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Response to Information Request

of 2
Date: 5 May 22


The Chief Executive Officer
Noosa Shire Council,
PO Box 141 Tewantin, QLD 4565

Via Email ([email protected])

Dear Georgina,

RE:     Response to Information Request relating to a Development Permit to Reconfigure a Lot (1
        Lot into 2 Lots) at 9 Maple St Cooroy (Council Reference: RAL21/0001)

I refer to Council’s Information Request issued on 14 February 2022 in relation to the
abovementioned application.

In accordance with Part 3 Section 13 of the Development Assessment Rules and the Planning Act
2016, we hereby provide a response to the items raised in the request as detailed below:

Issue - Previous Approval

There is a development permit over the subject land for the purpose of Sport and Recreation
– Playground which was approved by Council on 27 January 2021. As the development has
not been completed it is difficult to determine whether all the buildings/structures associated
with the Playground will be wholly located in each respective lot.

Information Required

1.    Provide an overlay of the approved plans associated with MCU20/0013 on the proposed plan
      of subdivision to ensure there are no building encroachments following creation of the new
      boundaries.

Response

The construction of the playground has now been completed. The proposed reconfiguration will not
change existing boundaries that apply to the land but rather subdivide the land into 2 lots along the
Marara Street road boundary. Consequently, any existing building encroachments associated with the
playground were approved by Council associated with MCU20/0013.


Issue - Easements

The Plan of Proposed Reconfiguration of Lot 3 on SP327330, ref: 21-5373AB, dated
12/01/2022, prepared by Max Watterson, shows a number of easements. Council seeks
clarification on their purpose and relevance.

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Page 2

Information Required

2.    Council seeks clarification on the following easements:
       a. Emt A RP87371 (Existing):
            i. Noting that the planning report indicates that “the proposed development will not
                 involve access easements”, what is the purpose of this easement?
           ii. Is it still relevant? If so, does it need to be realigned? If not, should it be
                 extinguished?
       b. Emt C SP327333 (Proposed):
            i. What is the purpose of this easement?
       c. Emt D SP327333 (Proposed):
            i. What is the purpose of this easement?

Response

Max Watterson and Associates has provided the following in response to Item 2:

Emt A on RP87371 – is an Easement for Access within Lot 3 on SP327330 to benefit Lot 1 on
RP87371. Please note that Lot 1 on RP87371 is now contained within Lot 5 on SP213104; which is the
Lot containing the Cooroora Woodworkers and the Cooroy Camphor Laurel.

Emt’s B, C & D on SP327333 within Lot 1 on SP327332, Lot 2 on SP327331 & Lot 3 on SP327330
respectively are Easements for sewerage to benefit Unitywater. The Easements are currently un-
registered and it appears that the titles of the Survey Plans of the new Lots have not been issued.


Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to
the information request. Should you have any further questions in relation to the proposal, please do
not hesitate to contact the undersigned on 0423 952 928 or via email at [email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan.

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