                 CHECKED
                                                                                                                                 APPROVED
                                                                                                                                                  LS
                                                                                                                                                 GB
                                                                                                                                                         DATUM AHD
                                                                                                                                                                                                            A        ORIGINAL                        30-05-16   TJM      2 DAVID LOW WAY, CASTAWAYS BEACH                                                                                                        DATE:
                                                                                                                                                                                                                                                                                                                                                                                                                13th September 2016
                                                                                                                                                         L.A. NOOSA SHIRE COUNCIL                          ISSUE:    DETAILS:                        DATE:      INIT:
                                                                                                                                                                                                                                                                  COPYRIGHT © 2016 JFP URBAN CONSULTANTS PTY LTD. THIS DOCUMENT MAY NOT BE COPIED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS IN PART OR IN WHOLE WITHOUT THE WRITTEN CONSENT OF JFP URBAN CONSULTANTS PTY LTD.

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