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

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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.

 

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Ken Hicks & Associates Pty Ltd | Suite 7 Dalton Centre, 1 Newspaper Place, Maroochydore BC QLD 4558, PO Box 6380, Maroochydore BC 4558
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