Council archive · source document
Advise of Adjoining Owners - 010.2007.00001181.001 [As Published] · 132007.1181
Neil Blamey, 07 5449 5379
Email: [email protected]
Application Ref: 2007/1181
070302T
4 September 2007
Robert Selkirk
CARE Ken Hicks & Associates Pty Ltd
PO Box 6380
MAROOCHYDORE BC QLD 4558
Dear Sir,
Re: Application for Material Change of Use for Retail Business Type 2, Visitor
Accommodation Type 4 & Building Works - Demolition situated at 33
Hastings Street, Noosa Heads as Lot 0 BUP 2665 to Lot 7 BUP 2665
I refer to the public notification stage for the above application.
Please find enclosed, a list of names and postal addresses of owners of all land
adjoining the subject site, as shown on the attached map. Please check the properties
on the map, as the responsibility to correctly notify adjoining owners rests with the
applicant.
It is important to note that the application lapses if the public notification is not
commenced within 20 days from the end of the Information Request Period. According
to Council’s records, the Information Request Period ended on 30 August 2007. For
further information, please refer to the attached Explanatory Note.
Attached for your convenience, is a copy of a Notice of Compliance. This Notice is
required to be completed and returned to Council at the end of the advertising period.
Again, it is also important to note that the application lapses if Council has not received
this Notice within 3 months after the completion of the advertising period.
Should you have any further enquiries in this regard, kindly contact me on the above
telephone number.
Yours faithfully
Neil Blamey
SENIOR PLANNING OFFICER
Award Winner - Australian Clean Beach
Challenge 2004 Litter Prevention
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Page 2
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Public Notification Procedures for IDAS
Applications requiring Impact Assessment
EXPLANATORY NOTE
1 INTRODUCTION 4 WHEN CAN NOTIFICATION STAGE
The purpose of this explanation sheet is to START
provide guidance to applicants on the public
notice procedures under Section 3.4 of the Section 3.4.3 of the IPA indicates when the
Integrated Planning Act (IPA). The IPA and its notification period can start. Where Noosa
Regulations, sets out the requirements for the Council is the assessment manager, advice will
giving of public notice. These guidelines quote be forwarded to the applicant, wherever
much of the relevant IPA and Regulation material. possible, confirming that the notification period
Noosa Council has resolved that applicants will may be commenced.
undertake the procedures. 3.4.3. (1) If there are no concurrence
If there is doubt about a particular public notice agencies and the assessment manager has
stated in the acknowledgment notice that the
aspect, the applicant should refer to the IPA or
have the public notice procedures undertaken by a assessment manager does not intend to make
consultant who is familiar with the IPA an information request, the applicant may start
requirements. the notification stage as soon as the
acknowledgment notice is given.
Whilst every care has been taken in preparation
of this explanation sheet, finally it is the (2) If no information requests have been
applicant's responsibility to ensure that the made during the last information request period,
procedures are correctly followed. Council the applicant may start the notification period as
soon as the last information request period ends.
cannot accept any responsibility for incorrect
giving of public notice. (3) If an information request has been made
2 PURPOSE OF PUBLIC NOTIFICATION during the information request period, the
applicant may start the notification period as
Section 3.4.1 of the IPA indicates as follows:- soon as the applicant gives-
3.4.1 The notification stage gives a person - a. all information request responses to all
information requests made; and
a. the opportunity to make submissions,
including objections, that must be taken into b. copies of the responses to the assessment
account before an application is decided; and manager.
b. the opportunity to secure the right to appeal 5 WHAT IS PUBLIC NOTICE
to the court about the assessment manager’s
decision. The following is extracted from Section 3.4.4 of
the IPA:-
3 OVERVIEW OF PUBLIC NOTICE
PROCEDURES 3.4.4.(1) The applicant must-
There are three distinct tasks to be undertaken a. publish a notice at least once in a newspaper
in carrying out the public notice requirements:- circulating generally in the locality of the
land; and
a. Placement of a notice or notices on the land.
b. place a notice on the land in the way
b. Notification by letter to adjoining owners. prescribed under a regulation; and
c. Placing a notice in a local newspaper. c. give a notice to the owners of all land
adjoining the land.
After the notification period has ended, the
applicant must give the assessment manager (2) The notices must be in the approved
written notice that the applicant has complied form.
with the requirements of the public notice
provisions of the IPA. (3) For subsection (1)(c), roads, land below
high-water mark and the beds and banks of
One key aspect to note is that an application can rivers are to be taken not to be adjoining land.
1
automatically lapse if the public notification
(4) In this section owner, for land adjoining
period is not commenced within 20 business
days of the completion of the relevant preceding the land the subject of the application, means-
stage.
1
Refer to Section 3.2.12 of the IPA.
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a. if the adjoining land is subject to the d. made of weatherproof material; and
Integrated Resort Development Act 1987 or
the Sanctuary Cove Resort Act 1985 - the e. not less than 1200 mm x 900 mm.
primary thoroughfare body corporate; or 5.2 The lettering on the notice must be-
b. if the adjoining land is subject to the Mixed a. for lettering in the heading, as indicated
Use Development Act 1993 - the community on the approved form of the notice—at
body corporate; or least 50-mm in height and in a bold style;
c. subject to paragraph (a) and (b), if the or
adjoining land is subject to the Building Units b. for lettering in the subheadings, as
and Group Titles Act 1980 - the body indicated on the approved form of the
corporate; or notice—at least 25 mm in height and in a
d. if the adjoining land is, under the Body bold style; or
Corporate and Community Management Act c. for lettering not mentioned in paragraphs
1997 scheme land for a community titles a and b—at least 25 mm in height, of
scheme - regular weight and in sentence case.
(i) the body corporate for the scheme; or 5.3 Each sentence in the notice must start on a
(ii) if the adjoining land is scheme land for new line.
more than 1 community titles scheme - 5.4 If the land has more than 1 road frontage, a
the body corporate for the community notice must be placed on each road frontage
titles scheme that is a principal scheme; for the land.
or
5.5 The applicant must maintain the notice from
e. if there is a time sharing scheme on the the day it is placed on the land until the end
adjoining land and the name and address of of the notification period.
a person has been notified under the Local
Government Act 1993, section 715 - the 5.6 In this section, road frontage, for land,
person; or means-
f. if the adjoining land is land being bought a. the boundary between the land and any
from the State for an estate in fee simple road adjoining the land; or
under the Land Act 1994 - the buyer; or b. if the only access to the land is across
g. if the adjoining land us land granted in trust other land—the boundary between the
or reserved and set apart and placed under other land and any road adjoining the
the control of trustees under the Land Act other land at the point of access.
1994 - the trustees of the land; or The following is an extract from Section 3.4.6 of
h. if paragraphs (a) to (g) do not apply - the the IPA:-
person for the time being entitled to receive (1) The notice placed on the land must
the rent for the land or would be entitled to remain on the land for all of the notification
receive the rent for it if it were let to a tenant period.
at a rent.
7 NOTICE IN THE NEWSPAPER &
Form 7 is the standard form for public notice NOTICES TO ADJOINING OWNERS
purposes and is Attachment 1.
The following is an extract from Section 3.4.6 of
6 NOTICE ON LAND the IPA:-
Signs based on Form 7 are available for (2) Each notice given to the owner of
purchase from Project Signs located at 21 Sail adjoining land must be given at about the same
Street, Noosaville. time as the notice is published in the newspaper
The following is an extract from the Integrated and placed on the land.
Planning Regulation 1998 and prescribes, for (3) All actions mentioned in subsection (2)
section 3.4.4.(1)(b) of the IPA, requirements for must be completed within 5 business days after
the placing of a notice on land:- the first of the actions is carried out.
5.1 The notice must be- Form 7 (Attachment 1) is the form on which to
a. placed on, or within 1.5 m of, the road base both the notice to adjoining owners and the
frontage for the land; and notice in the newspaper.
b. mounted at least 300 mm above ground Council encourages the use of local newspapers
level; and such as the Noosa News, Noosa Journal &
Sunshine Coast Daily for advertising purposes.
c. positioned so that it is visible from the
road; and
Page 4
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8 NOTIFICATION PERIOD
Section 3.4.5 of the IPA indicates as follows:-
3.4.5 The notification period for the
application-
a. must not be less than -
(i) if there is no referral coordination for the
application- 15 business days starting on
the day after the last action under section
3.4.4(1) is carried out; or
(ii) if there is referral coordination for the
application - 30 business days starting on
the day after the last action under section
3.4.4(1) is carried out; and
b. must not include any business days between
20 December and 5 January (in the following
year.)
9 COMPLETION OF NOTIFICATION
PERIOD
3.4.7 If the applicant carries out notification, the
applicant must, after the notification period has
ended, give the assessment manager written
notice that the applicant has compiled with the
requirements of this division.
Page 5
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Guide for completion of:
FORM 7 – PUBLIC NOTICE OF DEVELOPMENT APPLICATION
Form 7
Integrated Planning Act 1997
PUBLIC NOTICE OF DEVELOPMENT
APPLICATION
Planning Scheme for … (name of local government) …
Proposal ….(describe the proposal in a way that ensures that the public is aware of the
existence and nature of the application to enable a person, where appropriate, to make a
properly made submission. It should be noted that the use of planning scheme definitions may
1
not be sufficient in some circumstances in order to satisfy these notification requirements .
Furthermore it may also be appropriate to indicate the proposed scale of intensity of the
2
proposal eg. the number of restaurant, bars and dwelling units proposed .) …
Applicant… (insert name of applicant) …
On land at …(insert the postal address of each lot to which the application relates, or if the
land does not have frontage to a named road or cannot be otherwise sufficiently identified, the
property description. In any case, the postal address or property description is to be sufficient to
locate the land)….
The application can be viewed at … (insert address of assessment manager)…
Any person may, on or before …(insert last date of receipt of submissions) … make
a signed written submission to…(insert postal address of the assessment manager)
July 2001 Version 2.0
1
Naramura v Brisbane City Council & Queensland Intravenous Aids Association.
2
Edwards & Anor v Douglas Shire Council & Ors
Page 6
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FORM 7 – PUBLIC NOTICE OF DEVELOPMENT APPLICATION
Form 7
Integrated Planning Act 1997
PUBLIC NOTICE OF DEVELOPMENT
APPLICATION
Planning Scheme for … (name of local government) …
Proposal: ___________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
Applicant: _______________________________________________
_______________________________________________
On land at: _______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
The application can be viewed at: Noosa Council, 9 Pelican Street, Tewantin.
Any person may, on or before ________________________________ make
a signed written submission to Noosa Council, 9 Pelican Street, Tewantin)
Council File Ref: ___________________________________________
Version 1 (3/98)
Page 7
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Notice of Compliance
Integrated Planning Act 1997 S 3.4.7
(Applicant/notifier’s name) __________________________________________
(Address) ______________________________________________________
(Contact details) __________________________________________________
(Date) _________________________________________________________
(Assessment manager’s name) ________________________________________
(Address) ______________________________________________________
RE: Application for (Proposal details/Town plan definition)
______________________________________________________________
(House number & Street address) _______________________________________
(Lot & Plan details) _________________________________________________
(Application No.) __________________________________________________
Dear (Sir / Madam)____________________________________ ___________
I (Name of applicant / notifier)_______________________________________ have
undertaken and completed the public notification with respect to the above
application.
The public notification included
Publishing a notice in (Name of the newspaper)
_____________________________________________________________
on (Date of published advertisement). __________________________________
A copy of the newspaper advertisement is attached to this notice
AND
Placing a notice on the land from (Date the sign was erected)
_____________________________________________________________
until (Date the sign was removed) _____________________________________
A photo of the sign as erected on the land is attached to this notice
Page 8
8 AND Notifying owners of all land adjoining the site. A list of the names and addresses and the date they were notified is attached to this notice. Yours sincerely, ____________________________________(Applicant / notifier’s signature and date) ____________________________________(Applicant / notifier’s name)
Page 9
9 List of neighbours for parcel(s) 0BUP2665 ======================================================================== 0SP176869 31 Hastings ST NOOSA HEADS 0.0675 Ha Body Corporate - The Breakers CARE Sound Body Corp Management PO Box 1547 NOOSA HEADS QLD 4567 ======================================================================== 0BUP102127 35 Hastings ST NOOSA HEADS 0.0674 Ha Body Corporate - Annabelles CARE Sound Body Corp Management PO Box 1547 NOOSA HEADS QLD 4567 ======================================================================== 0BUP2665 (Subject property) 33 Hastings ST NOOSA HEADS 0.0675 Ha Body Corporate - Sandpiper Noosa Heads CARE Sound Body Corp Management PO Box 1547 NOOSA HEADS QLD 4567 ======================================================================== 0BUP2665 (Subject property) 1/33 Hastings ST NOOSA HEADS 0.1759 Ha
Page 10
10 Karabin Pty Ltd RMB N723 Gear Avenue BALLARAT VIC 3352 ======================================================================== 0BUP2665 (Subject property) 2/33 Hastings ST NOOSA HEADS 0.0051 Ha Karabin Pty Ltd RMB N723 Gear Avenue BALLARAT VIC 3352 ======================================================================== 0BUP2665 (Subject property) 3/33 Hastings ST NOOSA HEADS 0.0051 Ha Karabin Pty Ltd & Robert Selkirk RMB N723 Gear Avenue BALLARAT VIC 3352 ======================================================================== 0BUP2665 (Subject property) 4/33 Hastings ST NOOSA HEADS 0.0051 Ha Karabin Pty Ltd RMB N723 Gear Avenue BALLARAT VIC 3352 ======================================================================== 0BUP2665 (Subject property) 5/33 Hastings ST NOOSA HEADS 0.0051 Ha
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11 R J Selkirk Pty Ltd RMB N723 Gear Avenue BALLARAT VIC 3352 ======================================================================== 0BUP2665 (Subject property) 6/33 Hastings ST NOOSA HEADS 0.0051 Ha Karabin Pty Ltd RMB N723 Gear Avenue BALLARAT VIC 3352 ======================================================================== 0BUP2665 (Subject property) 7/33 Hastings ST NOOSA HEADS 0.0051 Ha Karabin Pty Ltd RMB N723 Gear Avenue BALLARAT VIC 3352 ========================================================================
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