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132004.240018.9 (23689 DA) - Request to extend currency period
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THG
Planning Assessment
NOOSA SHIRE COUNCIL
PO Box 141
TEWANTIN QLD 4S6S
Our Ref: 2S030
4'" June 2014
Dear Sir or Madam,
RE REQUEST TO EXTEND CURRENCY PERIOD IN ACCORDANCE WITH SECTION 383
OF THE SUSTAINABLE PLANNING ACT 2009 - MATERIAL CHANGE OF USE
(DEVELOPMENT PERMIT) FOR 174 DWELLING HOUSES AND RECONFIGURATION
OF A LOT (DEVELOPMENT PERMIT) FOR 174 LOTS OVER LAND LOCATED AT
LOT LOT 28, STRAKER DRIVE, COOROY DESCRIBED AS LOT 28 ON SP230060
[COUNCIL REFERENCE: 2004/240018 (23689 DA)]
In relation to the above development application for which Council approval was granted
on 7'" September 2006 (by way of a Negotiated Decision Notice). we hereby request in
accordance with Section 383 of the Sustainable Planning Act 2009, that the currency
period of this approval be extended.
Specifically, we request an extension to the currency period of not less than four (4) years
i.e. new currency period expiry date of 7'" September 2018.
We note that the development has commenced with Stages 1, 2 and 3 completed and titles
created.
The development itself comprises some 174 residential lots, and which also requires a
number of external road upgrades to be undertaken for which Council is well aware that
these works are relatively complicated with a range of titling, ownership and state
legislation issues complicating and thus delaying the completion of these works within the
previously agreed timeframes.
Specifically, the development is dependent upon the developer undertaking significant
external road upgrade works to Garnet Street and Pine Street namely associated with
Conditions 6S.1 .2 and 6S.1.3.
A Permissible Change Approval was granted by Council on the 7'" April 2011 which
provided the ability to enter into an Infrastructure Agreement with Council. The IA was
subsequently executed in July 2011 and enabled the completion of Stage 3, the lodgement
Brisbane Office locations [email protected]
\ Box: ,-;?.t??.:!. R: .. e~:1
16 julia Street Mackay www.thg.com.au
PO Box 1038 Proserpine THG WSG Pty ltd
Fortitude Valley Qld 4006 Bowen ABN 55156210052
Phone (07) 3666 4700 trading as THG Resource Strategists
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,
of a bond for the completion of the road works, and delay the completion of these works
until the lodgement of the survey plan for Stage 4.
Unfortunately, due to the range of ownership arrangements for the road and adjoining
lands together with the state environmental issues also effecting this locality, the
advancement of these works and resolution of an appropriate approval and thus way
forward, has not yet been achieved.
In light of the above, we thus seek a further extension of time to the currency period in
order to enable Peet to resolve all outstanding issues and approvals needed in order to
complete all required external road upgrades.
In addition to the above, and in consideration of Section 388(1) of the Sustainable Planning
Act 2009, we provide the following comment:
Section 388 (1) (a) - (c), Sustainable Response
Plannina Act 2009
1. In deciding a request under section
383, the assessment manager must
onlv have reaard to-
The development approval in its current form remains
a) the consistency of the approval, consistent with the current policies, particularly in
including its conditions, with the relation to Council's infrastructure charges policies, The
conditions within the permit ensure that payment of the
current laws and policies applying relevant infrastructure charges shall be paid at the rates
applicable at the time of payment.
to the development, including, for
example, the amount and type of The original application sought approval for an urban
residential development within an area zoned for that
infrastructure contributions, or purpose. The strategic rationale and planning intent of
infrastructure charges payable the development, together with the associated social and
economic benefits of the development itself for the
under an infrastructure charges township of Cooroy, assured the support and
subsequent approval of the development by Council. We
schedule; understand the Council support and planning merit in
favour of such an urban development remains.
We note that the original application was Impact
b) the community's current awareness Assessable and as such involved public notification of
of the development approval; the development.
As such, the community has previously been made aware
of the development proposal through formal public
notification procedures which in turn provided the
community with the opportunity to make a properly
made submission about the development.
Given this, we believe that the community maintain a
current awareness of the develooment aODroval in its
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current form.
As mentioned above, the development application was
e) whether, if the request were previously subject to formal public notification
refused- procedures under the Integrated Planning Act 1997
I. further rights 10 make a which in turn intimately made the community aware of
the development proposal in its current form and in
submission may be available doing so provided the community with the opportunity
to provide written comment.
for a further development
application; and
ii. the likely extent to which those
rights may be exercised;
In light of the above, please find enclosed the following information, which constitutes a
'properly made application' under the Sustainable Planning Act 2009:
Our client's cheque for 51,681 which is the relevant application fee;
One copy of the Noosa Shire Council Extension to Relevant Period Form (as signed by
the current landowner);
One copy of the MCU/ROl Development Approval; and
One copy of the correspondence sent to the State Assessment and Referral Agency
(SARA)as a result of the Department of Transport & Main Roads being a Concurrence
Agency for the original application.
We advise that in accordance with Section 383(1)(a) of the Sustainable Planning Act 2009 a
copy of this request to extend the currency period has also been forwarded to the SARAas
a result of the Department of Transport & Main Roads (DTMR) being a Concurrence Agency
for the original application. This correspondence will be forwarded to SARA(via MyDAS)on
the 4" June 2014, a copy of which is attached.
Should you have any queries with regards to this matter, please do not hesitate to contact
Nathan Wilson of this office on (07) 3666 4700.
Yours Faithfully,
Nathan Wilson
Urban Planner
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•• NOOSA COUNCIL
•. ..II
Request to Change Existing Approval and/or
Extension to Relevant Period
~O14l15
Sustainable Planning Act 2009
All questions MUST be completed unless the form Indicates othBlWise.
This form must be submitted to Council accompanied by the applicable fee.
Attach extra pages if there is insufficient space on the form.
If Council was the Assessment Manager for the existing approval, and the approval was Issued by the Court, lhen:-
(a) a request to change the development approval and/or conditions Is made to the Court; and
(b) a request to extend the relevant period for the approval is made to Council.
All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
2009.
"lo
Contact Name - for company
- --
Nf'rTh"'N
~NO.
IVI~N
---
Postal address /6 G"Ol<-. 103'<3 --
Suburb fl"o-nul/6 Vl\l.U:;j Stale Q Postcode I{<:ob
3/li, "Zoe IAIH phone
Business phone
Email address ~lN ~ ry' a:.H> •••••••
2. Details of existing approval
Type of approval (please tick All applicable categories) Which entity issued approval?
~ Development Permit ~ Council
0 Preliminary Approval 0 Other entity - please specify
0 Compliance Permit
IY' Material Change of Use
~ Reconfiguring a lot
0 Operational Works
0 Building Works
0 Plumbing or Drainage Works
0 Compliance Certificate
o Environmentally Relevant Activity
Application numberlcouncil rclerence (gzCX>lf . .2It=1 g. b O~sb'tl'L!)I\)-- -I Date issued 2S: ol,-:~
Is the approval for a mobile and temporary ERA? 5J7 No 0 Yes - complele below
Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
-
Privacy
Council will use any ~onal infonnalion provided for the intended purpose only and for remaining In contact v.-ith you. Council is authotised 10 coiled
this Information in accordance 'Nilh the Local Govornmonl Act 2009 and other local Government Acts. Your personal Information Is only accessed by
persons authorised to do so, Your personal infonnation is dealt with in accordance wilh council's privacy policy.
'N'NW.noosa aid gOY au I mail@noosa 9ld90v.au T 07 5329 6500
PO Box 141 Tewanlin Old 4565
I ABN 97 969 214121
Page 1 014
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3. Nature of request (please lick ALL applicable categories)
o To change the development
--!:'Pproval
10 To change the development
conditions
I(!( To extend the relevant period
before lapsing
Please attach documentation oullining the detail of and the reasons and Justification for the requested change or
extension.
4. Location of tho premises
IStreet No J.., r 2.8 Streel
2'0 I. SP 2.3oobo
5. Concurrence Agencies
l
Was Ihere one or more concurrence agencies involved in the original approval? ONO
iifYes.provide de/ails below
Not. - Under 0372 of the Sustainabl. Planning Act 2009 the personmakingthe requestIs requiredto give a copyof this request10 all
concurrence agencie_s.
6. Pre.request response notice
Has a pre-request response been_gi~n by a relevant entity (e.g. a concurrence agency) for this request?
ISl'No 0 Yes
----
~If yes, please attach a copy of the notice.
7. Owner's consenl
Is the owner's consent required for this request? [gNo
___ ..;[ii'=~=Y~e_S--c"CcomPle/e
eithe'Jable A or Table B below
Nole -If morethan oneownerof !he land all owners'delails are required_
iTabJe'A - owner's consent provided on form
Owner's namels jJ~e;1~. ~ IT\m-=-
---
IN'ie, the above-mentioned ownerls of the land. consent
to lhe making of this request.
Signaturels
'"- -,. - --> Peel No on P~ited
~Ic..
ACN 117 354 195 by its dulyauthorised
ill\ 5\cf\e
attorney Ps.~ge""", • Stale Operations Manager •
Date .2J:, . or. 14 Level1 Attorney- underPowerof AttorneyNo. 713519829 and
v.ilo hasreceivednonoticeof revocationof thatattorneyandwho
warrantsthat they havethe requisitepowerunderthat attorney.
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Under section 371 of the Sustainable Pianning Act 2009, ~ the person making the request is not the owner of Ihe land 10 which the
I
approval relales, the request must be accompanied by the owner's consent
However, owner's consent is not required if the approval:
relates to land the was acquisillon land to which section 263(2)(d) of the Suslalnable Planning Act 2009 applied when lhe
application for the approval was made; or
is for building work or operational work for the supply of community Infrastructure on land designaled for the community
Infrastructure; or
lhe consent of the owner would not be required under section 263(1) of the Suslalnable Planning Act 2009 If a developmenl
applleatlon were made for the requested change.
Also, owners consent is not required jf the Assessment Manager is satisfied that:
the number of owners of the land make it impractical to obtain owners' consent, and the requested change does not materially
affect the owners' land; or
having regard to the nature of Ihe proposed change, Ihe owner has unreasonably withheld consenl and the requested change
does not materially affect the owner's land.
Nalure of State owned resource:
Nature of Evidence required:
o Evidence of allocation of I entitlement 10, the resource o Evidence the chief executive has agreed to the request
Attach a copy of the evidence required above
NOTES: For que.tlon 8
-~-----
Section 370(3) and (4) of the Suslalnable Planning Act 2009 requires thai If an application for th!l development approval were made al
the time of. making this request an"devidence under section 264(1) of the Sustainable P1aonlng Act 2009 would be required 10support
the application, this request must be accompanied by the written agreement of the chief exeC1Jtivefrom whom evidence would be
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that If a development Involves a State resource, a negulatlon may require
the appllcallon 10 be suPpo.rted by certain evidence prescribed under regulation. Schedule 14 of the Suslainable Ptanning Requlation
~1lU!Iprescnbes the State resources for which evidence is required to be given, and the evidence required, to supportlhe appficallon.
9. Declaration of applicant
I/We, the applicant, declare that the above information is correct in all respecls, at the time of lodgement of this
application with Council. Should any of the details given in relalion to this application be changed In the future, the
applicant shali advise.Councilln writing prior to any such change being implemented.
Signaturels ~=~='~-------------------~~;.-:'!-t~~I-~----..
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OFFICE USE ONLY
Application no. Dalepaid . Receipt no. Initial Dale stamp
Receiving Officer
Payment options
In person 9 Pelican Streel, Tewanlln: 8.30 am to 4.30 pm Monday to Friday (exdudes public holidays).
By mall Cheque or money order to be made payable to Noosa Council.
o Cheque I 0 Money order 10 Mastercard o Visa
Card number Expiry dale Amount $
Name on card Signalure of cardholder
Phone lis a receipt required? DYes DNa
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•
r
THG
South East Queensland (North) Regional Office
STATE ASSESSMENT& REFERRALAGENCY
PO Box 1129
MAROOCHYDORE QLD 455B
Lodged via MyDAS
25030
4"'June2014
Dear Sir or Madam,
RE REQUEST TO EXTEND CURRENCY PERIOD IN ACCORDANCE WITH SECTION 383
OF THE SUSTAINABLE PLANNING ACT 2009 - MATERIAL CHANGE OF USE
(DEVELOPMENT PERMIT) FOR 174 DWELLING HOUSES AND RECONFIGURATION
OF A LOT (DEVELOPMENT PERMIT) FOR 174 LOTS OVER LAND LOCATED AT
LOT LOT 28, STRAKER DRIVE, COOROY DESCRI8ED AS LOT 28 ON SP230060
COUNCIL REFERENCE:2004/240018 (23689 DA)
DTMR REFERENCE:92/lOA/702.8D; 6469
In relation to the above development application for which Council approval was granted
on the 25'" May 2006, we provide written confirmation of our recent request, lodged to the
Noosa Council seeking an extension of the currency period for this development approval,
as required by Section 383 (l Hal of the Sustainable Planning Act 2009.
Specifically, we have requested an extension to the currency period of not less than four
(4) years i.e. new currency period expiry date of 7'" September 2018. The rationale and
merit behind our request for an extension to the currency period has been outlined in
detailed on the attached THG correspondence forwarded to Council (dated 4'" June 2014).
Please find enclosed for your information, a full copy of the information recently submitted
to Council in relation to this application:
THG Cover Letter to Council dated 4'" June 2014;
Copy of Noosa Shire Council Request to Extend Relevant Period Form; and
Copy of the MCU?ROL Development Approval.
As such, we request your consent to the proposed extension of the currency period and
Brisbane Office locations [email protected],au
16 Julia Street Mackay www.thg.com.au
PO Box 1038 ProserpIne THG WSG Pty ltd
Fortitude Vallev Qld 4006 Bowen A6N 55 156210052
Phone(07) 36664700 trading as THG Resource Strategists
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request that written confirmation of the same be forwarded to Somerset Regional Council
at your earliest convenience.
Should you have any queries with regards to this matter, please do not hesitate to contact
Nathan Wilson of this office on (07) 3666 4700.
Yours Faithfully,
'"
er-~
Nathan Wilson
Urban Planner
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