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MCU21.0192-Reps to Council's Conditions

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30th March 2022

Our Ref: 002357
Council’s Ref: MCU21/0192


Noosa Shire Council
The Chief Executive Officer
9 Pelican Street
Tewantin QLD 4565
Via email: [email protected]


ATTENTION: Maxwell Potter


Change Representations - Proposed Material Change of Use to Establish a Dual Occupancy

164 Edwards Street, Sunshine Beach 4567 QLD
Lot 108 on RP94566


Dear Maxwell,

In relation to the abovementioned Decision Notice MCU21/0192 issued by Noosa Council on 17th March 2022,
on behalf of Shane Tye we hereby provide the following Change Representations to the Conditions listed
within the Decision Notice in accordance with s.75 of the Planning Act 2016.

Our representations relate to Conditions 17 (d), 18, 26, 27 and 28.


Condition 17 (d) – Edwards Street Landscaping

17.     The development site must be landscaped. The works must be undertaken in accordance with an
Operational Works approval and the Noosa Plan for that specific area and PSP2 - Landscaping and must
include in particular:
        (d) a 2 metre wide landscaping strip along the Edward Street road frontage of the subject site,
        exclusive of the access driveway, generally uncompromised by infrastructure items.


Representations to Condition 17(d)

Landscaping Plan WD.2.07, revision C, prepared by Garland Design and dated 21/12/2021, as approved by
Council (included in Condition 2 Approved Plans) comprises of landscaping to the Edwards Street frontage.
Plan WD.2.07 includes landscaping of 500mm deep to Council’s road reserve and 1500mm of landscaping
from the property boundary to the timber fencing. In front of the pool, further landscaping is proposed. This

RG Strategic                                                          PO Box 1818    07 5474 3873
                                                                      Noosa Heads    [email protected]
                                                                      QLD 4567       rgstrategic.com.au
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area is to be landscaped with an additional 1000mm (width) of planting for an approximate length of
4800mm (length of pool). In total, a landscaped outcome of 2 metres, and in a section 3 metres (deep) is
achieved along the street frontage.

Additional landscaping it proposed behind the front fence and adjacent to the front entry door, creating
visual privacy and enhancing the streetscape. The landscaping along the street frontage is reduced only in
the areas in front of the visitor car park, access driveway and in front of the bin storage as necessitated.


Proposed Amendment to Condition 17(d)

It is proposed that Condition 17(d) is amended to read as:

17.     The development site must be landscaped. The works must be undertaken in accordance with an
Operational Works approval and the Noosa Plan for that specific area and PSP2 - Landscaping and must
include in particular:
        (d) a landscaping strip along the Edward Street road frontage of the subject site is provided as shown
        on the approved Landscaping Plan WD.2.07.


Condition 18 – Boundary Landscaping

18.     Screening vegetation must be planted for the length of the rear property boundary in accordance
with Council’s Planning Scheme Policy PSP2 - Landscaping. The planted vegetation must have a minimum
pot size of 45 litres and consist of native, endemic species with a mature height of not less than 3 metres and
a minimum spacing of 0.5 metre centres.


Representations to Condition 18

Condition 18 is a duplication of Condition 17(e). Condition 17(e) requires dense planting along the northern,
eastern and southern boundaries to screen the development, at a height of 4-6 metres.

Landscaping Plan WD.2.07 includes mass planting of Frazer Island Apple trees. These trees grow to a height
of 5-8 metres, and a width of 4-6 metres. They are bird, bee and insect attracting and are suitable for hedging
and screening. The Frazer Island Apple is a native evergreen that is well adapted to coastal areas as it
tolerates sandy soils and salt spray.

A minimum spacing of 500mm centre to centre is insufficient room for the proposed screen planting to the
boundaries and will restrict the growth of the trees. A detailed planting schedule and plan will be lodged as
part of application for an Operational Works Permit as required by the Decision Notice.


Proposed Amendment to Condition 18

It is proposed that Condition 18 is deleted.


Condition 26 - 28 – Easement

26.     Unless otherwise agreed in writing by the relevant service provider, any public or third party

                                                                     PO Box 1818        07 5474 3873
                                                                     Noosa Heads        [email protected]
                                                                     QLD 4567           rgstrategic.com.au

Page 3

infrastructure located on the subject site must be placed within an easement registered against the title of
the property.
27.    All easements must be designed in accordance with the planning scheme and granted at no cost to
the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in
accordance with the Grantee’s standard easement terms. Draft easement documentation must be
submitted to Council for endorsement.
28.    All works must be kept clear of any existing or proposed easements on the subject land, unless agreed
otherwise in writing by the Grantee.


Representations to Condition 26-28

No easements exist on the site, and no easements are proposed. Easements are not required for the provision
of infrastructure or services to the proposed duplex. Therefore, these conditions are not relevant to the
approved use and should be deleted.


Proposed Amendment to Condition 26-28

It is proposed that Conditions 26, 27 and 28 are deleted.




Thank you for your consideration of the above Change Representations to the Conditions within Decision
Notice MCU21/0192 issued to the applicant on 17th March 2022.

Should you require any additional information or have any queries please to not hesitate to contact us.



Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic




                                                                  PO Box 1818        07 5474 3873
                                                                  Noosa Heads        [email protected]
                                                                  QLD 4567           rgstrategic.com.au

Page 4

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CREATIVE THINKING

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