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

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     (c) provided an amended reconfiguration plan, specifically identified as Plan No.
         M2683 01, Revision C, dated 12 September 2016 prepared by JFOP
         Consultants which identified altered:

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

              b. the indicative building envelope areas on each proposed new lot by
                 reducing them to 747 m2 for new lot 1 and 648 m2 for new lot 2 due to:

                      i. due to the change in the area intended to be protected by a
                         vegetation covenant; and

                      ii. the incorporation of the requisite setbacks set out under the
                          proposes Bushfire Hazard Assessment; and

     (d) requested a Negotiated Decision Notice from the Respondent,

     pursuant to section 366 of the Sustainable Planning Act 2009.

6.   By email to the Respondent on 7 November 2016 the Appellant's town planner
     provided a revised reconfiguration plan, specifically identified as Plan No. M2683
     01, Revision D, dated 3 November 2016 prepared by JFOP Consultants which
     identified an alteration of the common boundary between the new lots ("Revision
     D Plan").

7. On 16 December 2016 the Appellant received a Negotiated Decision Notice from
   the Respondent ("Negotiated Decision Notice") which included:

     (a) Condition 3:
        "3.      Development undertaken in accordance with this approval must
                 generally comply with the approved plans of development. The
                 approved plans are listed in the following table and may be further
                 amended by these conditions.
                                  I
          Plan No.       I Rev.       Plan, prepared by                                Date

          M268301         E           Reconfiguration Plan (annotated), prepared by    02/12/2016
                                      JFOP Consultants

          M2683E          A           Engineering Concept - Site Distance & Driveway   09/06/2016
          DR01                        Plan, prepared by JFOP Consultants


     (b) Condition 7:
        "7.      A vegetation protection covenant must be registered against the titles
                 of the properties over the area Vegetation Covenant on the Plan
                 M2683-01 B-RP.dwg pursuant to Section 97A of the Land Title Act 1994.
                 The covenant document and a survey plan must be submitted to
                 Council for endorsement prior to lodgement with the relevant titles
                 authority for registration of title. The covenant document must:
                 a.     incorporate the requirements of this Decision Notice
                 b.     include Noosa Council as Covenantee.