Advisory Letter 2-25 Elanda Street · 131998.981050.1

an
ese, NOOSA COUNCIL

Officer: Michael Cantori

Direct Telephone: 5329-6235

Our Reference: COM19/0190

Email: [email protected]

1 May 2019

Stephen C Biggs Pty Ltd
Care Jan Biggs

PO Box 618

NEW FARM QLD 4005

[email protected]

Dear Madam,

Re: Breach Identified for property located at 2/25 Elanda Street SUNSHIE
BEACH QLD 4567 described as Lot 2 SP 120747 - Property No.156247.

Council has recently received a complaint with respect to the above mentioned
property in relation to enclosing a downstairs area as a self-contained unit. Following
an inspection by a Council Officer this has been confirmed.

The works conducted enclosing the downstairs area is not complying with the following
condition 15 of the Development Approval (12612 DA) for a Duplex Dwelling which
states:

15. Development undertaken in accordance with this approval must generally
comply with the approved plans of development. The approved plans are
numbered 9801TPO1 to 03 prepared by ACArch and dated April 1998 and as
may be amended by these conditions.

Compliance with the conditions of the development Permit is necessary at all times.
Accordingly, while the use does not comply, it is being operated/undertaken in breach
of both the Noosa Plan and the Planning Act 2016.

To resolve this matter, the following options are suggested:
1. | Remove the unapproved section and comply with the approved plans.

2. Lodge a changes to the development application to seek approval for the use.
Please note that an application for the change is unlikely to be supported by
Council as the gross floor area was built to the maximum prior to these building
works and without obtaining planning, building or plumbing approvals.

Please take action to address this matter and confirm in writing/email your actions by
close of business Wednesday 29 May 2019, marked to the attention of Michael
Cantori. If you do not respond to this request within this timeframe, we will review our
options to remedy this breach.

 

NOOSA COUNCIL PO Box 1414 P. (07) 5329 6500 [email protected]

ABN: 97 969 214 121 TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au