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04/4206 - Change to Development Approval - Extension to Relevant Period [As Published] · 132004.4206.02

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RECEIVED -
=8 OCT 2008

i

ken hicks

AND ASSOCIATES

Tewantin
6 October 2008

Our Ref: 080750T
Council Ref: 2004/4206

Sunshine Coast Regional Council
Tewantin Office

PO Box 141

TEWANTIN QLD 4565

ATTENTION: Kerri Coyle
Dear Kerri

EXTENSION TO CURRENCY PERIOD
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE AND RECONFIGURING A LOT -
2004/4206

126 — 132 GYMPIE TERRACE, NOOSAVILLE
LOTS 1, 2,3 & 9 ON MCH3881

In relation to the abovementioned Development Permit originally granted by Noosa Shire Council on 9
June 2005, with a Negotiated Decision Notice granted on 24 August 2005 and on behalf of the applicant
(NC Oliver Properties Pty Ltd) we hereby request to extend the currency period of the approval in
accordance with Section 3.5.22 of the Integrated Planning Act 1997.

In support of this request we enclose IDAS Form 2 Development Application — Request to Change an
Existing Approval. We note that the signed landowners consent and cheque for the required fee of
$600.00 has been sent directly to Council and is currently being held by Trish Sweeney.

The development permit for Material Change of Use and reconfiguring a lot provides a currency period
until 9 June 2009 (condition 12). Subsequent to this approval a development permit for Operational
Works was granted by Council on 28 June 2007.

The purpose of this request to extend the currency period is to bring the currency period generally in line
with the provisions of section 3.5.21 of the Integrated Planning Act.

Sections 3.5.21 (1) and (2) provide a relevant period for the MCU and reconfiguration (requiring
operational works) of 4 years. This period is generally represented by condition 12. Section 3.5.21 (4)
provides however, that this relevant period is taken to have started on the day the latest ‘related
approval’ takes effect. Section 3.5.21 (7) requires that an application for the first related approval (ie
operational works or building works) must be made to the local government or private certifier within 2
years of the original MCU or reconfiguration approval. The first related approval in this case, being
Operational Works, was made to Council within 2 years of the original MCU and reconfiguration approval.
As such were it not for condition 12, the relevant period of the MCU and reconfiguration approval would
now be until 28 June 2011.

In this regard we request that Council extend the currency period of the development permit for MCU
and reconfiguration under file 2004/4206 until 28 June 2011.

 

TOWN PLANNERS | CONSULTING SURVEYORS | URBAN DESIGNERS | PROJECT MANAGERS
Ken Hicks & Associates Pty Ltd | [email protected] | A.C.N. 010 278 823 | A.B.N. 74 308 405 611

Suite 7 Dalton Centre, 1 Newspaper Place 18/42 King Street 61-73 Sturt Street
PO Box 6380, MAROOCHYDORE BC, Qld 4558 PO Box 1712, CABOOLTURE, Qld 4510 PO Box 5027, TOWNSVILLE, Qld 4810
P 075443 2844 FF: 07 54437146 P 0754955318 — F 0754955317 P 07 4721 3066 F 07.4721 3088
Full text of the other 4 pages

Page 2

We look forward to Councils assessment of this request and issue of an extension to the currency period.

Should you have any questions with respect to the above, please do not hesitate to contact me direct.

Yours faithfully
KEN HICKS & ASSOCIATES

Scott Sobey
DIRECTOR

Page 3

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

      

Form 2 Development Application

Request to change
an existing approval

[Betatls of person making the request 7 1

 

1. Who is making the request?

 

 

Company/organisation name
(lf applicable)

 

NC Oliver Properties Pty Ltd

 

 

 

Individual applicant/Contact person {if there is more than one applicant, provide details under Add another applicant)

Title First name [Scot Lastname

Postal address {cr Ken Hicks & Associates, PO Box 6380, Maroochydore BC, Qld 4556 |

Contact telephone number 107 5443 2844 Mobile phone number 0400 775 835
Facsimile number 07 5443 7146 e-mail address [scott [email protected] |

Petaits of the existing approval |

2. What are the details of the approval sought to be changed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

if orf 1 Assessment manager
Type of approval Identification number Date issued i not made to the

 

[J Development Permit

. 2004/4204 25 August 2005 Sunshine Coast Regional Council
( Preliminary Approval

 

 

 

 

 

 

 

identification of the premises |
3. Can any part of the premises be identified by a street address or lot on plan description?

LJ No - Answer Q3(a)

{X] Yes - Complete Table B and Q3{b)

 

 

 

 

Table B
Street Address Lot on plan description
wa xa a in Local government area
Number | number Street Name and official suburviocalty neme code No Phan type and number _
1 126 ae Gympie Terrace, Noosaville 4566 12,389 | MCH3881 Sunshine Coast

 

 

 

 

 

 

 

 

 

3(b). Can the address be further described by shop/tenancy number or storey/level?

&X No

L) Yes - Complete Table C

Page 4

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

4. Can the premises best be identified by coordinates (e.g. for development proposed in waters, or on a site within a large rural tot}?

—} No

(1 Yes - Complete Table D

5. Whats the total area that makes up the premises (ie. the area covered by the application)?

 

 

 

 

 

 

 

 

 

 

Area of land above high water mark/outside watercourse Area in a water body or watercourse
or CD hectares om hectares
{Tick applicable unit) (Tick applicable unit)
[Owner's consent and resource owner's agreement |

 

6. __ Is the person making the request the owner of the land to which the approval attaches?
h4| Yes O No - Complete Table E - provide defails for each owner on a separate row, or on an attachment to this form if applicable. Note: Advice
provided at the end of this form details when owner's consent is not required.

7. |fan application for the existing approval were being made now (i.e. at the time of making this request), would evidence be required to
support the application because it involved taking or interfering with a State-owned resource prescribed by schedule 10 of the Integrated
Planning Regulation 1998 (IP Reg) or any other regulation

EX] No O Yes - Complete Table F and submit, with the application, written agreement to the request.

 

[Nature of the request ]
8.  Whatis the nature of the request for change? (Tick the applicable box/es)

EX] An extension of the period before an approval lapses (under IPA, section 3.5.22)

{-] To change the development approval other than a change of condition (under IPA, section 3.5.24)

[1] To change or cancel a condition of approval (under IPA, section 3.5.33) - Go fo Qtt

oO To change conditions of a rezoning approval given under the Local Government (Planning and Environment) Act 1990 (under IPA,
section 6.1.35A) - Go to Q12

9. Were one or more concurrence agencies involved in the approval?

XM No O Yes - Complete Table G. Submit, with the application, a copy of the notice required to be sent to each agency under IPA sections
3,5.22(1)(a) and 3.5.24(1)(b).

10, Does the request for change relate to an aspect of the approval that involved a building referral agency?
xX No O Yes - Complete Table H. Submit, with the application, a copy of the notice required to be sent to each agency under IPA section

 

 

 

 

 

 

 

 

 

 

3.5,24(1)(0).
Betaits and reasons or justification for the request |
11. What are the details of the requested change and the reasons or justification for the change? Use a different row for each change if more
than one.
Details of requested change (including extension of the period # relevant) Reasons or justification for the requested change
1 | Extension of currency period Consistency with provisions of IPA
\Mandatory attachments and information |

 

12. What are the mandatory attachments and supporting information accompanying this application?

Description of attachment or information Title and date (ep ) Method of delivery to

(e.g. notice to concurrence /buikding referral agencies,
lowner’s consent, resource owner's agreement, drawings, reports) (e.g.dames Street Traffic Report) assessment manager

 

 

Owners Consent

 

 

 

 

 

 

Page 5

ad

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

 

OFFICE USE ONLY

 

 

 

 

433062
Date Received | Reference Numbers fs Cost Code (apoticabie to EPA only) (ERAS)

 

 

 

 

 

Advice for completing Form 2

General advice
© Form 2 may be used for any one of the four types of request for changing an existing approval -
¢ —an-extension of the period before an approval lapses (under IPA, section 3.5.22)
« — to change or cancel a condition of approval (under IPA, section 3.5.33)
* — to change the development approval other than a change of condition (under IPA, section 3.5.24)
* — to change conditions of a rezoning approval given under the Local Government (Planning and Environment) Act 1990 (P&E Act) (under IPA,
section 6.1.35A)

» Form 2s not an approved form under the IPA. The assessment manager, concurrence agency or court may have their own form for the purpose of
making a request to change an approval. in the case of a request to change conditions of a rezoning approval, the P&E Act establishes the process to
be followed and provides for the local government to determine the required form.

> — The entity that should receive the request is:

« — for an extension of the period before an approval lapses - the assessment manager (even if the approval was granted by the court (IPA, section
3.5.22(9))

¢ — tochange or cancel a condition of approval - the entity that decided or required the condition (i.e. the assessment manager, a concurrency
agency or the court)

« — tochange the development approval - the assessment manager

« — tochange conditions of a rezoning approval - the local government

» When paying fees to the Environmental Protection Agency by electronic funds transfer (EFT) for requests relating to environmentally relevant activities
(ERAs) or coastat development, use the process from the information sheet Electronically paying fees to the Environmental Protection Agency (EPA)
and attach the form Electronic Funds Transfer (EFT) payment notification to the request.

 

 

Q1 Any person may make a request to change an approval. However, in the case of a development approval for building work or operational work
for the supply of community infrastructure on land designated for the community infrastructure, only the person supplying the infrastructure may
make a request (IPA, section 3.5.33(3A)).

 

Q2 If the request is made to a concurrence agency or the court, notice of any subsequent change or cancellation of a condition must be given to the
assessment manager (IPA, section 3.5.33(9)).

 

Q6 ° If the person making the request is not the owner of the land to which the approval attaches, the request must be accompanied by the
owner's consent. (IPA, sections 3.5.22(3), 3.5.24(3), 3.5.33(3)).
° However, owner's consent is not required if the approval is for:

«  amobile and temporary ERA; or

. building work or operational work for the supply of community infrastructure on land designated for community infrastructure
(IPA, section 3.5.33(3A)).

 

Q7 The request must also be accompanied by the written agreement of the chief executive from whom evidence of resource allocation or
entitlement would be required if an application for approval were being made. (IPA, sections 3.5.22(5), 3.5.24(5), 3.5.33(3C))

 

Qe For a request to extend the period before an approval lapses, or to change a development approval, each concurrence agency for the approval
must be given written notice of the request (IPA, sections 3.5.22(1), 3.5.24(1)).

 

Qi0 For a request to change a development approval, if the subject of the request involved a building referral agency, that agency also needs to be
given notice of the request (IPA, section 3.5.24(1)). For a request to change conditions the opinion of a relevant building referral agency must be

 

 

given regard to by the entity deciding the request (IPA, section 3.5.33(9)}.

 

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