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Minor Change Report 51983 3225 18 · 51983.3225.18
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APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Senior Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. 51983.3225.18
Development Approval Town Planning Consent 1632 – Multiple Dwelling & Shops
Applicant Poyzer Sawyer Developments P/L
Request Received On 30 March 2023
Report Reviewed By Patrick Murphy
04.11.2024
Decision Due Date
PROPERTY DETAILS
Property Address The Hastings
30 & 16/30 Hastings St, Noosa Heads
RP Description GTP 1154, Lot 16 GTP 1154
Land Area Whole site – 4931m2
Lot 16 – 104m2
Existing Use of Land Short-term accommodation and retail uses
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Hastings Street Mixed Use Precinct
Local Area Plan Noosa Heads
Overlays Land subject to acid sulfate soils
Flood hazard overlay
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval to change an existing development approval for a multiple dwelling
and 8 shops at 30 Hastings Street, Noosa Heads. The proposal seeks to demolish and rebuild Unit
16. The proposal includes an additional storey, a rooftop terrace with timber pergola, with an
increase in gross floor area of 141m2. A wide planter box is proposed around the building’s south
and western sides for levels 1 to 3.
A summary of the new unit’s composition is as follows:
• Ground floor: double garage, laundry, entry and access (stairwell and lift)
• Level 1: two bedrooms, each with a private ensuite with a deck off bedroom 2
• Level 2: master bedroom with private ensuite and deck, and powder room
• Level 3: kitchen and living area with terrace and external staircase
• Rooftop: rooftop terrace with a bbq, pool, daybed, spa and plant room.
Existing vegetation located within the lot fronting the service road is proposed to be removed to
accommodate the proposed new unit. The applicant has provided a landscape plan which includes
a 400 litre Blueberry Ash and 4 spider lilies to this frontage.
The locality and proposal plans are included below.
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Figure 1 – Locality
Figure 2 – Site Plan
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Figure 3 – Floor Plans (Ground, Level 1, Level 2, Level 3, Roof)
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Figure 4 – Elevations (east, south, west, north)
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Figure 5 – Renders
Figure 6 –Existing Dwelling
2. BACKGROUND
App No. Details
51983.3225 The existing development was originally approved by Council in October 1983
(TPC1632 – 25 Bungalow Style 2 bedroom Units & 8 Shops – Group Title). A
restaurant was subsequently approved on the site in December 2000
(18478DA) along the Hastings Street frontage. The units are used for short
term accommodation, rather than for permanent occupation.
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51983.3225 A change to the development approval to enclose the manager’s residence car
space into an office was approved June 2006.
51983.3225 In June 2011, plans to enclose 8m² of the lower level of unit 7 were considered
’generally in accordance’ with the existing approval.
51983.3225.03 On 11 November 2014, Council approved to enclose an additional 5.75m² of
gross floor area of the ground floor of unit 22.
51983.3225.04 On 12 October 2015, Council approved a change to an existing approval to
enclose the carport of unit 11 (13.3m2 to be enclosed).
51983.3225.05 On 17 March 2016, Council approved a change to an existing approval to
enclose the carports of units 14 and 25 (an additional 14m2 per unit).
51983.3225.06 On 12 May 2016, Council approved a change to an existing approval for the
redevelopment of Unit 15 of that sought to the replace the existing dwelling
unit on site with a new dwelling unit with an increase of gross floor area of
67m2, to include a roof top terrace (4 storeys) and pool.
51983.3225.07 On 29 March 2017, Council approved a change to an existing approval to
enclose part of the car port of unit 20 by 20.5m2. This change did not approve
a space capable of being a bedroom as this was not applied for. The plans
annotated to remove a wall.
51983.3225.08 On 10 May 2017, Council approved a change to an existing approval to
enclose part of the car port of unit 20 by 8.554m2 of gross floor area and
reconfigure (change to internal layout) level 1 and 2.
51983.3225.09 On 1 August 2017, Council approved a change to an existing approval to
enclose part of the car port to create a room capable of being a bedroom of
Unit 20.
51983.3225.10 On 1 August 2017, Council approved a change to an existing approval to
partially enclose under the existing unit and to reconfigure the second floor
relating to unit 5.
51983.3225.11 On 17 April 2018, Council approved a change to an existing approval to
partially enclose the subfloor area of Unit 21 to provide a covered entry and
storeroom area, an expanded bathroom/laundry and to enclose underneath
the existing upper level deck, resulting in an additional 18m2 of gross floor area.
51983.3225.12 On 22 June 2020, Council approved a change to the existing approval to
renovate and extend existing unit 17, including an additional storey adding an
additional 90.69m2.
51983.3225.13 On 30 June 2020, Council approved a change to the existing approval for an
extension to Unit 19. The approval consisted of an additional increase in floor
area by 68.4m² to a total GFA for the unit of 151m². The approval also
permitted the development to change from a 3 storey to a 4 storey building.
51983.3225.15 On 22 April 2022 Council approved a change to an existing approval to include
a lift in renovated unit 17 increasing site cover by an additional 3m2.
51983.3225.14 On 21 October 2021, Council approved an Other change to the existing
approval for the redevelopment of Lots 9 & 10 that had previously been
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amalgamated. The redevelopment consisted of existing villas to be removed
and replaced with one building. This resulted in additional site cover of 33.6m2
and GFA of 44m2. The approval was subsequently appealed by submitters,
with minor changes to the proposal plans later agreed to by submitters.
51983.3225.16 On 16 November 2023, Council approved a minor change to the existing
approval for a redevelopment of Unit 3. The approval consisted of an additional
increase in floor area by 68.4m² to a total GFA for the unit of 151m². The
approval also permitted the development to change from a 3 storey to a 4
storey building, plus a roof terrace.
51983.3225.17 On 27 November 2023, Council approved a minor change to the existing
approval for a redevelopment of Unit 2. The approval consisted of an additional
increase in floor area by 53m² to a total GFA for the unit of 134m². The approval
also permitted the development to change from a 3 storey to a 4 storey
building, plus a roof terrace.
51983.3225.19 On 30 October 2024, Council approved a minor change to the existing approval
for a redevelopment of Unit 22. The approval consisted of an increase in floor
to a total GFA for the unit of 156m². The approval also permitted the
development to change from a 3 storey to a 4 storey building, plus a roof
terrace.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan 2017;
• Planning Regulation 2017; and
• The Noosa Plan 2020.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development as the use is not
changing and is well within the maximum permissible GFA and site cover for the site;
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The original application was lodged under the 1973 Planning Scheme and must be assessed under
that planning scheme, but Council may have regard to the current Noosa Plan 2020.
The subject site is located in the Noosa Heads Local Plan Area and is to be assessed against (but
not limited to) the Noosa Heads Local Plan Code and the Tourist Accommodation Code. The most
relevant outcomes under Noosa Plan 2020 are discussed below.
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As shown in the table below the proposal generally complies with the key development parameters
of the planning scheme such as site cover, plot ratio, building height in storeys and metres.
NP2020
Existing
Criteria Site Area Proposal Complies
development
(4931m²)
Building height
• storeys 4 storeys max 4 storeys 4 storeys + roof
terrace
• metres 15 metres ~<15 metres
14.92 metres
Site cover 45% max 38.6% 39.07%
(2219.85m²) (1903.4m2) (1927m2)
Plot ratio / Gross floor 5680m² max 0.736:1 0.756:1
area
(3632m2) (3729m2)
Length of wall 15 metres max N/A 9m
Carparking 1 covered min 1 covered 2 covered
Ratio units: non- 20:1 12.5:1 12.5:1 (no change X
residential proposed)
Setbacks
The proposed unit is located within a group title lot, and it is noted that the Noosa Plan 2020 does
not include an alternative provision to the QDC for side and rear setbacks and therefore the QDC
applies. Similarly, the 1973 planning scheme which was current at the time of the original
application for the Hastings development also contained no side setbacks and thus the building
provisions applied at the time.
For lots under 450m2, the acceptable solution of the QDC is “where the height is more than 7.5m
– 2m plus 0.5m for every 3m or part of 3m by which the height exceeds 7.5m”.
The table below provides a comparison of the existing dwelling’s setbacks, the QDC setbacks and
the proposal’s setbacks, which identifies that the existing dwelling and the proposed new dwelling
are both non-compliant with the QDC acceptable solution. The table identifies that the setbacks
have most significantly been reduced for the eastern and southern boundaries.
Proposed Setbacks
Proposed Setbacks
QDC Existing Dwelling to adjoining
to Boundary
dwellings
Ground 0.75m North: 1m North: 1.0m Lot 15: 0.6m
Level South: 8.5m South: 0m - 3.35m Lot 17: 1.6m – 2.5m
West: 0m West: .07m - 2.7m Lot 18: 5.4m
East: 1.2m East: 0m
Level 1 0.75m – 1.0m North: 1m North: 1.0m Lot 15: 1.6m
South: 8.5 South: 0.8m - 2.5m Lot 17: 2.7m – 3.3m
West: 0m West: 0.1m - 0.7m Lot 18: 5.4m
East: 0m (balcony) East: 1.0m
0.9m–2.8m (building)
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Level 2 1.0m – 2.0m North: 1m North: 1.0m Lot 15: 1.7m
South: 8.5m South: 0.8m - 2.5m Lot 17: 2.2m – 3.5m
West: 0m West: 0m - 0.7m Lot 18: 4.9m – 5.5m
East: 1.2m–2.8m East: 1.0m
Level 3 2.0m-2.5m N/A North: 1.0m Lot 15: 1.8m
South: 0.6m – 0.8m Lot 17: 2.1m – 3.4m
West: 0m – 0.7m Lot 18: 4.9m
East: 1.2m
Roof 2.5m – 3.5m N/A North: 1.0m Lot 15: NA
South: 0.8m - 2.5m Lot 17: NA
West: 0m - 0.7m Lot 18: NA
East: 1.2m
The proposal must therefore be assessed against the corresponding performance criteria of the
QDC:
Buildings and structures –
(a) provide adequate daylight and ventilation to habitable rooms; and
(b) allow adequate light and ventilation to habitable rooms of buildings on adjoining lots.
(c) do not adversely impact on the amenity and privacy of residents on adjoining lots.
Generally, the setbacks throughout the existing Hastings Street development are also non-
compliant with the QDC acceptable solutions, with setbacks varied throughout, dependant on the
lot size, shape and lot location, and whether adjacent Bay Village or the site’s easement along its
eastern boundary. Existing units are also not all built fully within the group title lot boundaries with
a number of decks hanging over the lot boundaries, which are allowable under exclusive use
provisions in the developments Community Management Statement.
The development though provides reasonably consistent setbacks to Noosa Drive and the
adjoining sites to the west and east of the Hastings development as detailed in Figure 5 below.
The setbacks between buildings, while minimal in places, site the buildings to provide a general
character of individual buildings being set in a landscape setting.
Figure 7 – Existing development pattern
Western Setback
The setback to the western boundary varies, from 0.1m to the garage and planters, to 0.7m for the
lift. The western boundary adjoins the internal driveway. The setback to the internal driveway raises
no concerns, noting that the Community Management Statement for the development includes
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areas of common property as exclusive use area for a number of dwellings resulting in balconies
and eaves intruding into the common property along the access driveway. The setback is therefore
consistent with existing development on the site.
Northern Setback
The northern setback adjoins Lot 17 and Lot 18. Lot 17 was redeveloped with a 3 storey + roof
terrace dwelling in 2022, whilst Lot 18 contains an original dwelling.
Lot 17
The proposed dwelling is setback 1.0m from the northern boundary on all levels, and a varies from
1.6m – 3.5m to the dwelling on Lot 17. Figure 8 below shows the approved dwelling on Lot 17, with
the Lot 16 common boundary highlighted in yellow. The Lot 17 dwelling setback varies from 0.6m
up to 2.7m from the common boundary.
The proximity to the dwelling on Lot 17 may result in overlooking. As such, a condition is included
in the recommendation requiring mitigation of any overlooking from windows located on the
northern facades of the dwelling into habitable windows or private open space of dwellings on Lot
17 and/or Lot 18.
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Figure 8 – Lot 15 approved plans – common boundary in yellow
The proposed setback will not result in impacts on privacy, noting the limited window openings on
these elevations (refer to Figure 9) and proposed screening condition on the northern elevation of
the dwelling, noting that the windows on the southern façade of Lot 15 also contain screening
devices. The subject site, being located to the south of Lot 15 will allow for adequate lite to
habitable rooms on Lot 15, whilst the 1.6m – 3.5m setback to the dwelling will allow for adequate
ventilation. The proposed setback is therefore supported, subject to reasonable privacy conditions.
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Figure 9 – Lot 15 southern elevation and Lot 16 northern elevation
Figure 10 – Lot 15 western & southern façade
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Lot 18
The proposed dwelling is setback 1.0m from the northern boundary on all levels and from 4.9m to
5.4m to the dwelling on Lot 18. Lot 18 contains the dwelling approved under the origianl 1983
approval, which is setback approximately 4.4m from the common boundary (3.9m to the eave).
The dwelling on Lot 16 is proposed to be a minimum of 5.4m from the southern façade of the Lot
18 dwelling, and as such is considered to be sufficienly setback to allow for adequate access to
light and ventilation.
The proximity to the dwelling on Lot 18 may result in overlooking. As such, a condition is included
in the recommendation requiring mitigation of any overlooking from windows located on the
northern facade of the dwelling into habitable windows or private open space of dwellings on Lot
17 and/or Lot 18.
The proposed setback is therefore supported, subject to reasonable privacy conditions.
Eastern Setback
The eastern setback adjoins Lot 15, which was redeveloped in 2017 with a 3 storey + roof terrace
dwelling. The proposed dwelling is setback from 0.0m – 1.2m from the eastern boundary and from
0.6m to 1.8m to the adjoining dwelling on Lot 15. It is noted that, excluding the built to boundary
ground floor garage, the setbacks to the upper levels of the dwelling, at between 1.0m - 1.2m, are
substantially greater than the 0.6m setback of the Lot 15 dwelling to the common boundary on all
levels.
The proposed setback will not result in impacts on privacy, noting the limited window opening on
these elevations (refer to Figure 11) and proposed screening on the eastern elevation. Additionally,
the proposal includes batten screening along the eastern side of the roof terrace, preventing
overlooking into the Lot 15 roof terrace, which also includes screening for a majority of the western
façade.
It is noted that the built to boundary garage does not allow for vegetation to be provided along this
boundary, however the QDC allows built to boundary garages for dwellings. Additionally, the
existing setback of Lot 15, at 0.6m, already limits the ability for meaningful landscaping to be
provided in this location.
Given the reduced setback of 0.6m on the adjoining property, the 1.0m+ setbacks on the proposal
are considered to be consistent with or greater than the predominant character of the existing
development on site, and are therefore supported.
Figure 11 – Eastern Elevation of Lot 16 & Western Elevation of Unit 15
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Figure 12 - Existing development (subject site in red)
Southern Setback
The southern boundary is adjacent to the Sheraton Service Road and complies with frontage
setback requirements under Noosa Plan 2020. Additionally, the setback is predominantly greater
than the southern setback of the adjoining dwelling (Lot 15), which includes a built to boundary
elements and a maximum setback of 0.6m to the main dwelling from the southern boundary.
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Figure 13 - Level 3 Terrace loc
It is noted that the current entry gate for vehicular access to The Hastings opens into the subject
site (refer to Figure 14). The applicant has indicated that the gate will be replaced and relocated
off the subject site via future works carried out by the Body Corporate.
Figure 14 - Entry gate opening into subject site
4. CONSULTATION
4.1. Public Notification
The application as lodged is a minor change to a development approval and as such is not required
to be publicly notified. In assessing the change application Council must though consider a number
of matters set out in s81 of the Planning Act 2016 including
• Any properly made submissions about the development application or another change
application that was approved.
Notably properly made submissions were previously received for another change application
lodged in regard to redeveloping lots 9 and 10 for a single unit that raised design and character
issues.
It is noted however, that in response to this current application the owners of Lot 17 and Lot 18 at
The Hastings have indicated their objection to the proposal as originally lodged due to potential
adverse impacts it may have on their property and the surrounding area. The owners primary
concerns with the design include:
• The size and height of the building will impact privacy, light and views and will dwarf
surrounding properties.
• The proposed building will have an imposing appearance and it lacks proportionality with the
streetscape.
• The design is not in harmony with the character and aesthetics of the surrounding properties,
lacking sympathetic design elements, with a height that will dominate all around it, offending
the current built form in Hastings Street and adjoining buildings to the east and west.
The owner of Lot 17 also made the following subsequent comments to the revised plans received
by Council:
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• Any new build should be setback 3.5 metre to its north-eastern boundary with Lot 17, as
required for lot L9 to allow continued breeze and amenity.
• The proposed building with its massive height and position totally obliterates Lot 17’s views
and will look directly into their outdoor space.
• The unsympathetic design is exampled by its site coverage versus those around it, with a site
cover of 84% compared to the average site cover of Lots 15, 17 and 18, leaving no room for
adequate landscaping.
As outlined above, the proposal complies with current height, site cover and setback requirement
under Noosa Plan 2020. It is acknowledged that the proposal includes lesser setbacks than those
stipulated under the QDC (noting Noosa Plan 2020 is silent on setback requirements in this
location). The above report provides an assessment of these setbacks in accordance with the QDC
requirements.
4.2. Referral Agencies
Not applicable
4.3. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues apart from the reduced setbacks proposed to the northern,
eastern and southern boundaries. The application is therefore recommended for approval.
The report is provided in accordance with Section 83(9) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51983.3225.18, to make a minor change to an existing approval for
Multiple Dwelling 25 Units & 8 shops situated at The Hastings, 16/30 Hastings Street, Noosa Heads
described as Lot 16 GTP 1154, Council on 14 November 2024 decided to:
A. Approve the change.
B. Amend Condition 2 to read as follows:
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following
tables unless otherwise amended by these conditions.
The plans must be amended to incorporate the amendments listed within the table
below and resubmitted to Council prior to the issue of any Development Permit for
Building Works*
**add following tables to the bottom of existing Condition 2**
Approved Plans – 14 November 2024 (Lot 16 GTP 1154) (51983.3225.18)
Plan No. Rev. Plan/Document Name Date
0.0 - Site Plan prepared by Paul Clout Design 10/09/2024
01.0 - Ground Floor Plan prepared by Paul Clout Design 10/09/2024
Annotated by Council
02.0 - Level 1 Floor Plan prepared by Paul Clout Design 10/09/2024
03.0 - Level 2 Floor Plan prepared by Paul Clout Design 10/09/2024
04.0 - Level 3 Floor Plan prepared by Paul Clout Design 10/09/2024
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05.0 - Roof Plan prepared by Paul Clout Design 10/09/2024
06.0 - Elevations (East) prepared by Paul Clout Design 10/09/2024
07.0 - Elevations (South) prepared by Paul Clout Design 10/09/2024
08.0 - Elevations (West) prepared by Paul Clout Design 10/09/2024
09.0 - Elevations (North) prepared by Paul Clout Design 10/09/2024
02.0 - Level 1 Floor Plan prepared by Paul Clout Design 10/09/2024
10.0 - Section AA prepared by Paul Clout Design 10/09/2024
*(Refer to Advisory Note)
C. Include the following additional conditions 66 - 73:
Additional Conditions specific for Lot 16 GTP1154 (51983.3225.18) – 14 November
2024
Performance Bond - Planning
66. Security in the form of a cash bond or trading bank guarantee to the sum of $10,000
must be submitted to Council, to secure performance of all conditions of this approval,
specifically for Lot 16, prior to the issue of a Development Permit for Building Works.
The cash bond or trading bank guarantee will be returned on performance of the
conditions of approval less any costs incurred by Council in respect of enforcing
performance of this permit. Council reserves the right to call upon the bond or
guaranteed sum to effect compliance with conditions.
Protection of Privacy
67. To ensure privacy is protected between adjoining properties, the windows located on
the northern and eastern facades of the dwelling, where overlooking habitable windows
or private open space of dwellings on Lot 15, Lot 17 and/or Lot 18, must either:
a. have a minimum window sill height or 1.7 metres above floor level; or
b. be fitted with translucent glazing; or
c. be fitted with a fixed external screen.
Roof Terrace
68. The Roof Level must remain unenclosed and unroofed.
Landscaping
69. The development site must be landscaped generally in accordance with the approved
plans approved under OPW22/0022 – Development Permit for Operational Works –
Landscaping, issued on 25 May 2022 and the Noosa Plan for that specific area and
must include in particular:
a. the works shown on the approved plans in Condition 2 specific to Lot 16 GTP
1154 (51983.3225.18), including provision of 4 x 400L Elaeocarpus reticulatus to
the southern landscape garden to assist in the softening and screening of the
built form.
70. All landscape works must be established and maintained in accordance with the
approved design for the life of the development, and in a manner that ensures healthy,
sustained and vigorous plant growth. All plant material must be allowed to grow to full
form and be refurbished when its life expectancy is reached.
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71. Any planting areas above ground level must be planted and maintained at all times,
with replacement planting undertaken promptly where plants fail or do not have a
healthy and vigorous growth.
72. Any vegetation to be retained must be protected from clearing or construction activities
by:
a. clearly marking vegetation to be retained with flagging tape;
b. installing protective fencing around the drip line of the vegetation;
c. restricting stockpiling, storage and vehicle parking to those areas which are
already cleared; and
d. using low impact construction techniques around vegetation.
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Used in these records
Minor Change Report 51983 3225 18Related documentApplication case desk ↗
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