05/1189 - Change to Development Approval Condition - Condition 42 [As Published] · 132005.1189.02

Page 2

Form 2, Version 3.3, 28 May 2006

 

  

  

 

 

  

 

 

Request to change an

existing approval

 

Description of land

Allland the subject of the application must be
identified.

Advice for completing Q1

A description of the land is not required in
relation to a mobile or temporary
environmentally relevant activity.

Advice for completin and Q3

Provide the information from the existing
approval thatis the subject of this request for
change

Advice for completing Q4

Qé applies if development is proposed in a
water body of watercourse

Advice for completing Q5

Most land can be identified by a lot on plan
description. These details can be obtained from
title documents or through the local
govemment.

However, if the land on which the development

is proposed does nof have a lot on plan

description (0. the development is proposed in

a water body or watercourse) -

{i) provide the lot on plan description for the
adjolning/adjacent land; or

(ii) provide GPS coordinates where there is no
adjoiningfadjacent land (ie. in Moreton
Bay).

Advice for completing Q9
Q9 does not apply if the development is
proposed within a water body or watercourse

Advice for completing Q10

Q10 only applies If development is proposed
within a local govemment area.

Tidal areas are below high water mark and are
notwithin a focal govemmment’s area.

Advice for completing Q11

Q11 only applies if development is proposed on
strategic port land or a strategic port land tidal
area.

For more information refer to Guide 14
Development on strategic port tand

Note: These details will be included in the
original decision notice for the approval you
now wish to modify.

 

 

10.

11.

Street address (including house number, street name, suburbflocality name & postcode) (if anpkcable)
[ 201 Gympie Terrace and 3-9 Thomas Street, Noosaville |

Number on existing development permit or 3.
preliminary approval sought to be changed:
Condition 42 - File 2005/1189 | [ 16 June 2006

[i of water body or watercourse, within which the development is proposed: (if appficable)
N/A

Date issued:

 

]

 

Lot on plan description (eg. Lot 123 on RP 4567)/GPS coordinates
[-totGorRPOOSS-totetHe-PorRPteesetandtot rom ePsare2e Jp tb V/TI Tb

The above description is for: (tick applicable box)

[1 (i) the land on which the development is proposed; or

(fii) the land adjoining the water body or watercourse, within which the development is
proposed; or

DU (ili). the water body or watercourse.

Shop / tenancy number: (if applicable)

LNA ]

8, Storey / level: (if applicable)
[ NA

Total area of land: (m?/hap

Local government area in which the land is situated (eg. Brisbane, Esk, Hervey Bay, Woocoo etc.) (if
applicable)

[ Noosa |

 

Port authority for the strategic port land or strategic port land tidal area on which the
development is proposed (eg. Port of Brisbane, Port of Townsvilla) (if applicable) _

[NIA

 

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INTEGRATED PLANNING ACT 1997 Form 2, Version 3.3, 29 May 2006
Applicant details 12. Name:
Clearly identify who is making the application. [ Widewaters Investments Pty Ltd |
The applicant need not be the owner of the
land. tea 13. Postal address:
When signing and lodging this application ; 7
The applicant is responsible for ensuring the { C/- Ken Hicks & Associates, PO Box 6380, Maroochydore BC, Qid, 4558 |
information provided is correct. The .
assessment manager, any referral agency and | 14. Signature: Lf / 15. Date:
the Chief Executive (where appkcable) will rely
on this information when assessing and .
deciding the application.
Ifthe applicant is a company
A contact person must be shown. All 46. Contact S4rson:
correspondence will be mailed to this address. [ Scott Sthey ]

17. Telephone number: 18. Mobile number: (if appticable})

[ 5443 2844 ] [0400 775 835 |
19. Fax number: (ifapplicable) 20. Email address: (if applicable)
[ 5443 7146 | [ scott. [email protected] ]
Land owner/s consent (if applicable) 21. Land owner's consent:
Section 3.5,24(3) of the IPA requires that the
land owner's consent must be provided if the Name in Full (Sign turf Date
person making the request to change an a Ar
existing approvals not the land owner. (i) Widewaters Investments Pty Ltd
For information about land owners refer to a “F
Guide 4 Making an IDAS development i) Aen) 098 ‘Be 260 /p—
application.
Land owner's consent is not required for a (iii)
mobile or temporary ERA.
If an owner has signed this form as (iv)
applicant, their signature is not required again
in this section.
Ifthere are multiple owners, the consent of
gach owner is required.
Resource entitlement (if applicable) 22. At the time of the request, would a development application for the approval have required
Sections 3.5.22(4) & (5), 3.5.24(3B) & (3C), evidence of resource entitlement?
and 3.5.33(3B) & (3C) of the IPA may require 7
the written agreement of a resource manager if NO - go to Q24 [1 YES - goto 23
wre fenvet erecta nade 2 | 23. Isthis request accompanied by the written agreement of the chief executive from whom the
development application for the approval would evidence is required? (tick the applicable box)
have required evidence of resource entitlement NO - the written tof the chief ; t this
under secon 3.2.1(6) of he PA. SF VES 1 agreement ‘executive must accompany this request
Nature of the request 24. This request is for:
ea may request to modify an existing (An extension of the relevant period for the development approval (s 3.5.22)
: EK] To change or cancel conditions (s 3.5.33)
CJ To change the development approval (other than a change of a condition) (s 3.5.24)
CA change to conditions of a rezoning approval given under the P&E Act (s 6.1.354)
25. Provide details of, & justification for, the proposed modification
Condition 42 - refer accompanying submission

Concurrence agencies 26. Did the previous application involve concurrence agencies or building referral agencies?
Under $3.5.22(1)(a) & 3,5.24(1)(a) of IPA, a X NO
copy of this request must be forwarded to each a
concurrence agency for the previous (YES - fist the concurrence agencies who have been sent a copy of the request for modification
application prior to lodgement of this form with 7
the assessment manager. 0}
Note: “No” will always apply to a request to (ii)
change conditions of a rezoning approval given (ii)
under the P&E Act.

 

 

 

 

 

Page 4

a

af INTEGRATED PLANNING ACT 4997

Plans and documents

An application should be accompanied by
details to support the proposal & enable the
assessment manager, referral agencies and
any person viewing the application during
Public scrutiny or public notification to
understand the scope of the proposal and any

potential impact.

Form 2, Version 3.3, 29 May 2006
this
Plan / Drawing / Report Number Date

27.

   

 

 

 

OFFICE USE ONLY (appicabie 0 assessment manager)

 

DATE RECEIVED |

Sb

 

doo |Rererencenmeens " 7p9c/HtA

 

 

Page 5

_ y

ib

ken hicks

AND ASSOCIATES

4 June 2007
Our Ref: 07021 6T

The Chief Executive Officer
Noosa Council

PO Box 141

TEWANTIN QLD 4565

 

Dear Sir

REQUEST TO CHANGE AN EXISTING APPROVAL - DEVELOPMENT PERMIT REF 2005/1189
201 GYMPIE TERRACE AND 3-9 THOMAS STREET, NOOSAVILLE

In accordance with section 3.5.33 of the Integrated Planning Act a request is made by
Widewaters Investments Pty Ltd to change a condition of approval for material change
of use (2005/1189) in respect of land at 201 Gympie Terrace and 3-9 Thomas Street,
Noosaville. In support of the request we attach IDAS Form 2 and cheque for the
application fee of $745.00.

The request relates to condition 42 which requires “The existing overhead electricity
wires to the Gympie Terrace and Thomas Street frontage of the development shall be
directed underground to help beautify the Gympie Terrace and Thomas Street
streetscape and aid with the growth of street trees. This work shall be at no cost fo
Council".

This condition only requires undergrounding works to the frontage of the site, however in
order to comply with this condition, a ripple effect results, requiring significant works
which extend considerably beyond the frontage of the site. These works extend both
eastward and westward of the site along Gympie Termace and across/along the
eastern side of Thomas Street. A copy of correspondence and plan from Energex
indicating the cost (approx $213,400) and extent of undergrounding works is attached.
As can be seen from this plan these works will directly benefit future redevelopment
sites and provide substantial overall community benefits to the locality. These works are
clearly beyond the scope of works intended by the condition and it is unreasonable for
the subject site to bear the total cost of such works given the wider community benefits.

Having regard to Councils decision of 28 September 2006 to not require
undergrounding of electricity in respect of an office development at 17 & 19 Thomas
Street, Noosaville (file 2004/5402 - which has established a clear precedent), it could
easily be argued that no undergrounding of electricity along the Thomas Street
frontage of the subject site should be required. This is further supported by Councils
staff recommendation in the environment & planning committee report of 2 June 2006
to not require undergrounding along the full frontage of the subject site to Thomas
Street (notwithstanding this was subsequently not agreed to by Council). None-the-less
the applicant supports the best possible community outcome provided they are not
unduly prejudiced by unreasonable and onerous costs.

 

TOWN PLANNERS | CONSULTING SURVEYORS | URBAN DESIGNERS | PROJECT MANAGERS

Ken Hicks & Associates Pty Ltd | Suite 7 Dalton Centre, 1 Newspaper Place, Maroochydore BC QLD 4558, PO Box 6380, Maroochydore BC 4558
P 07 5443 2844 | F 0754437146 | A.C.N.010 278823 | A.B.N. 74 308 405 611

Page 6

In this regard given the wider community benefits that will result from the
undergrounding electricity works the applicants believes it is reasonable in this instance
that the cost be shared one-third , one-third, one-third between the developer, Council
and Energex. The applicant is aware this approach has been accepted previously by
Council. Sites where this has occurred in Noosaville include 229-231 Gympie Terrace
(Noosa Palm Tree Motel) and 225 Gympie Terrace (The Colonial Resort) and most
recently in Peregian for undergrounding works associated with a current development
in Heron Street. In these situations where works have a wider community benefit
Council approaches Energex to contribute to the cost. It is also possible in this situation,
as the works extend along the frontage of future redevelopment sites, for Council to
obtain development coniributions for the work from future development approvals.

Accordingly we request that condition 42 be amended to reflect a more reasonable
and equitable cost for the undergrounding electricity works on the basis of a one-third,
one-third, one-third contribution between the developer, Council and Energex.

The applicant is available to meet and discuss this matter in further detail.

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

Yours faithfully
KEN HICKS & ASSOCIATES

“ f

Scott Sobey
DIRECTOR

Page 7

44 September 2006

RPG Consulting Engineers
PO Box 2112
Noosa Heads QLD 4567

Dear Sir/ Madam

UNDERGROUNDING OF OVERHEAD MAINS - CNR THOMAS ST &
GYMPIE TCE.

Thankyou for your letter dated 11/09/2006, reference (6181rga2) requesting
preliminary costs and conditions for the undergrounding of existing overhead
electricity mains, as detailed on your attached plan.

\ advise your client is required to pay a capital contribution of approximately
$213,400.00 (GST inclusive) to have the construction completed based on
the following:

1. ENERGEX has clear access to our 0-900mm alignment, with no other
services impeding our construction methods.

2. ENERGEX is not responsible for the reinstatement of the footpath. Any
reinstatement costs have not been allowed for in this estimate.

3. If other services require relocation as a result of the intended works, it will
be at your clients cost.

4. The proposed scope of works is UG of existing OH mains, cnr Thomas St
& Gympie Tce, Noosaville, refer to the attached section of mains map.

This cost is preliminary only and is subject to a detailed design and estimate,
management approval and approvals from statutory authorities to complete
the construction. If you wish to proceed, please forward a design fee of
$21,340.00) (including $1,940.00 GST). Please enclose final design
requirements, such as any special streetlight requirements, with the design
fee. An offer to complete the works will be forwarded to you approximately 14
weeks after payment has been received. The design fee is not refundable,
however, will be deducted from the final offer amount.

Note that the offer will not be a fixed cost as actual costs are to apply.

Please note that this information is valid for 60 days only. Construction work
will not be programmed for commencement prior to receipt of final payment.

energex

Enquiries

Col Hall

Telephone

(07) 5470 8427

Facsimite

(07) 5470 8407

Email

[email protected]

Energy Delivery

2 Progress Road
Maroochydore Qld 4658
Telephone (07) 5470 8439
Facsimile (07) 5470 8407

Corporate Office

150 Charlotte Street
Brisbane Qld 4000

GPO Box 1461

Brisbane Qld 4001
Telephone (07) 3407 4000
Facsimile (07) 3407 4609
www.energex.com.au

ENERGEX Limited
ABN 40 078 849 055

Page 8

If you accept the offer and make final payment, works to be completed approximately
12 weeks from payment date.

(f you have any further queries on this matter, please do not hesitate to contact Mr Col
Hall on (07) 5470 8427 and quote reference number WR 486548.

Yours faithfully

i, Hl

Col Hall
Planning Officer.

For General Manager Asset Services

Page 9

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Exact positions of cables and electrical Connectivity should be confirmed on site.

 

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Page 12

 

 

Xm LAND USE SECTION FEES
wow MOS :

RECEIPT TYPE

 

 

SALE OF DOCUMENTS
Superseded Planning Scheme Documentation 520
Copy of Permit/Approval Letter 110
The Noosa Plan Documentation 111
APPLICATION FEES
Material Change of Use - Code/Impact
Consistent 521
inconsistent 521
Assessment under Superseded Planning Scheme 521
Modification to a Development Permit 7£0-00 521
Extension of a Currency Period : 521
Operational Works - Landscaping §21
Bldg Work assessable against the Planning Scheme 521
PRE LODGEMENT REVIEW
Half Hour 522
One Hour ; 522
ADVERTISING
Purchase Advertised Applications §23
JETTIES
Jetty Application Fee 524
Jetty Bond 51
(Category 4)
BONDS
Performance Bond . 51
(Category 9)
SIGNS
Registration Fee . , 222
SEARCH FEE
Search of Land Use Section file 112
Liquor Licensing Request 113
Tota. $ /J0- 00
NAME: Widtwattts lvvtsthtdsl Pty LtA

 

appress: C/- ten Micky + Avocent 7
(0 pox 6340, Matorchyudou QW) 9448:

 

 

 

FiLENO: 2004/ 1/04 “pate: JS:6- 07
RECEIPT NO: QdLZ O06" Signature of TP Officer: /.
AUTHORITY NO: :

 

3/04 / nea /2

Page 13

CALCULATION OF FEES

 

APPLICATION

FEE

TOTAL
FEES

 

MCU - CODE ASSESSMENT
Details of Development

Consistent 1.0
Inconsistent 3.0

FEE CALCULATION

 

MCU - IMPACT ASSESSMENT
Details of Development

Consistent 1.0
Inconsistent 3.0

FEE CALCULATION

 

OPERATIONAL WORKS
Details of Development

FEE CALCULATION

 

 

 

 

TOTAL FEES