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07/0070 - Representation in response to following conditions [As Published] · 132007.70
Your Reference: 2007/70 Our Reference: 00610 L12 NG martoo 22 AUG 2007 onsultingo 47 August 2007 sik COUNCIL pty It town planners + urban designers Chief Executive Officer Noosa Shire Council P.O. Box 141 TEWANTIN Q 4565 Attention: Land Use Section - Dennis Wallace Dear Sir RE: Application for a Development Approval for a Material Change of Use and Lot Reconfiguration for Boundary Realignment & 2 Detached Houses situated at 14 Little Cove Road, Noosa Heads described as Lots 1 & 4 RP108495 and Lot 48 RP52918 | refer to Council's Decision Notice dated 5th July 2007 (and received by this office ai” July) in respect to the above development application and to our letter dated 19th July 2007 which advised Council that the applicant has decided to suspend the appeal period in order to make representations about certain conditions in accordance with Section 3.5.18(1) of the integrated Planning Act 1997. This letter provides representations in response the following conditions: Conditions numbered — 37, 43 and 67 This submission quotes those conditions to be amended, provides representations to all of the above conditions and suggests the way in which the decision notice can be changed in order to respond to the applicant's current concems. Condition 37: A shared visitor car space shail be incorporated on the easter side of the driveway, clear of ail necessary maneuvering areas (required to gain access to the garages on Lots 1 & 2), for use by both Lots 1 and 2 and their visitors. The visitor car space shall be in a highly visible location and shall be suitably signposted and line marked. The type and extent of the signposting and line marking shall be clearly shown on all plans submitted for a Development Permit for Operational Works. Condition 43: —_A registered easement shall be created over the shared visitor carspace. The terms of the easement shall include: i, That the shared visitor carspace be for use by both lots 1 &2, i, That the shared visitor carspace not be restricted by gates, security screens or other obstructions, and iii. That it is the responsibility of the beneficiaries of the easement to maintain the shared visitor carspace so as to be operational at all times. Representation to Condition 37 and 43: The applicant requests that the conditions be deleted as it is not a reasonable or relevant condition. The applicant has applied for a reconfiguration of a SUNSHINE COAST OFFICE GYMPIE OFFICE 1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS Q 4567 1/28 REEF STREET GYMPIE - PO BOX 391 GYMPIE Q 4570 TELEPHONE 07 54555425 - FACSIMILE 07 54555725 TELEPHONE 07 54827440 - FACSIMILE 07 54824952 [email protected] [email protected]
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Page 2 lot which is code assessable development and two detached dwellings which are also code assessable development due to the Biodiversity overlay across the site. It is noted that the Reconfiguration of a Lot Code and the Biodiversity Code do not require the provision of a visitor carparking space for detached houses. Further it is noted that the Probable Solutions of the Detached house Code ($25.1) indicates that only one carparking spaces is tequired to be provided on site. The proposal complies with the probable solution and provides well in excess of the required two spaces for the development by the provision of two double garages which provides carparking for four spaces on the site. Therefore the requirement for the visitor carparking space is not warranted or required by the planning scheme. The applicant is also concemed about the loss of vegetation that would be required as a result of construction of the visitor space. Amended Condition 37 and 43: The applicant requests that Council delete conditions 37 and 43. Condition 67: A registered easement in favour of Council shall be created over any overland flow path within the site that conveys stormwater from a Council road. The easement shall extend the full length and width of the ‘1 in 100 year major storm event surface flow path and be created at no cost to Council. Condition 68. A registered easement in favour of Council shall be created over any Stormwater drainage pipes within the site that convey stormwater from any adjoining property (for example, where drainage pipes are provided within the site to prevent adjacent properties from additional ponding/iooding due to the subject site being filled). The easement is to be centrally located over the pipework with a minimum width of 1.5m or be of sufficient width to ensure all associated pits and pipes are wholly contained within the easement. The terms of the easement shail include the responsibilities on the beneficiaries of the easement to maintain the drain so as to be operational — at all times. Representation to Conditions 67 and 68: The applicant is concerned about the implications of these conditions on the development. The applicant has not yet commenced final drawings for the development and is concemed that the conditions may be quite onerous and severely impact on the overall design of the buildings. Further the implications of this condition on stormwater requires extensive engineering consideration and design which would be more appropriately dealt with as part of any application for operational works. The applicants designer therefore requests that the conditions be deleted from the Reconfiguration of a Lot approvals and be incorporated into any Operational Works application. Amended Condition 67 and 68: ‘delete’ The applicants therefore request that Council issues a negotiated decision notice which amends the original conditions as suggested above. Please do not hesitate in contacting our office if Council requires any further information. Yours faithfully INC OLe~. Nadine Gorton Senior Planner Martoo Consulting Pty Ltd
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07/0070 - Representation in response to following conditions [As Published]Related documentApplication case desk ↗
07/0070 - Representation in response to following conditions [As Published]Related documentApplication case desk ↗
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