Representations (10/0871) - 132010.871

gear through a 3-point turn maximum. The site is not located on the major road network or a
collector street.

The Locality Code is a higher order code than the use or works codes (eg. Driveways and
Carparking Code) and which takes precedence in accordance with section 2.4.1 of the Noosa Plan
which states: Where a provision in a Locality code is inconsistent with a provision in a Use code,
Works code or Other code, other than an Overlay code, the provision in the Locality code prevails
to the extent of the inconsistency.

The preference from an operational viewpoint is for the design to remain essentially as is facilitating
on site vehicular turnaround. If however Council considers the additional landscape outcome
preferable then onsite manoeuvring in 3 movements to allow vehicles to enter and leave in a forward
movement is not required.

Accordingly, we request that either Condition 11.4 or 27 be deleted.
Item 5 Referral Agency Conditions

This section is somewhat confusing as the Department of Environment and Resource Management is
an ‘advice’ agency which cannot impose conditions. While they can make recommendations to Council
and the Council can include the recommendations as conditions, an approval cannot include ‘advice’
agency conditions.

Of concern is the second dot point recommendation that requires the applicant to provide a report
prepared by a certified and appropriately qualified professional demonstrating to the satisfaction of
the assessment manager that there will be no adverse impacts on the ecological values and functions
of the conservation estate. Given that a Development Permit has now been issued, this requirement
is no longer relevant to or reasonably required in respect of the development. The requirement is
now an unreasonable imposition and will add further unnecessary expense to the project, serving no
purpose. If considered a relevant matter it should have been dealt with prior to the issue of a
Development Permit.

Accordingly, we request that the ‘advice’ agency conditions be deleted.

We look forward to Councils Assessment of this representation and to the issue of a Negotiated
Decision Notice.

Should you have any questions with respect to the above, please do not hesitate to contact me direct.

Yours faithfully
KHA DEVELOPMENT MANAGERS

     

Scott Sobey
DIRECTOR