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.