L04 To NC -lodge changes repres

Council’s Reference:      RAL 20/0024
Our Reference:            02778 L04 GM
Our Contact Person:       Greg Martoo



22nd March, 2021



Chief Executive Officer
Noosa Council
PO BOX 141
TEWANTIN Q 4565

Attention: Tara Norley - Development Planner


Dear Tara,


RE:        CHANGE REPRESENTATIONS TO COUNCIL’S CONDITIONS
           Development Application – Reconfiguring a Lot – Access easement Over Land
           Described as Lot 11 on SP216099 and Located at 1327 Cooroy Belli Creek Road,
           Ridgewood: Scott Frew


Reference is made to Council’s decision notice dated 17 March 2021 in relation to the above
development application (“Council’s Decision Notice”) which was assessed under the Noosa Plan
2020 (25 September 2020) (“the planning scheme”).

In accordance Section 75 of the Planning Act 2016 and the applicant requests suspensionof the appeal
period resulting from Council’s Decision Notice in order to make these change representations.

These change representations identify that condition being negotiated by the applicant, the applicant’s
concerns in relation to this condition, and an amendment to Council’s Decision Notice that is acceptable
to the applicant.


Condition 7:          All easements must be designed in accordance with the planning
scheme and granted at no cost to Council.

Applicant’s Concerns response to Condition 7: Condition 7 above is considered too vague as
it does not identify which provision in the planning scheme needs to be complied with as a result of
this condition and also what aspect of the proposed design that this condition refers to.

The planning scheme is a lengthy document that makes various references to easements in a
number of situations. Condition 1 in Council’s Decision Notice states that – ‘Development
undertaken in accordance with this approval must generally comply with the approved plans of
development. The approved plans are listed in the following table unless otherwise amended by these
conditions.’

The proposal plan referenced in Condition 1, being D-02778-01-B, was based on an accurate field survey
as explained in the development application, because among other things, it was considered essentially
to confidentially locate existing buildings with respect to existing and proposed cadastral boundaries.