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Acknowledgment Notice MCU16/0153

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                                                         Officer:              Patrick Murphy
                                                         Direct Telephone:     5329 6473
                                                         Our Reference:        MCU16/0153
                                                         Your Reference:       161107

                  12 January 2017


                  Thomco No 2087 Pty Ltd
                  C/- Adams & Sparkes Town Planning &
                  Development
                  PO Box 1000
                  BUDDINA QLD 4575


                  Dear Sir/Madam

                                               Acknowledgment Notice
                                               Sustainable Planning Act 2009

                  Council acknowledges receipt of your application, which was properly made on 22/12/2016

                  This Acknowledgment Notice has been prepared in accordance with the Sustainable
                  Planning Act 2009 and contains information relevant to the processing and assessment of
                  the application. The following details are confirmed:
                  1       APPLICATION DETAILS

                  Application No:                MCU16/0153 & REC16/0041
                  Street Address:                215 David Low Way PEREGIAN BEACH QLD 4573
                  Real Property Description:     Lot 77 SP 231615
                  Planning Scheme:               The Noosa Plan (28 October 2016)
                  2       TYPE OF DEVELOPMENT

                  The application seeks development approval for:
                      Development Permit for Material Change of Use of Premises - Multiple housing Type 4
                       Conventional (26 units), Visitor accommodation Type 4 Conventional (20 units) and
                       both Multiple housing Type 4 Conventional and Visitor accommodation Type 4
                       Conventional (12) (Total 58 units)

                      Development Permit to Reconfigure a Lot - 1 Lot into 29 Lots

                  3       SUPERSEDED PLANNING SCHEME

                  Is the application for development under the Superseded Planning Scheme?                          No


                  4       CODE ASSESSMENT

                  Will Code Assessment be required?                                                                 No



                                                PO Box 141                   P. (07) 5329 6500   [email protected]
                                                TEWANTIN QLD 4565            F. (07) 5329 6501   www.noosa.qld.gov.au
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Document Set ID: 20227844
Version: 1, Version Date: 12/01/2017
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                                                                                                    MCU16/0153



                  5       IMPACT ASSESSMENT

                  Will Impact Assessment be required?                                                      Yes



                  6       UBLIC NOTIFICATION DETAILS

                                                                                                           Yes
                  Is Public Notification Required?



                  Refer to the enclosed Explanatory Note for the Public Notification Stage. Please ensure all
                  public notices published in the newspaper, placed on the land, and given to adjoining land
                  owners clearly state:
                  (a)     written submissions may be made electronically; and
                  (b)     electronic submissions are to be sent to [email protected], and
                  (c)     all submissions, including individual submitter’s particulars, will be published on
                          Council’s website (PD Online) and therefore will be accessible to internet search
                          engines.

                  Council will supply the names and addresses of adjoining land owners upon request.


                  7       REFERRAL AGENCIES

                  Based on the information accompanying the lodged application, referral is required to the
                  following IDAS referral agencies. Accordingly, you are required to forward a copy of the
                  application, this Acknowledgement Notice and any applicable referral agency application
                  fee, to the referral agency within twenty (20) business days. After complying with the
                  above the applicant must give the assessment manager written notice of the day the
                  applicant referred the application to each referral agency.


                  Referral             Referral Agency and Address            Referral Trigger
                  Status
                  Concurrence          SARA at DSDIP                          Unexploded Ordnance
                                       Mike Ahern Government Building
                                       12 First Avenue
                                       MAROOCHYDORE QLD 4558
                                       Online:         Mydas            (at
                                       www.dsdip.qld.gov.au)



                  8       INFORMATION REQUEST

                  A further Information Request will be made by the assessment manager.

                  Note: Regardless of this advice, any concurrence agency for the application may make an
                  Information Request.




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                                                                                                     MCU16/0153



                  Should the assessment manager not make an Information Request within the Sustainable
                  Planning Act 2009 timeframes, the applicant can proceed to the next IDAS stage of the
                  development.
                  9       OTHER DETAILS


                  You can follow the progress of this application online at www.noosa.qld.gov.au .
                  Should you have any further queries in relation to the above, please do not hesitate to
                  contact MR Patrick Murphy on the above number.

                  Yours faithfully




                  Patrick Murphy
                  COORDINATOR PLANNING


                  cc: Thomco No 2087 Pty Ltd
                  PO Box 54
                  PEREGIAN BEACH QLD 4573




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                                                                                                                          MCU16/0153




                                                              Explanatory Note - Public Notification Procedures
                                                              SUSTAINBLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION
                                                              2009




                  INTRODUCTION                                                 296 (1)   If there are no concurrence agencies and the
                  The purpose of this explanation sheet is to provide                    assessment manager has stated in the
                  guidance to applicants on the public notice procedures                 acknowledgment notice that the assessment
                  under Chapter 6, Part 4 ‘notification stage’ of the                    manager does not intend to make an
                  Sustainable Planning Act 2009 (SPA). The SPA and its                   information request, the applicant may start the
                  Regulations, sets out the requirements for the giving of               notification      stage     as  soon     as   the
                  public notice. These guidelines quote much of the                      acknowledgment notice is given.
                  relevant SPA and Regulation material.                        (2)       If no information requests have been made
                  If there is doubt about a particular public notice aspect,             during the last information request period, the
                  the applicant should refer to the SPA or have the public               applicant may start the notification period as
                  notice procedures undertaken by a consultant who is                    soon as the last information request period
                  familiar with the SPA requirements.                                    ends.
                  Whilst every care has been taken in preparation of this      (3)       If an information request has been made during
                  explanation sheet, finally it is the applicant's                       the information request period, the applicant
                  responsibility to ensure that the procedures are                       may start the notification period as soon as the
                  correctly followed. Council cannot accept any                          applicant gives-
                  responsibility for incorrect giving of public notice.                  a. all information request responses to all
                  PURPOSE OF PUBLIC NOTIFICATION                                               information requests made; and
                  Section 294 of the SPA indicates as follows:                           b. copies of the responses to the assessment
                                                                                               manager.
                  294     The notification stage gives a person -
                                                                               WHAT IS PUBLIC NOTICE
                  a. the opportunity to make submissions, including
                      objections, that must be taken into account before       The following is extracted from Section 297 of the SPA:
                      an application is decided; and                           297 (1) The applicant or, with the applicant’s written
                  b. the opportunity to secure the right to appeal to the                agreement, the assessment manager must-
                      court about the assessment manager’s decision.                     (a) publish a notice at least once in a
                                                                                               newspaper circulating generally in the
                  OVERVIEW           OF        PUBLIC         NOTIFICATION
                                                                                               locality of the land; and
                          PROCEDURES (PUBLIC NOTICE)
                                                                                         (b) place a notice on the land in the way
                  There are three distinct tasks to be undertaken in                           prescribed under a regulation; and
                  carrying out the public notice requirements:                           (c) give a notice to the owners of all land
                  a. Placement of a notice or notices on the land.                             adjoining the land.
                  b. Notification by letter to adjoining owners.                   (2) If the assessment manager carries out
                  c. Placing a notice in a local newspaper.                              notification for the applicant, the assessment
                                                                                         manager may require the applicant to pay a fee,
                  After the notification period has ended, the applicant
                                                                                         of not more than the assessment manager’s
                  must give the assessment manager written notice that
                                                                                         reasonable costs for carrying out the
                  the applicant has complied with the requirements of the
                                                                                         notification.
                  public notification (public notice) provisions of the SPA.
                                                                                   (3) For subsection (1)(c), roads, land below high-
                  One key aspect to note is that an application can                      water mark and the beds and banks of rivers are
                  automatically lapse if the public notification period is               taken not to be adjoining land.
                  not commenced within 20 business days of the                     (4) In this section owner, for land adjoining the land
                  completion of the relevant preceding stage.                            the subject of the application, means-
                  WHEN CAN NOTIFICATION STAGE START                                      (a) if the adjoining land is subject to the
                  Section 296 of the SPA indicates when the notification                       Integrated Resort Development Act 1987 or
                  period can start. Where Council is the assessment                            the Sanctuary Cove Resort Act 1985—the
                  manager, advice will be forwarded to the applicant,                          primary thoroughfare body corporate; or
                  wherever possible, confirming that the notification                    (b) if the adjoining land is subject to the Mixed
                  period may be commenced.                                                     Use       Development     Act    1993—the
                                                                                               community body corporate; or
                                                                                         (c) subject to paragraphs (a) and (b), if the
                                                                                               adjoining land is subject to the Building
                                                                                               Units and Group Titles Act 1980—the body
                                                                                               corporate; or
                                                                                         (d) if the adjoining land is, under the Body
                                                                                               Corporate and Community Management
                                                                                               Act 1997, scheme land for a community
                                                                                               titles scheme—




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                                                                                                                            MCU16/0153


                                 (i)  the body corporate for the scheme;      (5) The applicant must maintain the notice from the day
                                      or                                          it is placed on the land until the end of the notification
                                (ii) if the adjoining land is scheme land         period.
                                      for more than 1 community titles        (6) In this section—
                                      scheme—the body corporate for the           road frontage, for land, means—
                                      community titles scheme that is a           (a) the boundary between the land and any road
                                      principal scheme; or                               adjoining the land; or
                            (e) if there is a time share scheme, as               (b) if the only access to the land is across other
                                defined under the Local Government Act,                  land—the boundary between the other land and
                                for a structure on the adjoining land—the                any road adjoining the other land at the point of
                                person notified to the local government                  access.
                                concerned as the person responsible for
                                the administration of the scheme as           NOTICE IN THE NEWSPAPER & NOTICES TO
                                between the participants in the scheme;               ADJOINING OWNERS
                                or                                            The following is an extract from Section 299 of the SPA:
                            (f) if the adjoining land is land being bought    (2)     Each notice given to the owner of adjoining land
                                from the State for an estate in fee simple            must be given at about the same time as the
                                under the Land Act 1994—the buyer; or                 notice is published in the newspaper and placed
                            (g) if the adjoining land is land granted in              on the land.
                                trust or reserved and set apart and           (Refer to the approved form of the notice at
                                placed under the control of trustees          www.dip.qld.gov.au/spa)
                                under the Land Act 1994—the trustees of
                                the land; or
                            (h) if paragraphs (a) to (g) do not apply—the     (3)    All actions mentioned in subsection (2) must be
                                person for the time being entitled to                completed within 5 business days after the first of
                                receive the rent for the land or who would           the actions is carried out.
                                be entitled to receive the rent if the land   NOTIFICATION PERIOD
                                were let to a tenant at a rent.               Section 298 of the SPA indicates as follows:
                  Please ensure that all public notices that are
                  published in the newspaper, placed on the land,             298 Notification period for applications
                  and given to adjoining land owners clearly state            (1)   The notification period for the application must
                  that:                                                             be at least—
                                                                                    (a) 30 business days starting on the day after the
                  (a)       written submissions        may     be    made                last action under section 297(1) is carried out,
                            electronically; and                                          if any of the following apply for the
                                                                                         application—
                  (b)       electronic submissions are to be sent to                     (I) there are 3 or more concurrence
                            [email protected]                                              agencies;
                                                                                         (ii) all or part of the development—
                  (c)       all submissions, including individual                              (a) is assessable under a planning
                            submitter's particulars, will be published                              scheme; and
                            on Council's website (PD Online) and                               (b) is prescribed under a regulation for
                            therefore will be accessible to internet                                this subparagraph;
                            search engines.                                              (iii) all or part of the development is the
                                                                                               subject of an application for a preliminary
                  NOTICE ON LAND                                                               approval mentioned in section 242; or
                  (1) The following is an extract from the Sustainable              (b) if paragraph (a) does not apply—15 business
                       Planning Regulation 2009 and prescribes, for                      days starting on the day after the last action
                       section 297(1)(b) of the SPA, requirements for the                under section 297(1) is carried out.
                       placing of a notice on land:                           (2)   The notification period must not include any
                  (2) The notice must be—                                           business day from 20 December in a particular
                       (a) placed on, or within 1500mm of, the road                 year to 5 January in the following year, both days
                            frontage for the land; and                              inclusive.
                       (b) mounted at least 300mm above ground level;
                            and                                               COMPLETION OF NOTIFICATION PERIOD
                       (c) positioned so that it is visible from the road;
                                                                              Section 301 of the SPA indicates as follows:
                            and
                       (d) made of weatherproof material; and
                       (e) at least 900mm in height and 1200mm in             If the applicant carries out notification, the applicant must,
                            width.                                            within 20 business days after the notification period ends,
                  (3) The lettering on the notice must be as stated on        give the assessment manager written notice that the
                       the approved form of the notice. (Refer to the         applicant has complied with the requirements of this
                       approved       form      of     the    notice    at    division
                       www.dip.qld.gov.au/spa)                                P
                  (4) If the land has more than 1 road frontage, a notice
                       must be placed on each road frontage for the land.




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Document Set ID: 20227844
Version: 1, Version Date: 12/01/2017

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