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13. BRHH - Questions and comments from BRHH owners v1(JL) · MCU19/0117
QUESTIONS AND COMMENTS FROM BRHH OWNERS
RE PROPOSED PLANS FOR LOT 500
1. Who is Mark Bain and what experience/reputation does he have?
Mark Bain Constructions (MBC) is a locally owned and operated business based out
of Sunshine Beach. Company Director Mark Bain has lived and worked in Noosa for
over 40 years and is a second-generation builder in the region. Undertaking his
apprenticeship in Tewantin in 1976, the construction business was launched in 1987.
Through decades of local knowledge, Mark has gained a unique and valuable
perspective into building for the local environment. For more than 30 years, the MBC
team has been building residential homes and commercial properties along the south-
east and central coast of Queensland.
2. Why would Mr Bain buy a multi-hectare block of land a car ferry ride from
civilization and then construct a two-bedroom house and a bloody great
lagoon? What is Mr Bain up to?
Mark has grown up and lived most of his life in the area and loves the Noosa North
Shore and the closeness to the quality surfing breaks and natural surroundings. Mark
has the vision of building a private lagoon which can produce a surfing wave. The
wave will roll in from the west to east and provide a surfing experience when the nearby
beaches are onshore or too small.
3. It seems that what is being proposed is Stage 1, with the development of
more houses to come later. The two bedroom concept being proposed may
be for price/market reasons but how will they go in the letting pool?
Another plan was produced earlier with 48 houses and a lagoon in accordance with
the original approvals (which have now lapsed). However, at this stage Mark wants to
build a house and lagoon for himself and family for short stay accommodation. Mark
does not intend to let the house out into the letting pool.
4. Is the proposed house a display suite, and is the lagoon to show how the
wave pool might be created in the future?
The house will be for Mark and his family to use as a holiday house, with their main
residence in Sunshine Beach. The lagoon would be used for private use only.
5. The proposed development could be good for BRHH owners as it may make
the management rights more sustainable, but does it have a good effect on
the costs of operations met by BRHH owners?
The proposed development does not rely on any of the existing infrastructure currently
within the BRHH, with the proposed development to include its own water storage,
sewerage, road and electricity. The site will retain its current share of the BRHH body
corporate.
6. Will the new development put a strain on our leisure facilities and what could
be added (by Mr Bain) to round out the offering?
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Lot 500 currently forms part of the body corporate and pays a0 share of the
maintenance of the leisure facilities and body corporate land. The use of one more
holiday house does not put a strain on the existing leisure facilities on body corporate
land.
7. Will Body Corporate (BC) be responsible for maintaining of lot 500 (trees etc.)
and the new dwelling?
No – Lot 500 is on its own lot and there is no change to the CMS or additional body
corporate land being proposed.
8. Will the BC be responsible for the maintenance of the lagoon pool and the
associated costs?
No – The lagoon is completely on Lot 500 and is the maintenance responsibility of the
owner.
9. Will all construction traffic associated with the proposed plans be through the
Lot 500 entrance from Beach Road?
Yes – The new driveway will keep all associated construction impacts away from the
BRHH entrance.
10. Will any of the existing roads be joined to Lot 500 as the new Lot 500 road
appears to finish just after the new dwelling?
The house and lagoon does not require access from the existing roads, and it is the
preference to keep the road access separate.
11. Are the access roads and driveways on Lot 500 to be fully sealed as like with
BRHH (dust will be an issue if not) and who will be responsible for
maintenance of these sealed roads?
The access road to the one new house is not proposed to be sealed. A basic gravel
driveway will be constructed within the existing 20m wide fire trail and is located more
than 50m from any existing house with vegetation between the driveway and the
existing houses.
12. Will the BRHH tank farm and bore be affected?
The application does not propose any development within the tank farm and bore
location and/or rely on this infrastructure on Lot 500. Therefore, they are not to be
affected. Cordial discussions are continuing with the BRHH to formalise the location
of the existing maintenance shed and tanks currently located on Lot 500.
13. Will visitors check into the proposed rental house at the current Reception
Office?
No – this is a private house with its own access.
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14. Will the current BRHH managers be managing the proposed visitor
accommodation on Lot 500?
The house is proposed to be managed privately.
15. What are the implications for the new management agreement currently being
prepared?
Please forward any new management agreement terms, so the body corporate
solicitors can review the implications.
16. Doesn’t the proposed development need Body Corporate approval?
It is our understanding based on the previous development application that the body
corporate does not need to approve the proposed development prior to lodging with
Noosa Council for Planning Approval. Furthermore, attached is legal advice regarding
Body Corporate Approval.
17. The new plans seem to be calling the formerly proposed wave pool a lagoon
to disguise that it is a commercial wave pool…if the intention is to operate a
business, then the existing scheme does not allow that unless it is operated
by the caretaker managers….no other business can operate from the site.
The lagoon is for private use only. The application does not propose to use it as a
commercial wave lagoon – only for the holiday homeowner – similar to the private golf
course at 368 Dath Henderson Rd.
18. How is the lagoon/wave pool accessed….do the visitors have to enter via the
existing community?...Wouldn’t that also give them access to the BRHH
facilities?
The lagoon is accessible from the new driveway access along Beach Rd. Lot 500
currently has access to the BRHH facilities on body corporate land.
19. The development application indicates that the proposed new 2 bedroom
house is commensurate to the “adjoining 48 x 2 bedroom Holiday Houses” –
the adjoining BRHH are all 3 and 4 bedroom houses.
The original BRHH were approved as 2-bedroom buildings with media and other
rooms. Many of these have are being used and advertised to include more than 2-
bedroom houses.
20. I’m assuming the plan is to start with one house and add more…doesn't say
that but that is what it looks like….the overall plan should be spelt out if that is
the long-term aim.
Currently, the proposal is to build one house and lagoon. There is potential to add more
holiday houses (up to 48) just like what is approved at the BRHH and previously
master planned for the site.
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21. Once lot 500 is developed, who will end up with responsibility for roads, lights,
power, internet, fire breaks etc…will it come under the BC insurance?
Obviously, the fees from one lot would not pay the upkeep.
The infrastructure is all located on Lot 500 and the roads, lights, sewer, water, and
buildings will all need to be maintained by the owner of Lot 500. There are no new
facilities being added to the BRHH body corporate.
22. Will the new owner be subject to the BRHH Body Corporate rules/rulings and
fees. Will their lot/infrastructure be included in the BRHH budgets going
forward?
The infrastructure is all located on Lot 500 and the roads, lights, sewer, water and
buildings will all need to be maintained by the owner of Lot 500. There are no new
facilities being added to the BRHH body corporate land.
23. Will the new owner and guests have access to the existing BRHH
infrastructure such as recreational facilities, roads, parking etc. and will they
be paying for the use of such infrastructure through the BRHH Body
Corporate fees and levies?
Lot 500 already pays to gain access to recreational facilities, roads, parking etc. There
is no proposal to remove the Lot 500 from the body corporate and/or add additional
body corporate land. Therefore, the development is not expected to increase body
corporate fees.
24. Will the new owner/guests be using the existing access road and security gate
and extending any existing roads? Will the extension of roads be built to the
BRHH standards and specifications? Likewise the standard of the proposed
building – sub-standard quality has the potential to depreciate the value of the
existing BRHH houses.
The house and lagoon does not require access from the existing roads, and it is the
preference to keep the road access separate.
25. Will the proposed new development have any impact on the Noosa Shire
Council rates for existing BRHH owners and if so, how will this be managed
and who will be paying the extra costs.
There are no new lots being created and/or change in rates activity charges. Lot 500
currently pays more rates as it is a larger lot than all others in the body corporate
scheme.
26. Will the new owner/guests be subject to the same rules as BRHH owners
regarding pets?
Lot 500 remains part of the existing body corporate and will be subject to the same
rules as other building lots.
27. How will be proposed ‘lagoon’ be managed regarding Health and Safety in
respect to fencing, control of feral animals and mosquitos.
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The lagoon is on private property, with chlorine and filtration. Appropriate fencing will
be provided in accordance with the BCA requirements.
28. How is the private lagoon area going to be fenced in order to minimise the risk
of drowning for young children who are staying nearby at BRHH?
Lot 500 is on private property and appropriate fencing will be provided in accordance
with the BCA requirements.
29. Will the proposed development of Lot 500 be subject to a permanent
residency application in the future?
No, the application is in accordance with the Visitor Mixed Use zoning.
30. Given that a ‘lagoon/wave pool’ is proposed to be part of BRHH, won’t the
associated maintenance costs of a lagoon/wave pool increase annual levies
and therefore detract future potential investors from purchasing BRHH houses
because of the high levies?
The lagoon is located entirely on Lot 500 and the maintenance costs associated with
the development will be entirely on Lot 500.
31. I’m not necessarily opposed…but we would need time and further information
to properly evaluate it….just think it sounds like they are trying to railroad us a
bit.
We have been in discussions with the Body Corporate for the past 2 years. The current
proposal is significantly reduced from the last plan presented to the full body corporate
committee 12 months ago. Although there is no requirement for early consultation
before lodging the development application with Council – The full DA plans and
reports have been forwarded over for preliminary comment, with additional changes
to be made prior to lodgement. We seek to work closely with the BRHH body corporate
and owners and consider the development is compatible and will significantly add
value to the existing BRHH development without costing any additional body corporate
fees for maintenance.
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