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Request for extension of currency period · 132009.879

Attached to the e-mail 132009.879.02 - Request for extension of currency.

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Council Reference: 2009.879
Our Reference:     01103 L09 NG


  th
19 October 2016


Chief Executive Officer
Noosa Council
Po Box 141
TEWANTIN QLD 4565


Attention: Planning & Infrastructure

Confidential Email Transmission: [email protected]
Original in Post: No


Dear Sir/Madam

RE:    REQUEST FOR EXTENSION OF RELEVANT PERIOD_______________________________
Development Permit for Material Change of Use for a Detached House at 8 Arakoon Crescent,
Sunshine Beach described as Lot 786 on RP48111

Martoo Consulting has been engaged by Mr Peter Armour being the owner of the above site, to request
an extension to the currency period for the above development approval. The applicant seeks to
extend the relevant period by an additional 2 years.

In November 2009, Council approved an application for a Material Change of Use for a Detached
House under 2009/879. The application was approved subject to condition 2 which stated:

        2. The Development Permit for a Material Change of Use lapses if the use has not
                       th
        happened by 19 November 2013, unless an application to extend the currency is
        approved by Council.
                                                                                                    th
In November 2013, Council approved a request to extend the relevant period of the approval until 19
November 2016.

Due to the Global Financial Crisis the owner of the site has not been able to set aside the necessary
funds for the construction of the dwelling. The owner therefore requests an extension of time for a
further 2 years noting:

         •    The Noosa Plan includes the site in the Detached House zone which supports the
              development of a dwelling on the lot;

         •    The current approval was assessed under the 2006 Noosa Plan which is still relevant over
              the site and local area; and

         •    The Natural Resources Overlay is relevant for the site and the development is consistent
              with the development provisions for this Overlay.
Full text of the other 1 page

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STATUTORY REQUIREMENTS:

In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend
the relevant period, the assessment manager must only have regard to:

     a) the consistency of the approval, including its conditions, with the current laws and policies
           applying to the development, including, for example, the amount and type of infrastructure
           contributions, or charges payable under chapter 8, parts 2 and 3; and
     (b) the community’s current awareness of the development approval; and
     (c) whether, if the request were refused—
           (i) further rights to make a submission may be available for a further development application;
           and
           (ii) the likely extent to which those rights may be exercised; and
     (d) the views of any concurrence agency for the approval given under section 385.

ASSESSMENT:

The current development approval was assessed under the current Noosa Plan and is therefore
consistent with the current laws and policies. There are no new referral agencies and the conditions
are still appropriate. The proposed extension is considered to meet the criteria of the Act and the
                                                                              th
request for an extension of the currency period for a further 2 years until 19 November 2018.

This development application has been prepared in accordance with the Sustainable Planning Act
2009 and is being submitted with the following attached completed Council form. Councils application
fees will be paid upon receipt of Council file reference and fee link.


Please contact me if you require any further information and/or clarification.

Yours sincerely,




Nadine Gorton
Senior Planner
martoo consulting pty. ltd.

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