2020-05-13 SM - FURTHER REPORT - 152006.1999.4 - Application to make a minor change to an existing approval at 191 Hollett Rd, Noosaville

SPECIAL MEETING REPORT                                                                     13 MAY 2020


REPORT
A report on this application for a minor change to the development approval was referred to the
Special Council meeting on 13 May 2020. The report was subsequently reviewed by Council’s
legal team for the appeals over this site wherein it was identified that part of the applicant’s request
to extend the timeframe to complete the development within 6 years of the date of this change
approval was not specifically dealt with and should be addressed.

The applicant’s request to extend the time frame to complete the development was made in respect
to condition 5 which currently requires:

5.    The uncompleted aspects of this development approval lapses if the subdivision plan for the
      last stage of the development has not be registered by the relevant titles authority within 6
      years of the date this approval takes effect.

In this regard Council’s legal team have advised the following:

“The conditions of approval cannot be changed unless and until the appeals with respect to the
relevant period for the commencement of the development are determined in favour of the
applicant. This includes condition 5 with respect to completion of the development.”

As outlined in the background in the report to Council’s Special Meeting, the applicant has lodged
two appeals in response to Council’s decision to refuse two separate applications to extend the
currency period of the development approval. Condition 5 therefore cannot be properly set unless
these applicant appeals against Council’s refusal to extend the currency period of the approval are
determined successfully in favour of the applicant.

It is therefore appropriate that the grounds of refusal be amended to better address and clearly
respond to the applicant’s application. An additional ground of refusal, reason number 8, is
therefore recommended to Council.

Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes - Solicitor


Internal Consultation

Departments/Sections Consulted:

     Chief Executive Officer       Community Services                          Corporate Services
     Executive Officer             Director                                    Director
     Executive Support             Community Development                       Financial Services
                                   Community Facilities                        ICT
                                   Libraries & Galleries                       Procurement & Fleet
                                   Local Laws                                  Property
                                   Waste & Environmental Health                Revenue Services

     Executive Services        x   Environment & Sustainable Development       Infrastructure Services
     Director                  x   Director                                    Director
     Community Engagement          Building & Plumbing Services                Asset Management
     Customer Service          x   Development Assessment                      Buildings and Facilities
     Governance                    Economic Development                        Civil Operations
     People and Culture            Environmental Services                      Disaster Management
                                   Strategic Land Use Planning                 Infrastructure Planning,
                                                                               Design and Delivery




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