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NSC_Minor Change_Cover Letter_20260624 · 132005.1133.17
There is a separate development approval over the adjacent Precinct E2 for a Multiple Dwelling (Type 4 Conventional – 39 Units & 1 Manager’s Unit) in accordance with recent modification approval issued by Council on 22 March 2022 Council Ref: MCU15/0109.04. Precinct E2 and F have been developed in an integrated manner to allow for internal road and pathway connections between the two sites. We note that the reconfiguration of a lot (to facilitate the creation of up to 26 balance lots) approval issued by Council further reinforces the staged and integrated manner within which these development approvals are being delivered. The change application has been prepared in response to a Show Cause Notice RM25/21318. It is a minor change that involves conversion of common property from ancillary staff “tearoom” and a storage room to residential functions, consistent with the overall development approval for multiple dwellings. Section 79(2) of the Planning Act 2016 requires a change application to be accompanied by the landowner’s consent, unless (among other things) the site is “excluded premises”. Relevantly, excluded premises is defined under the Act at subparagraph (b) to mean: i. … or ii. the responsible entity or assessment manager considers the application does not materially affect the premises and that, given the nature of the change, the owner of the premises has unreasonably withheld consent; or… On about 6 May 2026, the applicant requested an Extraordinary General Meeting (EGM) of the Body Corporate for the Parkridge Green Noosa North Community Title Scheme (CTS), being the owner of the Common Property, to consider and vote on a motion to provide landowner consent to the lodgement of the change application. On 19 May, the Body Corporate requested additional detailed information, including approved building plans, engineering reports, waterproofing certificates, occupancy approvals, leasing records, and any council correspondence. Our client provided all requested information on the same day. Despite repeated attempts, the Body Corporate has refused to respond to the request for an EGM. The proposed change, as described below, is considered minor amendment to the approved development and does not have any material impact on amenity, carparking provision or bulk and scale of the built form. In such circumstances, the site is considered “excluded premises” because the application does not materially affect the premises and the owner has unreasonably withheld its consent. As a result, consent of the owner, the Body Corporate for the Parkridge Green Noosa North CTS is not required. 2.0 DESCRIPTION OF PROPOSED CHANGES The proposal involves changes to the use of Common Property within the basement of Block 14 of the Parkridge Noosa development, which has been constructed. The affected land is described as Lot 0 on SP300918 of the Parkridge Green Noosa North CTS. An extract of the approved plan is provided below: JFP Ref: M2652/F Page 2
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