Request to extend relevant period - 142007.2555.04

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~ _ ~ INNOVATIVE
      PLANNING
  ~               SOLUTIONS


      1.   The Operational Works (OPW)Preliminary Approval for Civil Works was applied for and

           granted following a long and complex MCU approval process (see Council Approval at
           Attachment 2).



      2.   After obtaining both the MCU Development Permit and the OPW Preliminary Approval,

           the GFC in 2007-2008 and slump in property markets forced the previous landowner

           into receivership at which point the current land owner moved to purchase the land.



      3.   This Operational Works Preliminary Approval directly relates to a parent MCU approval

           for accommodation unit and multiple dwelling units. This parent MCU approval is also

           the subject of an application to extend the relevant period. Where the relevant period

           is extended for the MCU application it is only logical that the OPW directly relating to

           that approval be granted the same relevant period.



      It is on this basis that the applicant is requesting an extension to the relevant period for the


      application by a period of 2 years until 15 October 2015 to align with the extension period

      requested for the parent MCU approval.


      !Assessmentof Relevant Sustainable Planning Act 2009 Provisions

      In addition to the above facts and circumstances, Section 388 of the Sustainable Planning

      Act sets out the matters which Council must have regard to in their assessment of a request

      to extend the relevant period of an approval. As such we have considered and assessed each


      of these matters as follows:



      Section 388   Deciding Request
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      In deciding a request under section 383, the assessment manager must only have regard to:


      (a)the consistency ofthe approval, including its conditions, with the current laws and policies

      applying to the development, including,for example, the amount and type of infrastructure

      contributions, or infrastructure charges payable under an infrastructure charges schedule;


      The Preliminary Approval for OPW issued by Council on 21 April 2009 for Civil Works related

      to the higher order MCU approval for Multiple Dwelling Units and Accommodation Units.




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