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Applicant Letter to SARA requestion owners consent 21 March 2024

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                               N.C. ANDREASSEN
                               (A.B.N.: 12-137-695-721)
                                e - [email protected]
1 ECHELON ESPLANADE                                                              PHONE           (07) 54 499 346
NOOSA NORTH SHORE, Q. 4565                                                       FAX             (07) 54 742 681
PO BOX 139, TEWANTIN, Q. 4565                                                    MOBILE          0428 712 283


      21st March 24

      To Whom it may concern

      On behalf of Andsen Pty Ltd and H Bay Pty Ltd, I enclose herewith the following documents in
      relation to an Operational Works application for the relocation of natural coastal sediments,
      including beach nourishment, beach scalping and dune reprofiling.

          •    DA Form 1 - Development application details.
          •    SARA Pre-Lodgement advice - 312 Teewah Beach Road and 1 -2 Echelon Esplanade,
               Noosa North Shore. (Note : This pre-lodgement advice relates to a previous Change
               application relating to OPW 13/0524.01. The advice is approx.. 6 months old. A further
               detailed explanation of this inclusion in the application material will be made below.)

          •    Maps of the Works Area - Aerial Photos Maps from Noosa Council mapping.

      I understand there is no fee associated with this request for Owners Consent.


      BACKGROUND
      On 9 September 2013, Andsen Pty Ltd owners of 1-2 Echelon Esplanade (Lots 12, 28 & 64 on SP
      25570) & Peter and Elizabeth Jean Upton, owners of 312 Teewah Beach Road (Lot 391 on M
      37230) were granted approval from Sunshine Coast Council for a Development Permit for
      Operational Works (Prescribed Tidal Works - Beach Nourishment). Ref. OPW 13/0524.
      The approval for these works included a condition of approval relating to time for the works as
      follows:

          1.   The works must commence within 2 years from the date the approval takes effect, but no
               works are to be undertaken after 5 years from the date this change approval takes effect.

      On 22 August 2018, an application was lodged requesting a Minor Change to the above approval
      Condition I to extend the time for which the works could continue to be carried out for a further 5
      years.

      On 18 October 2018, Noosa Council approved the application for Minor Change (Ref. OPW
      13/0524.01) allowing works to continue until 5 years from when that Change approval took
      effect, i.e. 5 years from 12 October 2018.

      On 6 August 2023, after previously contacting Noosa Council regarding a further extension to the
      time for works, Mark Lewis emailed me the application form for a Minor Change.

      On 17 August 2023, after having previously contacted DSDILGP, regarding the matter, Richard
      Wilson emailed advice recommending the application to extend for a further 5 years should be
      accompanied by a SARA Pre-Lodgment advice.
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Page 2

On 18 August 2023, A request for Pre-Lodgment advice was submitted to SARA.

On 13 September 2023,1 queried the requirement for Owners Consent with Richard Wilson
(DSD1LGP) and sought advice on the status of the Pre-Lodgment advice. Richard responded by
email advising SARA required further time and that he was “waiting on advice regarding owners’
consent”.

On 18 September 2023, the Pre-Lodgment advice was issued which included advice on material
required for the new application and advised that “landowner’s consent for the proposed
development must be obtained from the Department of Resources prior to lodgment of a minor
change application.”

On 26 September 2023, and after obtaining advice and assistance from the team at DSDILGP
including Richard and Rosanna, an application for Landowner Consent was lodged with the
Department of Resources (Land Services / Land and Surveying Services).

After chasing the status of this application for Landowners Consent, on the 3rd October 2023,1
was informed by Department of Resources that “the department is currently experiencing a high
volume of applications and has had to initiate priority allocation and assessment....” and that my
application was “yet to be allocated to an officer for processing.”

After several attempts to chase this application for Landowners Consent, it was finally issued on
18 December 2023. This owner’s consent for the Change Application would be valid until 18
June 2024 as stated on the consent letter dated 18 December 2023.

Even though the previous Change Approval (OPW 0524.01) had lapsed on 12 October 2023, as
my contact had been made with the relevant departments some 2 months prior to the lapse date, to
initiate the application for extension, I proceeded and lodged the application for a Minor Change
with Noosa Council on 18 January 2024.

On 19 January 2024, Noosa Council advised of the application fee and on 25 January 2024
advised of the payment reference and application number (OPW 13/0524.02). The payment was
made on this day and received by Noosa Council on this dale.

On 12 February 2024, Noosa Council advised me that they were in the process of assessing the
application and advised me to promptly refer the application to SARA.

On 14 February 2024, the application was lodged with SARA. Upon lodgment, on the same day, I
phoned SARA and spoke to Kathryn in Toowoomba who advised me of the application fee and
the payment reference. (2402-39095).

On 15 February 2024, payment was made and receipted accordingly with email advice that the
application was being assessed.

On 6 March 2024,1 received a phone call from Jodie Wilson, and a follow up email, advising that
Operational Works application (OPW 13/0524.01) had lapsed in accordance with Section 88 of
the Planning Act 2016. I was advised that a new application would need to be prepared and
lodged with Noosa Council and SARA.

The advice of the application being lapsed has come exactly 7 months after my initial enquiry to
Noosa Council where I expressed my intention to request a time extension to OPW 13/0524.01.

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    With the previous extension applied for and approved in 2018, the process had taken 2 months
    and consequently, I had allowed 2 months for the process on 6 August 2023, knowing that the
    period that work could be carried out would expire on 12 October 2023.

    My apologies for this lengthy background and timeline, but I thought it was necessary to explain.
    This new application is in essence the same as the Change Application, which was lodged
    previously, with appropriate pre-lodgment advice and landowner’s consent.

    I also thought it necessary to emphasis the urgency now with which the approval for the works is
    required.

    APPLICATION DETAIL

    The applicants have ownership of land on the Noosa North Shore, as described in the application
    forms and as shown on the attached maps, which have their eastern boundaries located in the
    ocean of Teewah Beach.

    In Extreme Weather conditions, the beach dunes can be severely eroded by the high tides, ocean
    currents and strong winds. This has occuned in my experience for the 50 years I have owned the
    property. For the past 10 years, I have been carrying out beach nourishment works to the
    frontage to my property to minimize the extent of this erosion by scraping sand from the beach
    and replacing it on the dune edge to reprofile this area. This work has been carried out under the
    Operational Works approval for OPW 13/0524 issued in 2013 and OPW 13/0524.01 issued in
    2018 as referred to above.

    This work is necessary after extreme weather events which is typically once a year or even two
    years.

    The works undertaken from approx..! hour before low tide to 2 hours after low tide. During this
    3 hour time period, the works involve operating a wheel loader to scrap the sand from the low
    tide along the frontage of our land, carting the sand by loader bucket to the dune edge and placing
    the material to reinforce the dune bank. The maximum depth of the bucket scrape is 500mm.
    Each scrap is approx.. 1.5m long x 2.5m wide. In the 3 hour period, it is usual that approx.. 2 or 3
    runs of bucket scraps is completed. As the tide begins to come in, the natural forces of the ocean
    replace the sand and fill the scrape holes. Before the time the tide reaches the high tide mark, the
    holes are completely reinstated. The works may occur over several days for each extreme
    weather event depending on the extent of erosion which has occurred during the event.

    I can advise that even with these works, and prior to commencing such works, approx.. 15m of
    our land has been lost to the ocean in a 30 year period, i.e. the time we have resided at the
    location on a permanent basis.

    As the works are carried out at low tide, and the oncoming tide reinstates the holes, there is no
    loss to beach enjoyment during the works.



    I now request the Landowner Consent for a new application to Noosa Council & SARA for
    Operational Works - Prescribed Tidal Work (Beach Nourishment).

    N.C.ANDREASSEN
    On behalf of
    ANDSEN PTY LTD & H BAY PTY LTD

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