05/0699 - Change to Development Approval [As Published] · 132005.699.02

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37 ocr 2009 >;

30 October 2008 SETTLERS COVE

THE ESSENCE OF NOOSA STYLE

 

 

 

 

 

Ms Kerri Coyle

Manager Land Use

Sunshine Coast Regional Shire Council
PO Box 141

Tewantin Qid 4565

By hand:

Re: Request for Change to Existing Conditions of Approval
Proposed Lots 5 & 6 - “Iluka” and “Emerald” Apartments
on Existing Lot 603, SP 188270, Serenity Close, Noosa Heads

Further to the issue of a Decision Notice on 1 August 2008 in response to our request
for a Change to an Existing Approval ref 2005/699 and our subsequent discussions, we
hereby seek to amend Conditions 24 and 46 as follows:

Condition 24

Consistent with our letter of 7 April 2008 (attached), the required amalgamation has
been reflected in the Plan of Survey for the RHD subdivision, which has been lodged
with Council. It is hoped that evidence of such application will satisfy Council’s
concerns with regard to this Condition, notwithstanding the requirement for Council to
endorse the strata plans for this stage of the development prior to the application for
titles, which will need to reflect the amalgamation of proposed lots 5 & 6.

We therefore request a change to Condition 24 to make the amalgamation of Lots 5 & 6
a condition precedent to the Registration of Titles, allowing Council withhold its
endorsement of the Community Management Statement accordingly.

We consider that this is reasonable in light of construction works proceeding on
proposed Lot 4, which is yet to be created out of existing Lot 603.

Condition 46

An approved footpath of 1.5m width has been provided to the road frontage in
accordance with the RHD subdivision works and the applicable conditions of approval,
taking into account approved landscaping and underground services. We therefore
request the deletion of this condition. A copy of the relevant approval for Operational
Works is attached for your reference.

Project Office Corner Banksia Avenue & Serenity Close, Noosa Heads Queenslund 4567
PO Box 1923, Noosa Heads Queensland 4567 Telephone 1300 10 10 50 Facsimile 07 5448 0286 Email [email protected] wwwssettlerscove.com.au

 

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ANOTHER QUALITY DEVELOPMENT BY Cape Bouvarn

vet ite

 

Page 3

i UL Malan Ll Mand aad aa a aad ad i bal ead all tei eal unl dl aa alla dd al aL aml a al Land aa aaa nl aa aa alla anal la ll Hl al eal ial ad al Lal bl lal al a al ll lS Ll Sl Yl Sl

We trust that this request for a change to the revised conditions of approval will be
upheld, triggering the release of an approval for Operational Works — Earthworks &
Drainage.

Yours faithfully,
CAPE BOUVARD DEVELOPMENTS PTY LTD
for and on behalf of CBD SETTLER’S COVE PTY LTD

FREY
Senior Development Manager

www.settlerscove.com.au

Page 4

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

   

“
NN Form 2 Development Application idas

Request to change aNecceve,
existing approval “"™

Details of person making the request
1. Who is making the request?

Company or organisation name (if applicable) CBpD SET LEQ'S Qwve PTY LTD

Individual applicant/Contact person (If there is more than one applicant, provide additional applicant details on an attachment to this form)
: ! rane | COD
Title MZ First name GQARN name FREY

Postaladdress | PO BOX 192% NOOSA HEADS @LD USE7
Contact telephone number (7) Su4s OVE Mobile phone number| OLL| 7 AST [9G
Facsimile number (07) Sus O2%6 e-mail address| gary. godérey @capelwvard . cM

Details of the existing approval

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. What are the details of the approval sought to be changed?

 

‘eanti 5 Assessment manager
Type of approval \dentification number Date issued (if request not made to the assessment manager)

 

Development Permit

(1 Preliminary Approval 00S" J694 01] 06/ of . KERLI COYLE

 

 

 

 

 

 

Identification of the premises

 

3. Can any part of the premises be identified by a street address or lot on plan description?
CO No - Answer Q3ya)
3(a) Does the application only invalve a mobile and temporary environmentally relevant activity (ERA)?

LI No= Goto as (1 Yes - Complete Table A stating the nature of the mobile and temporary ERA and each local
government area to which the approval applies. Then go to Q6.

 

Table A Nature of mobile and temporary ERA Name of each local government

 

 

 

 

Ke Yes - Complete Table B and Q3(b)

 

 

 

 

 

 

 

Table B
Street address Lot on plan description Local government area (e.g
Unit | Steet Street Name and official suburbvlocalty name Cost | eotne.| Bin type are Logan, Calms)
1. PROPOSED | SDNSHINE COAST
S [ist S| REGIONAL.
sP ase i| COUNCIL

 

 

 

 

 

 

Page 1

Page 5

 

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

 

 

3(b) Can the address be further described by shop/tenancy number or storey/level?
¥ No Cs Yes- Complete Table
Table C Shop/tenancy number Storey/level
1.

 

 

 

 

 

4. _Can the premises best be identified by coordinates (e.g. for development proposed in waters, or on a site within a large rural fot}?

 

 

No 1 Yes - Complete Table D
Table D
Coordinates Zone lu
. ney ocal government area
{Note: place each set of coordinates ina separate row) _ Reference Oatum {if appicable}
Easting Northing Latitude Longitude

 

CL) Gpasa (] wese4

 

LJ Other

 

 

 

 

 

 

 

5. Whats the total area that makes up the premises (ie. the area covered by the application)?
Area of land above high water mark/outside watercourse

|. LSG Om Wreciares (Tick applicable unit) N | A Com? = (hectares (Tick applicable unit)

 

Area in a water body or watercourse

 

 

 

 

 

 

 

Owner’s consent and resource owner's agreement
6. ls the person making the request the owner of the land to which the approval attaches?

y Yes Oo No - Complete Table E - provide details for each owner on a separate row, or on an attachment to this form if applicable. Note: Advice
provided at the end of this form details when owner's consent is not required.

 

 

 

 

 

 

Table E Details of the premises owned : Date consent
Owner's namels and postal address (street address or fot on plan description) Signature* was obtained
1 |CaD SETUeRS ProPeseD Lor S 24[10 [08
CONE PITY LTD ON SP [ASS7\
<7

 

 

 

If an application for the existing approval were being made now (i.e. at the time of faking this request), would evidence be required to

 

1
support the application because it involved taking or interfering with a State-owned resource prescribed by schedule 10 of the
integrated Planning Regulation 1998 (IP Reg) or any other regulation
No (1 Yes - Complete Table F and submit, with the application, written agreement to the request.
Table F Date written agreement of the chief
Nature of State-owned resource Relevant State Goverment Department executive was obtained

 

 

 

 

 

 

Nature of the request

8. Whatis the nature of the request for change? (Tick the applicable boxes)
Os Anextension of the period before an approval lapses (under IPA, section 3.5.22)
(_ Tochange the development approval other than a change of condition (under IPA, section 3.5.24)
To change or cancel a condition of approval {under IPA, section 3.5.33) - Go to Q11
(1 Tochange conditions of a rezoning approval given under the Local Government (Planning and Environment) Act 1990 (under IPA,
section 6.1.35) - Go to Q12

9, Were one or more concurrence agencies involved in the approval?

_NOW

* Owners signature can not be provided on the form if you intend to submit the application electronically. Owner's consent must be provided to the assessment manager on
an attachment containing appropriate written documentation of the owner's consent. if the owner is a company the company must sign as owner. $127 of the
Corporations Act 2001 (Cwealth) details how a company may execute a document.

Page 2

 

Page 6

 

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

No CO Yes - Complete Table G. Submit, with the application, a copy of the notice required fo be sent to each agency under
IPA sections 3.5.22(1)(a) and 3.5.24(1)(b).

 

Each concurrence agency Date notice sent
Table G (use a separate row for each agency)

 

1,

 

 

10. wt the request for change relate to an aspect of the approval that involved a building referral agency?

 

No (O Yes - Complete Table H. Submit, with the application, a copy of the notice required to be sent to each agency under
IPA section 3.5,24(1}(b).
Each building referral agency Date notice sent
Table H {use a separate row for each agency) {notice only required for request to change a

development approval)

 

 

 

 

 

Detalls and reasons or justification for the request

141. What are the details of the requested change and the reasons or justification for the change? Use a different row for each change if more
than one.

 

Details of requested change (including extension of the period if relevant) Reasons or justification for the requested change

RerEd AA ReED ceTieh

 

 

 

 

 

Mandatory attachments and information
12. What are the mandatory attachments and supporting information accompanying this application?
Description of attachment or information Title and date (i appicable) Method of delivery to assessment

(e.g. notice to concurrence /building referral agencies, owner's (e.g. Jamas Street Traffic Report) manager
consent, resource owner's agreement, drawings, reports)

See AtIACHED
DOCUMENTATION

 

 

 

 

 

 

 

 

OFFICE USE ONLY

 

 

 

 

Date received Reference numbers Cost Code {applicable to EPA only) (ERAS)

 

 

 

 

 

 

Advice for completing Form 2
Page 3

 

 

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INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

 

General advice
Form 2 may be used for any one of the four types of request for changing an existing approval -

.
.
.

Form 2 is not an approved form under the IPA, The assessment manager, concurrence agency or court may have their own form for the purpose
of making a request to change an approval. In the case of a request to change conditions of a rezoning approval, the P&E Act establishes the
process to be followed and provides for the focal government to determine the required form.

The entity that should receive the request is:

.

When paying fees to the Environmental Protection Agency by electronic funds transfer (EFT) for requests relating to environmentally relevant
activities (ERAs) or coastal development, use the process from the information sheet Electronically paying fees to the Environmental Protection
Agency (EPA) and attach the form Electronic Funds Transfer (EFT) payment notification to the request.

an extension of the period before an approval lapses (under IPA, section 3.5.22)

to change or cancel a condition of approval (under IPA, section 3.5.33)

to change the development approval other than a change of condition (under IPA, section 3.5.24)

to change conditions of a rezoning approval given under the Local Government (Planning and Environment} Act 1990 (P&E Act} (under IPA,
section 6.1.35A)

for an extension of the period before an approval lapses - the assessment manager (even if the approval was granted by the court (IPA,
section 3.5.22(9))

to change or cancel a condition of approval ~ the entity that decided or required the condition (i.e. the assessment manager, a concurrency
agency or the court)

to change the development approval - the assessment manager

to change conditions of a rezoning approval — the local government

 

 

 

 

 

 

 

at Any person may make a request to change an approval. However, in the case of a development approval for building work or operational
work for the supply of community infrastructure on land designated for the community infrastructure, only the person supplying the
infrastructure may make a request (IPA, section 3.5.33(3A)).
Q2 If the request is made to a concurrence agency or the court, notice of any subsequent change or cancellation of a condition must be given
to the assessment manager (IPA, section 3.5.33(9)).
Q6 «Ifthe person making the request is nat the owner of the land to which the approval attaches, the request must be accompanied by the
owner’s consent. (IPA, sections 3,5.22(3), 3.5.24(3), 3.5.33(3)),
* However, owners consent is not required if the approval is for:
« — amobile and temporary ERA; or
building work or operational work for the supply of community infrastructure on land designated for community infrastructure
(IPA, section 3.5.33(3A)).
Q7 The request must also be accompanied by the written agreement of the chief executive from whom evidence of resource allocation or
entitlement would be required if an application for approval were being made. (IPA, sections 3.5.22(5), 3.5.24(5), 3.5.33(3C))
a9 For a request to extend the period before an approval lapses, or to change a development approval, each concurrence agency for the
approval must be given written notice of the request (IPA, sections 3.5,22(1), 3.5.24(1)).
Q10 For a request to change a development approval, if the subject of the request involved a building referral agency, that agency also needs to

be given notice of the request (IPA, section 3.5.24(1)). For a request to change conditions the opinion of a retevant building referral agency

 

must be given regard to by the entity deciding the request (IPA, section 3,5.33(9)).

 

 

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Page 8

Appointing a person or persons as your attorney

2.

 
 

{Director]

(0

 

As principal {the person making the appointment), you
complete this form by writing your responses on the lines and
ticking the appropriate boxes. Then sign the form and have
your signature witnessed. Any adult may witness your
signature. However, if this power of attorney is required to be
registered under the Land Titles Act, the witness must be a
justice of the peace, a commissioner for declarations, a lawyer
or a notary public.

Appointment of attorney or attorneys

CBD SETTLERS COVE PTY LTD ACN 114 192 773 of Level 5, 181 St Georges Terrace,
Perth WA 6000 appoint the following person as my attorney: GARY MICHAEL GODFREY of
6 Daybreak Court, Castaways Beach Qld 4567.

Are you appointing more than one attorney?
<] No Go to clause 4.

Ol sYes.

How do you prefer that they make their decisions? (Tick one box only)
(2 Severally (any one of them may decide)
(] Jointly (unanimously)

As a majority (specify e.g. simple majority, two-thirds majority, etc.)

C1 Other*

Note: The Powers of Attomey Act 1998 allows you to appoint successive attorney/s for a matter so that the
power is given to a parlicular attorney only when power to a previous attorney ends. You can nominate the
circumstances that a power will end (eg. if x leaves the jurisdiction, y may act).

The attorney/s power is subject to the following terms:

To execute any statutory and local authority application for approval and any associated
documentation including but not limited to those for land use, land development and building,
and including but not limited to applications for Reconfiguration of Lot, Material Change of
Use and Operational Works relating to the development known as Settlers Cave Noosa
Heads owned by CBD Settlers Cove Pty Ltd ACN 114 192 773 being part of what was
originally lot 4 on SP100064, County of March, Parish of Weyba.

The power given to my attorney/s begins:
immediately.
L] on this date:
(Write here the date when you want the appointed person/s to begin acting as your attorney.)
on this occasion:
{Write here the occasion on which you want the appointed person/s to begin acting as your attorney.]
Note: if you do not complete clause 5, the power begins immediately.

This power of attorney gives my attorney/s power to do, on my behalf, anything that 1

SADocuments\S 16SACLH_51657_037.00C 2

 

Page 9

NOOSA COUNCIL IDAS Development Application Decision Notice

123.

~3//8 DA 2efobfoy.

Prior to the endorsement of the Pian of Survey, the Applicant's Solicitor shall give Council's
Solicitor an appropriate undertaking in writing that in conjunction with lodgement of the Plan of
Survey at the Land Titles Office, the Title Deed and the easement documents will also be lodged
and any additional Titles Office forms or requisitions requiring the consent of Council being
attended to forthwith.

Pedestrian Paths / Bike Paths

424

125.

126.

127.

128.

129.

130.

131,

432.

. A 1.5 metre wide meandering concrete path shall be constructed within the footpath to the
frontages of the development. This path shall commence from the end of the existing 1.5 metre
wide path at the boundary between Lot 2 & 3 on SP100064 and continue down the northern side of
Serenity Close before wrapping around the cul-de-sac and heading back along the southern side
of Serenity Close until it meets with Banksia Avenue. From the intersection with Banksia Avenue a
1.5 metre wide path shall head south along the Banksia Avenue frontage of the development, past
the proposed cul-de-sac / turning facility at the Grant Street intersection, until it links with the
proposed 3 metre wide Multi Purpose Pathway to be provided near Council's Sewerage Pump
Station (as defined below).

A 2 metre wide path shall be provided around the back of the proposed cul-de-sac / tuming facility
at the Grant Street intersection linking the 3 metre wide Multi Purpose Pathway with the 2 metre
wide pathway to be provided along the eastern side of Banksia Avenue (and linking with Grant
Street).

The 3 metre wide Multi Purpose Pathway (as briefly mentioned above) shall be constructed from
concrete, generally around the perimeter of the Residential High Density development utilising the
existing cleared areas over Council's sewer main. The path shall be designed and constructed as
a Multi Purpose Pathway for fire fighting purposes (fire break / fire access) and for pedestrians and
cyclists to use. To this extent the path shall commence from the 2 metre wide path (around the
back of the proposed cul-de-sac / turning facility at the Grant Street intersection) and shall wrap
around the bottom of the Residential High Density allotments to link with the future boardwalk
(which will link with the future Jetty to be provided by the applicant in Noosa Inlet) or unless
otherwise approved by the Manager of Land Development.

The actual alignment of the pathway shall be chosen in consultation with Council's Land
Development Section and Council's Water Supply & Sewerage Section to avoid the risk of any
damage occurring to Council's infrastructure. In this regard an on-site meeting with the approved
contractor and representatives from both the Land Development and Water Supply & Sewerage
sections of Council shall be arranged by the applicant after the alignment of Council's sewer main
has been accurately surveyed and located on site. As this pathway will also be used for fire
access the applicant shall ensure that appropriate cover is maintained to the sewer main to allow
for vehicle loads.

A 1.5 metre wide link path shall be provided between proposed Lots 9 & 10 within a 4 metre wide
road reserve — linking the cul-de-sac in Serenity Close with the 3 metre wide Multi Purpose
Pathway around the perimeter of the Residential High Density development. In addition to this a
1.5 metre wide link path shall be provided between proposed Lots 10 & 11 within the existing
sewer easement linking the future development within Lots 10 & 11 with the 3 metre wide Multi
Purpose Pathway around the perimeter of the Residential High Density development.

In choosing the alignment of all these paths care shall“be taken to protect any significant
vegetation or any underground services. -

Pram ramps shall be installed at intersections (and wherever else required) in accordance with
Council's Standard Drawing 9006.

All paths and pram ramps shall be designed and constructed to ensure pedestrian safety using
non-slip materials and to produce an evenly graded surface finish.

A Development Permit for Operational Works shall be obtained prior to the commencement of any
works.

Where footpaths are located in cut or where site conditions indicate the presence of groundwater
in proximity of the natural ground level, subsoil drains shall be constructed between the back of
path and the property boundary.

Ho.\database\onestop\decision.doc

   
 

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