Attachment 1 - Letter from Noosa Council

aR
ese, NOOSA COUNCIL

Officer: Michael Cantori

Direct Telephone: (07) 53296235

Email: [email protected]
Our Reference: COM16/0228

19 August 2016

CA & ML Middleton
6/226 David Low Way
PEREGIAN BEACH QLD 4573

[email protected]

Dear Sir/Madam

RE: Breach Identified for property located at Peregian Beach Villas 6/226 David Low Way
PEREGIAN BEACH QLD 4573 — Lot 6 SP 248704 — Property No. 500486

Council has recently received a complaint with respect to the above mentioned property in relation
to enclosing the upper level balcony. An inspection by a Council Officer has confirmed there is
currently a breach on site.

The enclosing of the balcony is not complying with the following condition/s 2 & 8 of the
Development Permit MCU14/008 which state:

2. Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans.

8. All deck and balcony areas above ground floor must not be enclosed by permanent fixtures
such as shutter, louvers, glass panelling or the like.

Compliance with the conditions of the Development Permit is necessary at all times. Accordingly,
while the use does not comply, it is operating in breach of both the Noosa Plan and the Sustainable
Planning Act 2009.

To resolve this matter, the following options are suggested:

1. Remove the glass panelling and return the balcony to its original form.

2. Lodge a changes application to the Development Approval to seek approval for the
works/enclosure. Please note that a changes application may have to be submitted to Court
as the application was approved by Court Judgement. Please contact Council’s Planning
Section to discuss further with a Planning Officer.

Please take action to address this matter and confirm in writing your actions by close of business
Friday 23" September 2016, marked to the attention of Michael Cantori. Should you have any
further queries in relation to the above, please do not hesitate to contact me on the above provided
number.

Yours faithfully

J

Michael Cantori
Development Compliance Officer

 

NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected]
F. (

ABN: 97 969214 121 TEWANTIN QLD 4565 . (07) 5329 6501 www.noosa.qid.gov.au