05/1189 - Change to Development Approval [As Published] · 132005.1189.05

Page 2

 

 
 

COMMENT,

 

refe 0, AS Checklist for complete Ii list | ee
Department of Main Roads (Concurrence or r Advice)

e State Controlled Road
Dept Natural Resources & Water

    

~ aihee

     

 

 

® Acidsuiphate soils (Advice) rece
* Clearing of native vegetation on freehold land (Concurrence)

 

Environmental Protection Agency (Concurrence)

Environmentally Relevant Activity (for non-devolved Council as EPA)
Contaminated tand

« Environmental Management/Contaminated Land Register

«= UXO

= Land recently used as a ‘notifiable activity’

* — Industrial land changed to sensitive uses (eg school)

« Coastal related development.

* Koala habitat

« Wetlands (Advice only)
Queensland Transport (Concurrence)
. Railway
° Public Passenger Transport

 

 

Energex or other responsible entity (Advice)

. Electricity Easements/Substations

 

DIP (Concurrence)
. SEQ Regional! plan

 

VARIOUS < ‘
. Conservation estate (Advice)

 

 
    

R: STATE ‘AGENCIES; it TRIGGERS é
Freee Ba 28.

 

 

 

 

 

Department of Natural Resources and Mines

EPA

 

 

 

 

 

For further clarification refer to IDAS Guides prepared by Department of Infrastructure & Planning.

NSC g:\landuse\administrative processes\application checklist.doc

Page 3

Our Reference: 01084 LO2 NG

martoo
consultinga

21st April 2009

  

Chief Executive Officer

Sunshine Coast Regional Council
Tewantin Office

P.O. Box 141

TEWANTIN Q 4565

Attention: Planning and Development Section

 

Dear Sir/Madam

RE: APPLICATION TO CHANGE DEVELOPMENT APPROVAL 2005/1189 FOR SHOPS,
RESTAURANT AND MULTIPLE DWELLINGS (5) AT 201 GYMPIE TERRCE NOOSAVILLE
DESCRIBED AS LOT 6 ON SP 191716: WIDEWATERS PTY LTD

Martoo Consulting has been engaged by Widewaters Pty Ltd, as the applicant for the above proposal
to submit a changes application to enable the enclosure of 10 existing carparking spaces within the
Da’vos development at 201 Gympie Terrace, Noosaville.

In July 2005, an application for a Material Change of Use for shops, restaurant and five multiple dwellings
was lodged over the site. The application was approved by Council in March 2006, was subsequently
constructed and is now operating.

As part of the development application, 30 carparking spaces were provided on site with 8 required for the
unit component of the development. Due to buyer requests for secure carparking on site, the applicant
has subsequently enclosed 10 carparking spaces for the units.

A show cause notice has been issued for the enclosure of these works and this application now seeks
approval for the enclosure of the spaces. The carparking spaces enclosed are detailed on the attached
development plans and are located in the central section of the carpark area. All driveway aisle widths
have been retained. The photographs below illustrate the enclosed carparks.

 

 

 

Page 1
SUNSHINE COAST OFFICE GYMPIE OFFICE
4/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSAHEADS 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]

Page 4

The applicant seeks approval for the enclosure of the 10 carparks and notes that the superseded
planning scheme under which the application was assessed detailed a total of 8 carparking spaces
required for the unit component of the development comprising 5 covered and 3 uncovered (which
may be able to be located in tandem). Therefore the enclosure of the carparking spaces has
effectively removed two spaces from the open parking area that would have been provided for the
shop component of the development.

The applicant notes that the enclosure of the additional two spaces is beneficial to the development
and area for the following reasons:

Most unit owners will have two cars and would utilise the carpark area;
The commercial component of the development attracts substantial passing walk trade
with most patrons parking elsewhere in the area;

e The original proposal removed three vehicular crossovers and created two additional on
street carparking spaces as part of the overall development.

4, CONCLUSION
The enclosure of the carparking spaces on site enables secure carparking for residents of the units on
site. The enclosure benefits the area through:

+ Ensuring secure carparking for residents of the site and reducing the opportunities
for late night vandalism; and

+ Designating a specific area for unit owners to park.
The applicant seeks Council support for the proposal.

The attached development application includes:

* four (4) copies of the proposal plans prepared by Foster Designs Pty Ltd numbered
03-11 CD-01 Issue A

* acompleted IDAS application Form 2; and
* acheque for $970.00 which is understood to be Council's application fee.

The Assessment Manager's favourable consideration of the above development application is therefore

recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.

Yours sincerely

WE ote.

Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.

Page 2

Page 5

Attachments

 

Attachment 1 — Proposal Pians

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FOSTER DESIGNS Pty Ltd,

Suke 7,8 Grebe Srna Telephane: 07 5448 3188
20 Ban 80 ax;

Pereglan Beach Oli 4579 Fan: 07 B45 141s
ACN: abo 480 675 Emalt ccmingonededrs coun

Project Name and Address:

PROPOSED
REDEVELOPMENT OF
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CORNER OF

GYMPIE & THOMAS ST
NOOSAVILLE

Drawing Titte:

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Project No;
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ACH: 080 480 073

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Page 10

INTEGRATED PLANNING ACT 1997

Form 2, Version 4.1, 3 March 2008

       

      
 

   

“7 RECEIVED
‘al 2.1 APR 2009

an existing approva.

yo’. SCRO - Tewantin
ay Fron’ Counter
Details of person making the request /

1. Whois making the request?

 

 

Company/organisation name

(if applicable) Widewaters Pty Ltd

 

 

 

 

Individuat applicant/Contact person (if there is more than one applicant, provide details under Add another applicant) *

Postal address |ciNadine Gorton of Martoo Consulting Po Box 1684 NOOSA HEADS Q 4567 |

Contact telephone number 5455 5425 Mobile phone number [
Facsimile number 5455 5725 e-mail address [email protected] |

 

 

 

 

 

 

 

 

 

 

 

 

 

 

‘Details of the existing approval ]

2. What are the details of the approval sought to be changed

 

cea att : Assessment manager
Type of approval Identification number : Date issued {if request not made to the assessment manager)

 

Development Permit ;
2005/1189 March 2006 Sunshine Coast Regional Council

 

 

 

 

(J Preliminary Approval

 

 

 

‘Identification of the premises 1
3. Can any part of the premises be identified by a street address or lot on plan description?

L] No - Answer Q3(a)

(X1 Yes - Complete Table B and Q3(b)

 

 

 

 

Table B
Street Address Lot on pian description
unt | Street ; Post at Local goverment area
frat reet . . “ 'as! te
Number | number ‘Street Name and official suburbfocality name code No Plan type and number |
1 201 Thomas Street Noosaville 6 SP191716 Sunshine Coast

 

 

 

 

 

 

 

 

 

3(b). Can the address be further described by shop/tenancy number or storey/level?
XX] No

(1) Yes - Complete Table

Page 11

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

4. Can the premises best be identified by coordinates (e.g. for development proposed in waters, or on a site within a large rural tol)?

XJ No

(L Yes - Complete Table 0

5.  Whatis the total area that makes up the premises (ie. the area covered by the application)?

 

 

 

 

 

 

 

 

 

Area of land above high water mark/outside watercourse OO Areain a water body or watercourse :
Om 1 hectares om D hectares
{Tick applicable unit) (Tick applicable unit)
[Owner's consent and resource owner's agreement a . pas |

 

6. _ Is the person making the request the owner of the land to which the approval attaches?

&X Yes | No - Complete Table E - provide details for each owner on a Separate sow, or on an attachment to this form if applicable, Note: Advice
provided at the end of this form details when owner's consent is not required.

7. {fan application for the existing approval were being made now (i.e. af the time of making this request), would evidence be required to
support the application because it involved taking or interfering with a State-owned resource prescribed by schedule 10 of the Integrated
Planning Regulation 1998 (IP Reg) or any other regulation

KK] No L] Yes - Complete Table F and submit, with the application, written agreement to the request.

 

[Nature’of the request i

 

8.  Whatis the nature of the request for change? (Tick the applicable box/es)
[J An extension of the period before an approval lapses (under IPA, section 3.5.22)
[X] To change the development approval other than a change of condition (under IPA, section 3.5.24)

(J) To change or cancel a condition of approval {under IPA, section 3.5.33) - Go to Q17

Oo To change conditions of a rezoning approval given under the Local Government (Planning and Environment) Act 1990 (under IPA,
section 6.1.35A) - Go to Q12

9. Were one or more concurrence agencies involved in the approval?

[X] No (] Yes - Complete Table G. Submit, with the application, a copy of the notice required to be sent to each agency under IPA sections
3.5.22(1)(a) and 3.5.24(1)(b).

10. Does the request for change relate to an aspect of the approval that involved a building referral agency?
X] No (J Yes - Complete Table H. Submit, with the application, a copy of the notice required to be sent to each agency under IPA section

 

 

 

 

 

 

 

 

 

 

 

3.5.24(1)(b).
[Details and reasons or justification forthe request. 5 ai " a,
11. What are the details of the requested change and the reasons or justification for the change? Use a different row for each change if more
than one.
Defails of requested change (including extension of the period if, relevant) ~ Reasons oF justification for. the requestéd change
1 | Change to permit secure carparking on site tefer attached Martoo Consulting letter
[Mandatory attachments and information s e: Boek oe |

 

12. What are the mandatory attachments and supporting information accompanying this application?

 

 

Description ‘of attachment or.informa

  

 

; pallichy a Title and date. ¢rappicatie) Method:of delivery to
(e.g. notice to, concurrerice /building referral agencies,” . =)". Cesar oo vg
owner's consent, resource owner's agreement, drawings, reports) ae (eg.James StreetTraffic Report): assessment manager
1 | Martoo Consulting letter of support over the counter

 

2 | cheque over the counter

 

 

 

 

 

 

Page 12

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

 

OFFICE USE ONLY

 

 

 

4

 

 

 

 

 

 

Advice for completing Form 2

General advice
« Form 2 may be used for any one of the four types of request for changing an existing approval -
* — anextension of the pericd before an approval lapses {under IPA, section 3.5.22)
* — to change or cancel a condition of appraval (under IPA, section 3.5.33)
¢ — tochange the development approval other than a change of condition (under IPA, section 3.5.24)
« — tochange conditions of a rezoning approval given under the Loca! Government (Planning and Environment) Act 1990 (P&E Act) (under IPA,
section 6,1.35A)

« Form 2is not an approved form under the IPA. The assessment manager, concurrence agency or court may have their own form for the purpose of
making a request to change an approval. In the case of a request to change conditions of a rezoning approval, the P&E Act establishes the process to
be followed and provides for the local government to determine the required form.

e The entity that should receive the request is:

« — for an extension of the period before an approval lapses - the assessment manager (even if the approval was granted by the court (IPA, section
3.5,22(9))

¢ — tochange or cancel a condition of approval - the entity that decided or required the condition (i.e. the assessment manager, a concurrency
agency or the court)

« — tochange the development approval - the assessment manager

* — tochange conditions of a rezoning approval - the local government

¢ When paying fees to the Environmental Protection Agency by electronic funds transfer (EFT) for requests relating to environmentally relevant activities
(ERAs) or coastal development, use the process from the information sheet Electronically paying fees to the Environmental Protection Agency (EPA)

and attach the form Electronic Funds Transfer (EFT) payment notification to the request.

Qi Any person may make a request to change an approval. However, in the case of a development approval for building work or operational work

for the supply of community infrastructure on land designated for the community infrastructure, only the person supplying the infrastructure may
make a request (IPA, section 3.5.33(3A)).

Q2 Ifthe request is made to a concurrence agency or the court, notice of any subsequent change or cancellation of a condition must be given to the
assessment manager (IPA, section 3.5.33(9)}.

 

 

 

 

Q6 . if the person making the request is not the owner of the land to which the approval attaches, the request must be accompanied by the
owner's consent. (IPA, sections 3.5,22(3), 3.5.24(3), 3.5.33(3)).
* However, owner's consent is not required if the approval is for:

« — amobile and temporary ERA; or

¢ building work or operational work for the supply of community infrastructure on land designated for community infrastructure
(IPA, section 3,5.33(3A)).

 

Qi The request must also be accompanied by the written agreement of the chief executive from wham evidence of resource allocation or
entitlement would be required if an application for approval were being made. (IPA, sections 3.5.22(5), 3.5.24(5), 3.5.33(3C))

 

Q9 For a request to extend the period before an approval lapses, or to change a development approval, each concurrence agency for the approval
must be given written notice of the request (IPA, sections 3.5.22(1), 3.5.24(4)).

 

Qo For a request to change a development approval, if the subject of the request involved a building referral agency, that agency also needs to be
given notice of the request (IPA, section 3.5.24(1)), For a request to change conditions the opinion of a relevant building referral agency must be
given regard to by the entity deciding the request (IPA, section 3.5.33(9)).

 

 

 

Page 13

Sunshine Coast.

Regional Council

 

SALE OF DOCUMENTS

 

LAND USE SECTION FEES

RECEIPT TYPE

Superseded Planning Scheme Documentation 520

Copy of Permit/Approval Letter

110

The Noosa Plan Documentation ° 111
APPLICATION FEES
Material Change of Use - Code/tmpact
4 Consistent . 521
. Inconsistent ’ - - §21
_ Assessment under Superseded Planning Scheme to »  §24

Modification to 2 Development Permit

Extension of a Currency Period ; t . : §21 .
Operational Works - Landscaping . . _. , 521 .
Bldg ‘Work assessable against the Planning Scheme. a 521
PRE LODGEMENT REVIEW A
: Half Hour * §22 3
. One Hour . 922,
ADVERTISING , .
Purchase, Advertised Applications 523°
JETTIES .
Jetty Application Fee - 524
Jetty, Bond — . 51,
a ‘ 4 (Category 4)
BONDS ‘ : : - os
” Performance Bond . 51.
wo - (Category 9) -
SIGNS . : : : “
Registration Fee -. 222
oh
SEARCH FEE on
Search of Land Use Section‘file. 112 ©
Liquor Licensing Request 413

 

“7 TOTAL $ F270

NAME:  AAartas Conia

ADDRESS: Qk Gar [Gry |

KoeSA Hered >
FILENO: ~OS(UKY
RECEIPT NO: SIOd1IS

AUTHORITY NO:

“4

4

DATE: 2e/ +f oy

ESAT

Signature of TP Officer: PS

[3[ro0s]uea/s

Page 14

 

CALCULATION OF FEES .

 

APPLICATION

FEE

TOTAL
FEES

 

MCU - CODE ASSESSMENT
Details of Development

Consistent 1.0
Inconsistent 3.0

FEE CALCULATION

 

MCU - IMPACT ASSESSMENT.

‘Details of Development

Consistent 1.0
Inconsistent 3.0

FEE CALCULATION

 

JOPERATIONAL WORKS:
Details of Development

FEE CALCULATION _

 

 

 

TOTAL FEES