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L63 changes cond to DSDIP · 152006.862.02

Attached to the e-mail 152006.0862.02 - Request Extension to Relevant Period..

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DERM Reference: eLVAS – 2006/00658 and IC0706NAM0013
Council Reference: 2006/862
Our Reference:     0 510 L62 NG




  th
24 March 2014



State Assessment and Referral Agency/ South East Qld North Regional Office
Department of State Development, Infrastructure and Planning
Via MyDas at www.dsdip.qld.gov.au

Confidential Email Transmission
Original in Post: No




Dear Sir/Madam


RE:     Request to Change Conditions Associated with a Development Permit and Extension
of Currency ______________________________________________________________
Development Application – Reconfiguration of a Lot for Premises situated at 1270 McKinnon
Drive, Ringtail Creek described as Lot 26 on SP 104706

Martoo Consulting has been engaged by Mr. J Franz the owner of the above site, to change five
conditions of the above development approval 2006/862 and request an extension to the currency
period.

In March 2010, Sunshine Coast Council approved a development application for a Reconfiguration
of a Lot (one lot into two lots) subject to a number of conditions including those that restricted the
house site location on the larger northern lot outside mapped vegetation. (Council reference
2006/862). The Department of Environment and Resource Management (DERM) requested
conditions to be included on the approval.

In December 2011, Sunshine Coast Council approved a development application for a Material
Change of Use of Premises (Detached House) for a dwelling on the proposed larger lot of the
subdivision which permitted the location of the dwelling within the mapped vegetation. (Council
reference MCU 11/0204

The applicant has been progressing with the subdivision approval (2006/862) has lodged an
application for operational works, received approval and paid the relevant bond. However following
approval of the subdivision approval Council notified the applicant that the Development Approval
for the dwelling (MCU11/0204) was not consistent with conditions of the subdivision approval. In
this regard the conditions of the subdivision approval state that the location of future dwellings are
to be outside the mapped Remnant Vegetation, whereas the MCU approval approves a dwelling
within the mapped vegetation area.

The applicant has met with Council staff who have advised that to progress the subdivision
approval and MCU approval, changes to the subdivision approval will be necessary. It is noted that
Council staff were supportive of the proposed changes to the subdivision conditions.

The applicant is therefore requesting changes to those conditions that conflict with the MCU
approval for a dwelling as detailed below:
Full text of the other 1 page

Page 2

        Page 2



DERM REF - eLVAS – 2006/00658 and IC0706NAM0013
   – All residences and associated buildings are to be setback 40 metres or more from
      remnant vegetation shown on the annotated site plan
   – All new allotment boundaries are to be setback ten metres or more from remnant
      vegetation shown on the annotated site plan
   – This approval does not provide any authority under the Vegetation Management Act or
      IPA to clear vegetation.

Representation to condition – The applicant requests deletion of the requirement as Council has issued
approval for a dwelling within the remnant vegetation area under MCU 11/0204. The condition is
therefore inconsistent with the later MCU approval.

Recommendation: delete condition.



Please contact me if you require any further information and/or clarification.


Yours sincerely




Nadine Gorton
Senior Planner
martoo consulting pty. ltd.

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