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Acknowledgment Notice MCU16/0153
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3 SUPERSEDED PLANNING SCHEME
Is the application for development under the Superseded Planning Scheme?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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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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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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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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(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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