HOA Consent · 132007.2399.02

Page 2

Thank you so much for your response and pending approval. We acknowledge the requirement to provide additional
information as required by the Design Guidelines.

I am however confused about the requirement to have to gain exclusive use for the requested change to the road way.
That is all we seek to do – change the direction of the road to gain access to the driveway in our desired location.

The current road leading up to the property boundary is not specifically identified as an exclusive use zone. The road is
on common property, as is the area we desire to utilise.

The road is indicated as an outline, however without specific title, only that it resides within the overall Common Property,
that abutts the client’s property. There are no exclusive use zones to any of the other driveway accesses on the estate
either.

The requested requirement does not make any lawful sense. Please review this requested requirement with your
advisors, as it does not appear to accurate.

Regards,
gavin maddock

p.o. box 1982 noosa heads qld 4567 australia t +61 (0)400 500 980 e [email protected]
G04, 4 loop street cape town 8001 south africa t +27 (0)76 892 1040 w www.gavinmaddock.com


From: Keith Calvert <[email protected]>
Sent: Tuesday, June 27, 2023 9:16 AM
To: Gavin Maddock <[email protected]>
Subject: RE: Building application Lot 17 The Oasis

Hello Gavin,

The commi ee met yesterday to consider Peter Hull’s recommenda ons for the proposed dwelling at Lot 17 Oasis
Drive.
Peter recommended the applica on be approved subject to complete informa on being received. This includes fully
dimensioned plans, stormwater design, schedule of external finishes, geotechnical report, structural engineers
cer ficate, landscape plan and method of works statement.
The commi ee has been advised that in order to allow the proposed driveway to occupy common property, the
applicant would need to gain a right of exclusive use. As far as I am aware, this can only be achieved by unanimous
agreement of the body corporate (not just the commi ee) at a General Mee ng (either AGM or EGM). If this approval
were to be received, the applicant would then need to apply for either a transfer of land in the tle or an exclusive use
en tlement. This process would involve a quan ty surveyor, valuer, legal representa ve, etc.
Please let me know how you would like to proceed.

Regards,
Keith Calvert
Chairman – The Oasis Body Corporate Commi ee

From: Gavin Maddock <[email protected]>
Sent: Thursday, June 22, 2023 8:52 AM
To: Keith Calvert <[email protected]>
Subject: RE: Building application Lot 17 The Oasis




                                                                      2

Page 3

Hi Keith,

I appreciate that, thank you.

Regards,
gavin maddock

p.o. box 1982 noosa heads qld 4567 australia t +61 (0)400 500 980 e [email protected]
G04, 4 loop street cape town 8001 south africa t +27 (0)76 892 1040 w www.gavinmaddock.com


From: Keith Calvert <[email protected]>
Sent: Thursday, June 22, 2023 8:45 AM
To: Gavin Maddock <[email protected]>
Subject: RE: Building application Lot 17 The Oasis

Hi Gavin,

Peter sent his review back to me and I have distributed that to commi ee members.
We have a mee ng on Monday morning and we will discuss the applica on then.
I don’t think we will need to meet again but thanks for the offer.

Regards, Keith

From: Gavin Maddock <[email protected]>
Sent: Wednesday, June 21, 2023 10:42 PM
To: Keith Calvert <[email protected]>
Subject: RE: Building application Lot 17 The Oasis




Hi Keith,

Has Pete been able to review the modifications yet? Happy to meet again, should that make things easier to navigate.

Regards,
gavin maddock

p.o. box 1982 noosa heads qld 4567 australia t +61 (0)400 500 980 e [email protected]
G04, 4 loop street cape town 8001 south africa t +27 (0)76 892 1040 w www.gavinmaddock.com


From: Keith Calvert <[email protected]>
Sent: Tuesday, June 13, 2023 8:47 AM
To: Gavin Maddock <[email protected]>
Subject: RE: Building application Lot 17 The Oasis

Hello Gavin,

                                                                      3

Page 4

Thanks for your revised applica on.
I will contact Peter Hull today and get back to you as quickly as I can.

Regards, Keith

From: Gavin Maddock <[email protected]>
Sent: Monday, June 12, 2023 11:01 AM
To: Keith Calvert <[email protected]>
Subject: RE: Building application Lot 17 The Oasis




Good Morning Keith,

I trust you are well.

Please find attached the revised design application for the new residence at Lot 17, 35 Oasis Drive for your review and
consideration for approval.

We have addressed each of the items you have listed below.

    1. Please note that the prescribed tiled roof area is 60%, as referenced in the “9163 Supplementary Information for
       Building” document in clause 3. Roofing on page 2. These roofs have been adjusted accordingly.

    2. We have reshaped and repositioned to the swimming pool to comply

    3. The existing boundary wall heights remain as is and the ground levels that abutt them also.

    4. We have realigned the road / driveway to swap out the amount of landscape in order that the common property
       garden remains the same size.

I trust that the revisions will meet with a favourable response.

Please do not hesitate to contact me with any queries you may have.

Regards,
gavin maddock

p.o. box 1982 noosa heads qld 4567 australia t +61 (0)400 500 980 e [email protected]
G04, 4 loop street cape town 8001 south africa t +27 (0)76 892 1040 w www.gavinmaddock.com


From: Keith Calvert <[email protected]>
Sent: Friday, May 5, 2023 8:24 AM
To: Gavin Maddock <[email protected]>
Subject: Building application Lot 17 The Oasis


Hello Gavin,

The Oasis Body Corporate Commi ee has considered your applica on for Lot 17, 35 Oasis Drive, Noosa Heads. We have
referred to the covenants and by‐laws and consulted with the reviewing architect Peter Hull. A er considerable
discussion and evalua on, we request you resubmit the applica on taking into account the following points:
                                                                      4

Page 5

1 Tiled roof – a minimum of 65% of the whole roof is to be led, not just the top level. The flat area shown in the
original applica on as landscaped roof is considered a roof. At present, only around 23% of the roof is shown as led.

2 Swimming pool ‐ The Body Corporate Commi ee has consistently determined that the water in a swimming pool be a
minimum of 900mm from boundary where the pool abu s the golf course. This requirement remains in place.

3 Ground level – The proposed plan shows an increase in ground level within 1500mm of the boundary for
approximately 70% of the western boundary and 100% of the north‐western boundary. This is not permi ed. The
specifica ons of the exis ng walls do not allow for increased retaining.

4 Driveway realignment – The proposed driveway occupies common property. Considera on would be given to a
comparable swap. That is, if x square metres of common property is required, then x square metres of Lot 17 be
provided for common property garden.

I wish to emphasise that all residents have faced the same restric ons from covenants and by‐laws when designing their
dwellings. In many instances, people may have preferred something different but were required to comply with the
wishes of the developer (and subsequently, under delegated authority, the body corporate commi ee).

Could you please resubmit your applica on, taking into account the above‐men oned points.
The commi ee is happy to answer any ques ons you may have.

Regards, Keith Calvert
Chairman – The Oasis Body Corporate Committee

Phone: 0412 542 859




                                                           5