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Representations
Our Ref: 20220613
Council Ref: MCU22/0128
22 December 2022
Noosa Council
PO Box 141
Tewantin QLD 4565
Via email: [email protected]
Attention: Georgina Schramm
Dear Georgina,
REPRESENTATIONS - DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF
USE OF PREMISES TO ESTABLISH A DWELLING HOUSE AT 178 DAVIS ROAD,
COOTHARABA (LOT 7 ON SP115866)
Further to the Council’s Decision Notice issued on 9 December 2022 for the above development
application, and pursuant to Section 75 of the Planning Act 2016, we now make the following
representations in regards to Council’s approval.
Condition 5
The requirement for a $20,000 cash bond for a Dwelling House is onerous. This amount is typically
required for a removal house which has considerable risk to roads, public liability and Council assets. As
such, we request that this condition is amended to reflect the proposal for a new Dwelling House as
follows:
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 $5,000
must be submitted to Council, to secure performance of all conditions of this approval, prior to
the issue of a Development Permit for Building Works. The cash bond or trading bank guarantee
will be returned on performance of the conditions of approval less any costs incurred by Council
in respect of enforcing performance of this permit. Council reserves the right to call upon the
bond or guaranteed sum to effect compliance with conditions.
Condition 9
This is an onerous request for the property owner for the sake of an adjoining farm. The applicant
understood the implications of purchasing a property adjoining an existing farm. The impacts of the
chemical spray, if any, should be under the obligation of the existing farm operation, not adjoining land
owners, particularly in this case with their own dwelling house separating the farm from the applicant’s
property. The location of the dwelling house was sited as far as practical from the northern boundary
(which is what ultimately triggered the Council assessment). There was an option to locate the house in
the clear area further to the north, which is closer to the farm. If this was the case, a development
application would not have been triggered.
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The vast majority of the property is restricted due to koala habitat and bushfire requirements, and the
applicant has limited usable area available. Placing further restrictions seems excessive and will detract
from the amenity and use of the property. Any restrictions placed on the fence line impinge on that goal
and it has the potential to devalue the site. Extensive rehabilitation has already been conditioned by
Council to offset the removal of any tree onsite. Further to this extensive landscaping of a residential
standard will be undertaken by the applicant around the grounds at their leisure and over the course of
many years. This should not form part of the approval for a single dwelling family house.
As such, it is requested that this condition is deleted.
Screening vegetation must be planted along the common boundary with Lot 5 SP139163 in
accordance with Council’s Planning Scheme Policy PSP2 - Landscaping. The planted vegetation
must have a mature height of not less than 4 metres and form an effective buffer to screen the
agricultural use and enhance the rural character of the site.
Should you wish to discuss the above further, please do not hesitate to contact the undersigned.
Yours faithfully,
Adapt Development Management Pty Ltd
Liam Pinese Tiani Boulton
Managing Director Director
E: [email protected] E: [email protected]
M: 0432 497 857 M: 0404 924 160
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