Acknowledgement Notice - 010.2010.00000529.001 [As Published] · 132010.529

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                                                -2-                                    2010/529


6      INFORMATION REQUEST
A further information request will not be made by the assessment manager.
As there is no concurrence agency for the application you may now proceed to public notification in
accordance with the provisions of the Sustainable Planning Act 2009. Please find attached an
Explanatory Note for the Public Notification Stage and the names and addresses of adjoining
landowners.
Should the assessment manager not make an information request within the Sustainable Planning
Act 2009 timeframes, the applicant can proceed to the next IDAS stage of the development.

7      OTHER DETAILS
You can follow the progress of this application online at www.sunshinecoast.qld.gov.au . The “PD
Online” page can be accessed via "Quick Links" on the left hand side of the screen. A disclaimer will
appear, upon clicking “agree”, a search for a development application or property address can be
carried out.

If you have any further queries in relation to the above, please contact Jack Lewis on the above
number.
Yours faithfully




Jack Lewis
Development Planner


Enc:     Public Notification Procedures




Version 1 January 2010                                                              Page 2 of 5

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                                                 Explanatory Note - Public Notification Procedures
                                                 SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                 REGULATION 2009 (PLEASE NOTE THAT THIS IS AN EXPLANATORY
                                                 NOTE ONLY AND SHOULD BE READ IN CONJUNCTION WITH THE
                                                 ABOVE STATED ACTS)


1      INTRODUCTION                                           (2)          If no information requests have been made
                                                              during the last information request period, the
The purpose of this explanation sheet is to provide           applicant may start the notification period as soon as
guidance to applicants on the public notice procedures        the last information request period ends.
under Chapter 6, Part 4 ‘notification stage’ of the
Sustainable Planning Act 2009 (SPA). The SPA and its          (3)          If an information request has been made
Regulations, sets out the requirements for the giving of      during the information request period, the applicant
public notice. These guidelines quote much of the             may start the notification period as soon as the
relevant SPA and Regulation material.                         applicant gives-
                                                              a. all information request responses to all information
If there is doubt about a particular public notice aspect,
                                                                    requests made; and
the applicant should refer to the SPA or have the public
notice procedures undertaken by a consultant who is           b. copies of the responses to the assessment
familiar with the SPA requirements.                                 manager.
Whilst every care has been taken in preparation of this       5          WHAT IS PUBLIC NOTICE
explanation sheet, finally it is the applicant's              The following is extracted from Section 297 of the
responsibility to ensure that the procedures are              SPA:
correctly followed. Council cannot accept any                 297 (1) The applicant or, with the applicant’s written
responsibility for incorrect giving of public notice.         agreement, the assessment manager must-
2       PURPOSE OF PUBLIC NOTIFICATION                        (a) publish a notice at least once in a newspaper
                                                              circulating generally in the locality of the land; and
Section 294 of the SPA indicates as follows:
                                                              (b) place a notice on the land in the way prescribed
294     The notification stage gives a person -               under a regulation; and
a. the opportunity to make submissions, including             (c) give a notice to the owners of all land adjoining the
    objections, that must be taken into account before        land.
    an application is decided; and                            (2) If the assessment manager carries out notification
b. the opportunity to secure the right to appeal to the       for the applicant, the assessment manager may
    court about the assessment manager’s decision.            require the applicant to pay a fee, of not more than the
3       OVERVIEW OF PUBLIC NOTIFICATION                       assessment manager’s reasonable costs for carrying
        PROCEDURES (PUBLIC NOTICE)                            out the notification.
                                                              (3) For subsection (1)(c), roads, land below high-water
There are three distinct tasks to be undertaken in
                                                              mark and the beds and banks of rivers are taken not
carrying out the public notice requirements:
                                                              to be adjoining land.
a. Placement of a notice or notices on the land.              (4) In this section owner, for land adjoining the land
b. Notification by letter to adjoining owners.                the subject of the application, means-
c. Placing a notice in a local newspaper.                     (a) if the adjoining land is subject to the Integrated
After the notification period has ended, the applicant        Resort Development Act 1987 or the Sanctuary Cove
must give the assessment manager written notice that          Resort Act 1985—the primary thoroughfare body
the applicant has complied with the requirements of           corporate; or
the public notification (public notice) provisions of the     (b) if the adjoining land is subject to the Mixed Use
SPA.                                                          Development Act 1993—the community body
                                                              corporate; or
One key aspect to note is that an application can
                                                              (c) subject to paragraphs (a) and (b), if the adjoining
automatically lapse if the public notification period is
                                                              land is subject to the Building Units and Group Titles
not commenced within 20 business days of the
                                                              Act 1980—the body corporate; or
completion of the relevant preceding stage.
                                                              (d) if the adjoining land is, under the Body Corporate
4       WHEN CAN NOTIFICATION STAGE START                     and Community Management Act 1997, scheme land
Section 296 of the SPA indicates when the notification        for a community titles scheme—
period can start. Where Council is the assessment             (i) the body corporate for the scheme; or
manager, advice will be forwarded to the applicant,           (ii) if the adjoining land is scheme land for more than
wherever possible, confirming that the notification           1 community titles scheme—the body corporate
period may be commenced.                                      for the community titles scheme that is a principal
                                                              scheme; or
296 (1) If there are no concurrence agencies and the          (e) if there is a time share scheme, as defined under
assessment     manager      has     stated    in  the         the Local Government Act, for a structure on the
acknowledgment notice that the assessment manager             adjoining land—the person notified to the local
does not intend to make an information request, the           government concerned as the person responsible for
applicant may start the notification stage as soon as         the administration of the scheme as between the
the acknowledgment notice is given.                           participants in the scheme; or




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(f) if the adjoining land is land being bought from the          7       NOTICE IN THE NEWSPAPER & NOTICES
State for an estate in fee simple under the Land Act                     TO ADJOINING OWNERS
1994—the buyer; or                                               The following is an extract from Section 299 of the
(g) if the adjoining land is land granted in trust or            SPA:
reserved and set apart and placed under the control of           (2)       Each notice given to the owner of adjoining
trustees under the Land Act 1994—the trustees of the             land must be given at about the same time as the
land; or                                                         notice is published in the newspaper and placed on
(h) if paragraphs (a) to (g) do not apply—the person             the land.
for the time being entitled to receive the rent for the
land or who would be entitled to receive the rent if the         (Refer to the approved form of the notice at
land were let to a tenant at a rent.                             www.dip.qld.gov.au/spa)

Please ensure that all public notices that are                   (3)       All actions mentioned in subsection (2) must
published in the newspaper, placed on the land,                  be completed within 5 business days after the first of
and given to adjoining land owners clearly state                 the actions is carried out.
that:
                                                                 8       NOTIFICATION PERIOD
(a)       written submissions        may    be   made            Section 298 of the SPA indicates as follows:
          electronically; and
(b)       electronic submissions are to be sent to               298 Notification period for applications
          mailto:[email protected]                   (1) The notification period for the application must
                                                                 be at least—
                                                                 (a) 30 business days starting on the day after the last
6        NOTICE ON LAND                                          action
(1) The following is an extract from the Sustainable             under section 297(1) is carried out, if any of the
Planning Regulation 2009 and prescribes, for section             following apply for the application—
297(1)(b) of the SPA, requirements for the placing of a          (i) there are 3 or more concurrence agencies;
notice on land:                                                  (ii) all or part of the development—
(2) The notice must be—                                          (A) is assessable under a planning scheme; and
(a) placed on, or within 1500mm of, the road frontage            (B) is prescribed under a regulation for this
for the land; and                                                subparagraph;
(b) mounted at least 300mm above ground level; and               (iii) all or part of the development is the subject of an
(c) positioned so that it is visible from the road; and          application for a preliminary approval mentioned
(d) made of weatherproof material; and                           in section 242; or
(e) at least 900mm in height and 1200mm in width.                (b) if paragraph (a) does not apply—15 business days
(3) The lettering on the notice must be as stated on             starting on the day after the last action under section
the approved form of the notice. (Refer to the                   297(1) is carried out.
approved form of the notice at                                   (2) The notification period must not include any
www.dip.qld.gov.au/spa)                                          business day
(4) If the land has more than 1 road frontage, a notice          from 20 December in a particular year to 5 January in
must be placed on each road frontage for the land.               the
(5) The applicant must maintain the notice from the              following year, both days inclusive.
day it is placed on the land until the end of the
notification period.
                                                                 9      COMPLETION OF NOTIFICATION PERIOD
(6) In this section—
road frontage, for land, means—                                  Section 301 of the SPA indicates as follows:
(a) the boundary between the land and any road
adjoining the land; or                                           If the applicant carries out notification, the applicant
(b) if the only access to the land is across other land—         must, within 20 business days after the notification
the boundary between the other land and any road                 period ends, give the assessment manager written
adjoining the other land at the point of access.                 notice that the applicant has complied with the
                                                                 requirements of this division.




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ADJOINING OWNERS DETAILS


26 Hastings Street                    Ankona Pty Ltd ATF Dinsey Unit Trust
Noosa Heads                           42 Lukes Road, COOROY QLD 4563

28A Hastings Street                   Speed & Stracey Lawyers
Noosa Heads                           Level 4/131 Macquarie Street
                                      SYDNEY NSW 2000

18 Hastings Street                    Body Corporate Bay Village on Hastings
Noosa Heads                           CARE Stuart Silver King & Burns
                                      PO Box 467
                                      BUDERIM QLD 4556




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