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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
Full text of the other 8 pages

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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.


                                                                                                                              Page 2 of 4

Page 6

~~_~7
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-~----..




                                                                                                                          Page 3 of 4

Page 7

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

                                                                                                            Page 4 of 4

Page 8

    •

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




PageI 2

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