MCU15/0085 Acknowledgement Notice

Officer:	Jack Lewis
Direct Telephone:	07 53296236
Our Reference:	MCU15/0085
Your Reference:	N/A
10 September 2015

AH Forge
C/- Noosa Town Planning
1/75 Main Ave
WILSTON  QLD  4051

Dear Sir/Madam

Acknowledgment Notice
Sustainable Planning Act 2009

Council acknowledges receipt of your application, which was properly made on 03/09/2015

This Acknowledgment Notice has been prepared in accordance with the Sustainable Planning Act 2009 and contains information relevant to the processing and assessment of the application. The following details are confirmed:
application details
Application No:	MCU15/0085
Street Address:	44 Nandroya Rd COOROY  QLD  4563
Real Property Description:	Lot 2 RP 193949
Planning Scheme:	The Noosa Plan (16 September 2013)
Type of Development
The application seeks development approval for:
Development Permit for Material Change of Use of Premises - Transport Type 3 - Depot

Superseded planning scheme
Is the application for development under the Superseded Planning Scheme?	No

Code Assessment
Will Code Assessment be required?	No

impact Assessment
Will Impact Assessment be required?	Yes
public notification details
Is Public Notification Required?	Yes
Refer to the enclosed Explanatory Note for the Public Notification Stage.  Please ensure all public notices published in the newspaper, placed on the land, and given to adjoining land owners clearly state:
(a)	written submissions may be made electronically; and
(b)	electronic submissions are to be sent to [email protected], and
(c)	all submissions, including individual submitter’s particulars, will be published on Council’s website (PD Online) and therefore will be accessible to internet search engines.

The names and addresses of adjoining land owners are attached below

referral agencies
Based on the information accompanying the lodged application, referral is required to the following IDAS referral agencies. Accordingly, you are required to forward a copy of the application, this Acknowledgement Notice and any applicable referral agency application fee, to the referral agency within twenty (20) business days.  After complying with the above the applicant must give the assessment manager written notice of the day the applicant referred the application to each referral agency.

Referral Status	Referral Agency and Address	Referral Trigger

Concurrence	SARA at DSDIP Mike Ahern Government Building 12 First Avenue MAROOCHYDORE  QLD  4558 Online: Mydas (at www.dsdip.qld.gov.au)	State controlled road matters

information request
A further Information Request will not be made by the assessment manager.

Note:	Regardless of this advice, any concurrence agency for the application may make an Information Request.

Should the assessment manager not make an Information Request within the Sustainable Planning Act 2009 timeframes, the applicant can proceed to the next IDAS stage of the development.
other details
You can follow the progress of this application online at www.noosa.qld.gov.au .
Should you have any further queries in relation to the above, please do not hesitate to contact Jack Lewis on the above number.

Yours faithfully

Jack Lewis
DEVELOPMENT PLANNER

Adjoining Property owners - 44 Nandroya Rd Cooroy		
Lot Plan	Property address	Owners	Service Addr St	Service Addr Loc
1RP193949	34 Nandroya Rd COOROY QLD 4563	Mrs MK Wegener & Mr TS Wegener	PO Box 108	COOROY  QLD  4563
1CG3657	80 Bruce Hwy COOROY QLD 4563	State Of Qld (Rep By Department Trans & Main Rds)	C/- Property Acquisitions & Disposals GPO Box 1412	BRISBANE  QLD  4001

	Explanatory Note - Public Notification Procedures SUSTAINBLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

introduction
The purpose of this explanation sheet is to provide guidance to applicants on the public notice procedures under Chapter 6, Part 4 ‘notification stage’ of the Sustainable Planning Act 2009 (SPA). The SPA and its Regulations, sets out the requirements for the giving of public notice. These guidelines quote much of the relevant SPA and Regulation material.
If there is doubt about a particular public notice aspect, the applicant should refer to the SPA or have the public notice procedures undertaken by a consultant who is familiar with the SPA requirements.
Whilst every care has been taken in preparation of this explanation sheet, finally it is the applicant's responsibility to ensure that the procedures are correctly followed. Council cannot accept any responsibility for incorrect giving of public notice.
Purpose of Public Notification
Section 294 of the SPA indicates as follows:
294	The notification stage gives a person -
the opportunity to make submissions, including objections, that must be taken into account before an application is decided; and
the opportunity to secure the right to appeal to the court about the assessment manager’s decision.
Overview of Public Notification Procedures (Public Notice)
There are three distinct tasks to be undertaken in carrying out the public notice requirements:
Placement of a notice or notices on the land.
Notification by letter to adjoining owners.
Placing a notice in a local newspaper.
After the notification period has ended, the applicant must give the assessment manager written notice that the applicant has complied with the requirements of the public notification (public notice) provisions of the SPA.
One key aspect to note is that an application can automatically lapse if the public notification period is not commenced within 20 business days of the completion of the relevant preceding stage.
When Can Notification Stage Start
Section 296 of the SPA indicates when the notification period can start. Where Council is the assessment manager, advice will be forwarded to the applicant, wherever possible, confirming that the notification period may be commenced.

296 (1)	If there are no concurrence agencies and the assessment manager has stated in the acknowledgment notice that the assessment manager does not intend to make an information request, the applicant may start the notification stage as soon as the acknowledgment notice is given.
(2)	If no information requests have been made during the last information request period, the applicant may start the notification period as soon as the last information request period ends.
(3)	If an information request has been made during the information request period, the applicant may start the notification period as soon as the applicant gives-
all information request responses to all information requests made; and
copies of the responses to the assessment manager.
What is Public Notice
The following is extracted from Section 297 of the SPA:
297 (1) The applicant or, with the applicant’s written agreement, the assessment manager must-
(a)	publish a notice at least once in a newspaper circulating generally in the locality of the land; and
(b)	place a notice on the land in the way prescribed under a regulation; and
(c)	give a notice to the owners of all land adjoining the land.
(2)	If the assessment manager carries out notification for the applicant, the assessment manager may require the applicant to pay a fee, of not more than the assessment manager’s reasonable costs for carrying out the notification.
(3) 	For subsection (1)(c), roads, land below high-water mark and the beds and banks of rivers are taken not to be adjoining land.
(4) 	In this section owner, for land adjoining the land the subject of the application, means-
(a) if the adjoining land is subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985—the primary thoroughfare body corporate; or
(b)	if the adjoining land is subject to the Mixed Use Development Act 1993—the community body corporate; or
(c) 	subject to paragraphs (a) and (b), if the adjoining land is subject to the Building Units and Group Titles Act 1980—the body corporate; or
(d)	if the adjoining land is, under the Body Corporate and Community Management Act 1997, scheme land for a community titles scheme—
(i) 	the body corporate for the scheme; or
(ii) 	if the adjoining land is scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or
(e)	 if there is a time share scheme, as defined under the Local Government Act, for a structure on the adjoining land—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or
(f) 	if the adjoining land is land being bought from the State for an estate in fee simple under the Land Act 1994—the buyer; or
(g)	 if the adjoining land is land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994—the trustees of the land; or
(h)	 if paragraphs (a) to (g) do not apply—the person for the time being entitled to receive the rent for the land or who would be entitled to receive the rent if the land were let to a tenant at a rent.
Please ensure that all public notices that are published in the newspaper, placed on the land, and given to adjoining land owners clearly state that:
(a)	written submissions may be made electronically; and
(b)	electronic submissions are to be sent to [email protected]

(c)	all submissions, including individual submitter's particulars, will be published on Council's website (PD Online) and therefore will be accessible to internet search engines.

Notice on Land
(1) The following is an extract from the Sustainable Planning Regulation 2009 and prescribes, for section 297(1)(b) of the SPA, requirements for the placing of a notice on land:
(2) The notice must be—
(a) 	placed on, or within 1500mm of, the road frontage for the land; and
(b) 	mounted at least 300mm above ground level; and
(c) 	positioned so that it is visible from the road; and
(d) 	made of weatherproof material; and
(e) 	at least 900mm in height and 1200mm in width.
(3) 	The lettering on the notice must be as stated on the approved form of the notice. (Refer to the approved form of the notice at www.dip.qld.gov.au/spa)
(4) 	If the land has more than 1 road frontage, a notice must be placed on each road frontage for the land.
(5) 	The applicant must maintain the notice from the day it is placed on the land until the end of the notification period.
(6) 	In this section—
road frontage, for land, means—
(a)	the boundary between the land and any road adjoining the land; or
(b)	if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access.

Notice in the Newspaper & Notices to Adjoining owners
The following is an extract from Section 299 of the SPA:
(2)	Each notice given to the owner of adjoining land must be given at about the same time as the notice is published in the newspaper and placed on the land.
(Refer to the approved form of the notice at www.dip.qld.gov.au/spa)

(3)	All actions mentioned in subsection (2) must be completed within 5 business days after the first of the actions is carried out.
Notification Period
Section 298 of the SPA indicates as follows:

298 Notification period for applications
(1)	The notification period for the application must be at least—
(a)	30 business days starting on the day after the last action under section 297(1) is carried out, if any of the following apply for the application—
(I)	there are 3 or more concurrence agencies;
(ii)	all or part of the development—
(a)	is assessable under a planning scheme; and
(b)	is prescribed under a regulation for this subparagraph;
(iii)	all or part of the development is the subject of an application for a preliminary approval mentioned in section 242; or
(b)	if paragraph (a) does not apply—15 business days starting on the day after the last action under section 297(1) is carried out.
(2)	The notification period must not include any business day from 20 December in a particular year to 5 January in the following year, both days inclusive.

completion of notification Period
Section 301 of the SPA indicates as follows:

If the applicant carries out notification, the applicant must, within 20 business days after the notification period ends, give the assessment manager written notice that the applicant has complied with the requirements of this division

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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MCU15/0085

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