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Requesting info for lodging change to existing approval to release bond · 132003.221194.1

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Stratogen Clout Q se

Accountants

Chartered Accountants he
Insolvency & Strategic Business Solutions

Liability Limited by a scheme approved under Professional Standards Legislation.

Kerri Coyle

Manager Planning & Development
Noosa Shire Council

P O Box 141

TEWANTIN QLD 4565

By email to: kerri.;[email protected]

Dear Kerri

RE: Tatton Developments - Development Approval 23676 DA
Derek James & Delwyn Gay Tatton - Bankrupt Estate QLD 2024/15/2

Many thanks for taking my call today and further thanks for offering your assistance
to resolve all outstanding with this development approval.

On 20 May 2015 Derek and Delwyn Tatton became jointly bankrupt and | am the
trustee appointed to administer the bankrupt estate. Enclosed is a copy of
Certificate of Appointment in evidence of my position.

Forming part of the bankruptcy process is all of the divisible assets of the bankrupts
vest in myself as trustee on behalf of the bankrupts’ creditors. It is then my duty to
collect and realise all of the assets and account to creditors accordingly. Bearing
this in mind | am empowered by the Bankruptcy Act 1966 to execute alll
documents, which the bankrupts would have ordinarily executed, to realise these
assets.

One of the assets of the Tattons’ bankrupt estate is a bond for $80,000 which relates
to Development Approval 23676 DA. My understanding is that upon Council's
approval of a Request to Change Existing Approval this bond is refundable either in
part or in full,

Please find enclosed copies of documents prepared by Derek (aka Jim) Tatton on
my behalf. These documents are:

- Undated and unsigned letter to yourself drafted by Derek Tatton. This letter
explains the underlying changes required to the development approval
together with an explanation as to works carried out and not carried out
which give rise to the need for the submission for the Request to Change
Existing Approval. Please treat this letter as being formal.

Noosa Office
1/59 Mary Street, Noosaville QLD 4566
PO Box 190 Noosaville QLD 4566
Email: [email protected]
Phone: 07 5474 0711
Fax: 07 5474 0722

Stratogen Clout Pty Ltd ACN: 137 326 615
Full text of the other 8 pages

Page 2

Request to Change Existing Approval and/or Extension of Relevant Period
Form completed by Mr Tatton on my behalf.

It would be greatly appreciated if you could “hold my hand” through this process
and provide me with a listing of matters which | need to attend fo to reach a

finalisation and conclusion

Many thanks again.

Yours Sincerely,

oD

HUGH D RAMSAY
(Trustee)

Encl
1. Certificate of Appointment
2. Undated & Unsigned letter from Derek Tatton to NSC

3. Request, to Change Existing Approval - NSC Form

Page 3

Australian Government
Australian Financial Security Authority

 

 

Bankruptcy Act, 1966

Certificate of Appointment of Trustee

Bankrupt: Derek James TATTON, Delwyn Gay
TATTON
Administration No: QLD 2024 of 2015/2
Administration Type: Debtor's Petition
Date Administration started: 20 May 2015

Trustee: Hugh David RAMSAY
PO BOX 190 NOOSAVILLE QLD 4566

Date trustee was appointed: 20 May 2015

The information on this certificate has been extracted from the Nationa! Personal Insolvency
Index and is certified as correct as at the date of issue. Pursuant to Bankruptcy Regulation
13.07 this document can be used as evidence in any proceeding without further proof.

Appointment Type: Sole Trustee

Official Receiver

Dated: 20 May 2015

 

OFFICE ADDRESS: Level 16 340 Adelaide Street, BRISBANE QLD 4000
POSTAL ADDRESS: PO Box 10443 Adelaide Street Brisbane QLD 4000
TELEPHONE: 1300 364 785 FACSIMILE: 08 8112 4304 EMAIL: [email protected] INTERNET: www.afsa.gov.au

Page 4

Jim Tatton
PO.Box 41
Noosa Heads
Qld. 4567 20/2/15
Kerri Coyle,
Manager Planning and Enviroment
Noosa Shire Council
PO.Box 141
Tewantin Qld 4566

Request for Refund of Cash Bond
Completion of Works
32003-221194-23676 DA
19-05-2005

Dear Kerri,
I refer to the above Development Approval, 23676 DA, for the development known as Wai Cocos,
215 GympieTerrace and your correspondence dated 13/12/2015.

As requested, I now submit a Request to Change Existing Approval, namely condition 45,
Undergrounding Power. (Fee of $1625.00 enclosed )

I refer to my previous correspondence ( 13/11/15 ) outlining the works which have been completed
as required under the approved conditions .

With reference to Clause 45, Undergrounding of Power Lines :
I request that the Noosa Shire Council amends the conditions of 23676 DA to delete this
requirement on the following basis :

1. That this condition was inserted into the DA because Energex were subsidising
Undergrounding of power lines with works being undertaken in conjunction with Noosa
Shire Council and that this subsidy has now been discontinued.

2. The initial cost estimate to install an additional power pole to the eastern side of the property
and run the lines underground across the frontage was $35,000.00, however , it would have
been pointless to do this as it would further diminish the visual ammenity to the Gympie Tce
frontage.

3. Energex then proposed that the power line would need to be run underground to the next
pole, 2 blocks to the east and would further be run underground across Gympie Tce. The cost
for this work was estimated to be in the order of $75,000.00 . The design correspondence
from Energex is attached.

4. An initial deposit of $15,000.00 was made to Energex for the design works for a design
which would underground the overhead lines to 215 Gympie Tce street frontage, but the
‘as designed! works included the provision to run the underground lines across the
neighbours two adjoining blocks and a further provision of undergrounding the lines to
gympie Terrace which was well in excess of the work proposed under clause 45 of 23676
DA.

5. The cost of the works were excessive and the Noosa Shire Council has not proceeded to
underground the over-head power lines to Gymmpie Terrace with the Energex subsidy being
withdrawn.

Tatton Developments has in the past complied with all Noosa Council DA requirements and has
taken pride in presenting developments landscaped beyond the requirments of Council to improve
the visual ammenity of the adjoining street scape.

Page 5

Kind Regards,
Jim Tatton

Page 6

‘232003. D2HITU - 23676 DA.

Request to Change Existing Approval and/or

Extension to Relevant Period
2014/15

 

Sustainable Planning Act 2009
"ALL questions MUST be completed unless the form indicates otherwise. 7
This form must be submitted to Council accompanied by the applicable fee. :
Attach extra pages if there is insufficient space on the form.
i lf Council was the Assessment Manager for the existing approval, and the approval was issued by the Court, then:-
| (a) a request to change the development approval and/or conditions is made to the Court; and
i (0) a request to extend the relevant period for the approval is made to Council.
| 20 oo" used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation '
9. i

1. Details of person making the request :

“Full name — individual orcompany Deez i _ TAMES TRTTON
“Contact Name — -for company _ PBTI EN. DRURLOP MENTS. _ Leen

{Postal address © . Mitel) Riad S04 SIRATICRN cheer T “Fo 479, Yo Bex /Jo A
[Suburb Weosqv AR, [State 24D Postoode_ 4yZe
[Business phone 5474¢ 777 — |AlH phone Mobile a
‘Email address satattender@ oven! 0, Cette (RIS PHOT RE a

JJUCKH CO STRAT OCKN » lord . ree
2, Details of existing approval

Type of approval (please tick ALL applicable categories) ! Which entity issued approval?
‘te Development Permit 'O Council '
ig Preliminary Approval (1 Other entity — please specify
| Compliance Permit .

[oe Material Change of Use ,

| Reconfiguring a Lot . |

:€ Operational Works .

:Q Building Works !

‘BD Plumbing or Drainage Works

‘0 Compliance Certificate

QO Environmentally Relevant Activity :
‘Application ni number/counell. reference 3B 2oe 3. glu Mb. 7 23 o716 DA ; . : Date issued / am AY 2008
ils iis e approval fora | mobile and temporary ERA? © No ‘omplete below

| insert the name of each local government area in which the mobile and temporary ERA is proposed t to operate/operating

 

 

 

 

 

 

 

 

 

Privacy

Council will use any personal information provided for the intended purpose only and for remaining In contact with you. Council is authorised to collect
this information in accordance with the Loca! Government Act 2009 and other Local Government Acts. Your personal infarmation is only accessed by
persons authorised to do so, Your personal information is dealt with In accordance with council's privacy policy.

yaw. noosa.qid.gav.au [email protected] T 07 5329 6500
PO Box 7141 Tewantin Qid 4565 ABN 97 969 214 127

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Page 7

3. Nature of request (please tick ALL applicable categories)

[Od To change the development i To change the development ‘O To extend the relevant period
; approval i conditions 1..before lapsing a

Please 2 attach documentation outlining the detail of and the reasons ‘and justification | for the requested change or.
-extension. ;

erent mice AA Sia ae mana ESO Oo FA He a eer ae Aen eae ae meee eaten ne cme meee 1

4, Location of the premises

|StreetNo 245 [Street GYMPIE TCE
|State Brp

 

  

     

{ Suburb WEOS RULE

   
     
  

 

pore
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5. Concurrence Agencies
i: Was there one or more concurrence agencies invalved in the original approval? | Mi No
| O Yes-provide details below

' Note ~ Under $372 of the Sustainable Planning Ac Act 2009 ‘the | person n making the re request i is required to give a copy oft this request to all ;
| concurrence agencies, :

 

  

 

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6. Pre-request response notice

_ Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?

No

lfyes, please attach a copy of the notice.

| Is the owner's consent required for this request? be No :

/ _. joy Yes— complete either Table A or Table B below ~—
ner of the fand all | owners details are required

 

 

 

 
 

 

| Note — If more than one

  

   

    

|
|Ouners name/s rr oem cst sata amt sa es oral
tie, the above-mentioned owneris of the Ia land, ‘consent |
to the making of this request.

|
1 Signature/s

  

 

; Date :

 

 

 

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Page 8

" NOTES: For question 7
' Under section 371 of the Sustainable Planning Act 2009, if the persan making the request is not the owner of the land to which the
* approval relates, the request must be accompanied by the owner's consent.
* However, owner's consent is not required if the approval: .
'_  telates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or :

is for bullding work or operational work for the supply of community infrastructure on land designated for the community :
infrastructure; or :
the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development ,
application were made for the requested change.
. Also, owner's consent is not required if the Assessment Manager is satisfied that:
the number of owners of the land make it impractical to obtain owners' consent, and the requested change does not materially
affect the owners’ land; or
‘= having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change

_ does not materially affect the owner's land, penne cere ct ces sedans ate ite nance ee!

 

8. Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,
Schedule 14?

No. nau... .1EL¥es ~ complete below details

 

Nature of State owned resource: a“ ‘
j Nature of Evidence required:

vidence of allocation of / entitlement to, the resource _|[T Evidence the chief executive has agreed tothe request;

    

fF the evidence required above /

 

 

70(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at:
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support -
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
‘required under section 264(1), :
1 :
Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may require :
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation '
2009 prescribes the State resources for which evidence is required to be given, and the evidence required, to support the application,

 

9. Declaration of applicant
We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this:
application with Council. Should any of the details given in relation to this application be changed in the future, the:
applicant Shall advise Council in writing prior to any such change being implemented. :

pe ounce pcos eet nen :
(yh! be Ce etree te tem we, PAE RO. Be. aow, |

 

 

Signature/s

 

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Page 9

OFFICE USE alos

 

 

 

‘Application no. {Amount paid _... [Date ppaid {Beceit ne. jInitial . . :Date stamp :
[Receiving Officer _.. _ ' i
|
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{ :

Payment options

In person [| 9 9 Pelican Street, Tewantin: : 8. 30 8.30 am to 4.30 pm Monday to Friday ( (excludes 3 public holidays),

  

 

 

 

 

 

  

 

, By mail , Cheque or money order to be made payable | to Noosa Co ci

| [1 Cheque id ] Money order q | Mastercard oo jo Visa ~~ . - |
| Cadnumbar ee _ [Expiry date ° a , * Amount $ ” . :
Name on card * Signature of cardholder — — ;
Lo PHONE conn -.__|ISa receipt required? Yes. INO

 

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