L05 extension of currency period · 132005.699.10

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As part of the above approvals, the development was split into two stages under a principal and
subsidiary scheme arrangement, creating lots and common property from former Lot 5 Serenity Close.
The first stage of development was completed in 2013. The second stage is being constructed on the
balance Lot 902.

The applicant now seeks approval to extend the current approval for a further 6 months noting:

        •    The site is included in the Attached housing zone and Open Space Conservation zone
             and the existing unit development and built form is consistent with this zoning;

        •    The existing development yield is consistent with the current 2006 Noosa Plan;

        •    Construction was expected to commence early 2015 however procurement delays
             resulted in construction works commencing later that year;

        •    The construction of the second stage is almost complete;

        •    Approvals required to effect the commencement of the approved use include the issue of
             a certificate of classification for the building, the transfer of easements and the sealing of
             the community management statement and the strata plans;

        •    Taking into consideration Christmas closures, further time (approximately 6 months) is
             sought to ensure the development is properly completed, new and existing easements are
             surveyed and all building and development approval compliance requirements are met in
             order for the use to commence.

STATUTORY REQUIREMENTS:

In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend
the relevant period, the assessment manager must only have regard to:

    a) the consistency of the approval, including its conditions, with the current laws and policies
          applying to the development, including, for example, the amount and type of infrastructure
          contributions, or charges payable under chapter 8, parts 2 and 3; and
    (b) the community’s current awareness of the development approval; and
    (c) whether, if the request were refused—
          (i) further rights to make a submission may be available for a further development application;
          and
          (ii) the likely extent to which those rights may be exercised; and
    (d) the views of any concurrence agency for the approval given under section 385.

ASSESSMENT:

The current development approval was assessed and granted under the superseded planning scheme
prior to the current Noosa Plan. The proposal was reviewed against the 2006 Noosa Plan provisions
under the 2010 application for extension of the relevant period, wherein it was determined that the
development form generally was consistent with the current requirements of the Noosa Plan and the
areas of non compliance were minor. The current approval and development is therefore consistent
with the current laws and policies.

With regard to infrastructure charges it is noted that as part of previous changes to the approvals and
extensions, infrastructure charges for missing networks have been charged.

The Sustainable Planning Act details that the community’s awareness of the proposal is to be
considered in determining a request to extend the relevant period. The community is well aware that
the site is being developed for units as evidenced by the construction works on site.

The development under construction is consistent with the current planning scheme requirements and
policies and the current conditions protect the environmental considerations of the site. The proposed
extension is considered to meet the criteria of the Act and the applicant therefore requests an
extension of the currency period for a further 6 months until 2 June 2017.