2017-07-04_Request Extension to Currency Period_FINAL · 152006.1999.2

We consider that the request for an extension to the currency period can be supported having regard to the
following matters:
             The age of the approval which is relatively new (4 years old);
             The request for extension under the Planning Act 2016 for the 2 years is the first extension for
                 the currency period to be extended;
             The applicant incurred considerable expense to obtain the development approval, with that
                 process taking about 7 years. The approval went through a rigorous assessment process.
             Condition 16 of the approval required the execution of an infrastructure agreement (IA) to set
                 out the obligations to obtain approval for road opening/closure of Old Hollett Road. Under the
                 terms of the IA, Council are required to complete particular actions to allow the opening/closing
                 of road. In this regard Council have advised that the road opening/closure application was
                 lodged with the DNRM in early 2014 and that “this is being progressed by Council’s property
                 section but is still with the State for a decision”.
             In the circumstances, we consider it would be unreasonable for Council to refuse the 2 year
                 extension, given that the approval is reliant on completion of a road opening / closure process
                 that is being undertaken by a third party.
             The request for a two year extension aligns with the sunset clause outlined in condition 5 of the
                 approval;
             The conditions placed on the existing Planning and Environment Court approval comply with
                 contemporary planning standards and future operational works applications can be assessed
                 against current laws and policies;
             Council accepted and approved the application for the approval on the basis of the exemption
                 provisions of the then SEQ Regional Plan. The existence of the approval means no further
                 assessment against the SEQ Regional Plan is necessary;
             Our client, John Hofmann, has been suffering from serious health concerns for some time and
                 has been incapacitated from progressing the development. Despite not being a planning ground
                 per se, it is considered that the s87 Planning Act provides Council a largely unfettered discretion
                 to consider any matter the assessment manager thinks relevant;
             Our client’s commitment to extending the life of this approval has been demonstrated via the
                 recent lodgement of the Survey Plan for the first stage of the development;
             The approved development layout is generally in keeping with the current State Development
                 Assessment Provisions (SDAPs) in relation to vegetation requirements, setbacks to
                 environmental constraints including buffers for bushfire management. These constraints are
                 directly comparable under Council’s current overlay mapping constraints;
             The approval conditions of the Court order include specific requirements in respect to these
                 constraints which relate to concurrence agency matters of State Environmental Significance.
             The DILGP has indicated, in relation to our clients extension request lodged under SPA, that it
                 does not object to an extension to the currency period of the approval;
             The approved development:
                    o Is predominantly located in disturbed areas of the site.
                    o Incorporates setbacks for bushfire management.
                    o Layout and design of allotments has been generally designed around already cleared
                        vegetation areas and environmental constraints;
                    o The conditions placed on the development appropriately address all relevant
                        environmental concerns;



JFP Ref: M1775 REV. A                                                                                         Page 2