Extension to Currency Period Report REC16 0015.01

Author	Development Planner, Billy Glover
Development Assessment

APPLICATION DETAILS
Application No.	REC16/0015.01
Development Approval	Reconfiguring A Lot - Extension to Currency Period
Applicant	Kenlynn Pty Ltd
Request Received On	6 May 2020
Report Completed Date	5 June 2020

PROPERTY DETAILS
Property Address	2 David Low Way Castaways Beach Qld 4567
RP Description	Lot 71 MCH 2854
Land Area	9,647.11m2
Existing Use of Land	Detached Housing

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Detached Housing
Overlays	Biodiversity (Environmental Protection Area & Riparian) Natural Hazard (Slide, Bushfire & Acid Sulfate Soils)
Assessment Type	Extension to Currency Period

PROPOSAL
The applicant seeks an extension to the currency period for the subject approval.
The applicant submits the following:
Due to a number of subsequent applications and appeals over the site which have taken up the applicant’s time, the applicant has not carried out works associated with this approval. Those applications and appeals have run their course, and now the applicant wishes to enact the approval. However, there is now not a sufficient amount of time for the applicant to enact the approval before the currency period finishes.
In accordance with section 86 of the Planning Act 2016 (PA), we hereby make this extension application to request an extension of four (4) years to the currency period of the Development Approval, from 6 December 2020 to 6 December 2024. This will ensure that the applicant is still able to enact their lawful approval with a sufficient timeframe.
background
A development approval for a Reconfiguration of a Lot – 1 Lot into 2 Lots and Access easement was issued on 15 September 2016 and a Negotiated Decision Notice was given on 6 December 2016.
On 17 August 2017, a development application was made for Reconfiguring A Lot – (1 into 6 residential lots). Council refused the application at its Ordinary Meeting on 18 January 2019. The applicant subsequently appealed the decision. On 13 December 2019, the appeal was dismissed.
assessment
The applicant has requested an extension to the currency period to the development approval under section 86 of the Planning Act 2016.
With regard to the subject approval, the current planning scheme is generally consistent with the planning scheme in place at the time of the original application.
The constraints of the site and relevant considerations of the subject development are appropriately addressed within the existing approval. As such, with regard to the current planning scheme the subject development raises no concerns.
draft planning scheme
Under the draft planning scheme, the site is identified under the Coastal Hazards Erosion Prone Area mapping. The mapping identifies an area within the site adjacent the east boundary affected by the years 2070 (minor extent of area) and 2100.
With regard to the proposed extension to the currency period for the subject application and the Coastal Hazards mapping, Council’s Principal Strategic Planner provided the following comments:
The coastal hazard mapping for erosion prone areas depict erosion hazard to years 2040, 2070 and 2100. The proposed Lot 1 is the most eastern lot and is intersected by the erosion prone area for 2100. This includes part of the existing house and yard areas. Ideally, any future development/extension within the house site area should be located outside this 2100 area to preserve the sensitive dune system and enable the continuation of coastal processes of erosion and accretion. This would need to be considered as part of a code assessable application against the Coastal Protection Overlay.
No objections are raised to the extension of the currency period.
conclusion
The original report and consideration (including the negotiated report) acknowledges the existing duplex development use rights of the site and addresses the site constraints including vegetation, riparian areas, water supply, effluent disposal, bushfire hazard and access.
Any future building works or redevelopment on the proposed lots should be located outside the 2100 area. Both the current and draft planning scheme identify the site under the Coastal Protection Overlay, therefore any building works or redevelopment must be assessed under a code assessable application and this alleviates the concern for future development of the site in relation to coastal hazards.
No concerns are raised with regard to the request to extend the currency period by an additional 4 years.
RECOMMENDATION
Agree to the request submitted in relation to Application No. REC16/0015.01, for a Development Permit for Reconfiguring A Lot - Extension to Currency Period situated at 2 David Low Way Castaways Beach Qld 4567 described as Lot 71 MCH 2854, and issue a Decision Notice in accordance with the following:-

A. 	Change the currency period and wording to the following:
The currency period for this Development Permit is until 6 December 2024.

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EXTENSION TO CURRENCY PERIOD – DELEGATED REPORT