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

                                       Page 4


              c.    reference Queensland Land        Title Registry   Standard     Terms
                    Document No. 715597513"

8. Under Condition 3 of the Negotiated Decision Notice, the reconfiguration plan
   approved,     specifically identified  as Plan No. M2683 01, Revision E,
   Reconfiguration Plan (annotated), prepared by JFOP Consultants, dated 2
   December 2016, which was not a plan prepared by JFOP Consultants at the
   direction of the Appellant but as directed by the Respondent which increased and
   modified the area intended to be protected by a vegetation covenant ("the
   Annotated Plan").

9. The Annotated Plan and Condition 3 of the Negotiated Decision Notice is an
   unreasonable imposition on the proposed development and is not reasonably
   required in respect of the proposed development.

10. Condition 3 should not be imposed in its current form as the Annotated Plan is an
    unreasonable imposition on the proposed development which:

   (a) unnecessarily increases the area required to be protected by a vegetation
       management covenant;

   (b) does not take into account the area included within the protected area proposed
       due to setback requirements under the Bushfire Hazard Assessment of the
       Applicant;

   (c) does not take into account the location of existing structures on the Land; and

   (d) unreasonably reduces the building envelope areas of the new lots due to the
       imposed configuration of the area required to be protected by a vegetation
       management covenant.

11. In the circumstances, the Appeal should be allowed and the Application approved
    subject only to relevant and reasonable conditions and that Revision Plan D be
    approved.




                                                I'J .It.dtp/?;QU 5
                                                    lfp~ellant

       If you are named as a respondent     in this notice of appeal and wish to be
       heard in this appeal you must:

       (a)    within 10 business days after being served with a copy of this
              Notice of Appeal, file an Entry of Appearance in the Registry where
              this notice of appeal was filed or where the court file is kept; and

       (b)    serve a copy of the Entry of Appearance       on each other party.

       The Entry of Appearance    should be in Form PEC - 5 for the Planning        and
       Environment Court.


       If you are entitled to elect to be a party to this appeal and you wish to be
       heard in this appeal you must: