REC16/0015 Kenlynn Pty Ltd v Noosa Council - P&E Appeal No. 123/2017

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     (e) is located within an Environmental Protection Area, Coastal Protection Area,
         Riparian Buffer Area and Coastal Management District.

2.   On 13 June 2016, the Appellant lodged a properly made application ("the
     Application") for Preliminary Approval and Development Permit to reconfigure a Lot
     - 1 Lot into 2 Lots and Access Easement in relation to the Land.

3. On 27 June 2016 the Respondent issued the Applicant with an Acknowledgement
   Notice from the Respondent.

4. On 16 September 2016 the Appellant received             a decision     notice from the
   Respondent ("the Decision Notice") which:

     (a) approved that part of the Application relating to the Preliminary Approval for a
         Reconfiguration of a Lot - 1 Lot into 2 Lots and Access easement;

     (b) approved the Appellant's reconfiguration plan, specifically identified as Plan
         No. M2683 01, Revision B, dated 14 July 2016 prepared by JFOP Consultants
         which identified the:

            a. area intended to be protected by a vegetation covenant;

            b. total area of each proposed new lot; and

            c.    indicative building envelope area on each proposed new lot as 800 m2
                  for new lot 1 and 670m2 for new lot 2; and

     (c) included Condition    1 which    required   the Appellant   to   provide   to the
         Respondent:
        "a. A site specific Bushfire Hazard Assessment prepared by a suitably
            qualified person which either determines the site as a low bushfire risk or
            provides recommendations of how bushfire risk can be managed. The
            hazard assessment must avoid interference with vegetation in proposed
            covenant areas and must comply with The Noosa Plan's Natural Hazards
            Overlay Code.
          b. An Effluent Disposal Report prepared by a suitably qualified person which
             provides comment on the following:
            i.      the capacity of existing systems    to operate as intended      without
                    causing environmental harm; and
            ii.     evidence existing systems operate wholly within the lot they intend
                    to serve and accord with proposed covenant areas. "
        prior to the Respondent approving that part of the Application relating to the
        Development Permit for a Reconfiguration of a Lot - 1 Lot into 2 Lots and
        Access easement ("Condition 1 of Decision Notice").

5.   By letter to the Respondent dated 27 September 2016 the Appellant:

     (a) suspended the applicants appeal period; and

     (b) provided a Bushfire Hazard Assessment and Effluent Disposal Report
         satisfying the Respondent's requirement under Condition 1 of Decision Notice;