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20240930-NC-Minor change request cover letter.docx
. the Noosa Shire is assessable development as the Shire is covered by a “protected vegetation overlay”, unless otherwise exempted development. Either remove or amend condition 4 of the CMS. Response It is proposed that Condition 4 of the CMS be amended to acknowledge that Council’s ‘protected vegetation overlay’ applies to the site and needs to be considered when removing any onsite vegetation. The amended CMS including an amended condition 4 will be forwarded to Council’s plan sealing team once amended. Item 7 - Bicycle spaces Council comments: Condition 34 of MCU21/0228.01 requires 2 bicycles spaces to be provided and dedicated for use by those associated with the Office. Response New bicycle spaces are proposed to be provided the north east corner of the Office tenancy courtyard as per the amended set of approved plans (Refer to Attachment C). Item 8 - Retractable awning over the office level Council comments: On the northern side of the building there is a retractable awning over the office level, outermost projection of the building is now within the side boundary setback. Response A review of the retractable awning on the northern side of the office tenancy has been undertaken, and we do not believe that it constitutes a breach of the side boundary setback, which is measured from the outer most projection of the building / structure. The definition of outer most projection is extracted below: Outermost projection outermost projection, of a building or structure, means the outermost part of the building or structure, other than a part that is— a) retractable blind; or b) a fixed screen; or c) a rainwater fitting; or d) an ornamental attachment. As outlined above, the definition clearly excludes ‘retractable blinds’, which we consider this temporary shade device to be. The structure is light weight and not a permanent fixture of the building, as it can be easily removed. Its purpose is to provide temporary relief to inclement weather and to facilitate the use of the outdoor private open space. When not in JFP Ref: M2915P Page 7
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