Original source · versioned page text
Representations to Council
Council’s Reference: MCU19/0017 & RAL19/0004 Our Reference: 02391 L10 NG Our Contact: Nadine Gorton 5th November 2019 Chief Executive Officer Noosa Council PO BOX 141 TEWANTIN Q 4565 ATTENTION: DEVELOPMENT ASSESSMENT Dear Sir/Madam, RE: LODGMENT OF CHANGE REPRESENTATIONS TO CONDITIONS Development Permit - Material Change of Use – Commercial Business Type 1 Office, Type 2 Medical and Ancillary Dwelling Unit for premises at 36 & 40 Hofmann Drive Noosaville Described as Lot 6 and 7 on SP264847 We refer to Council’s Decision Notice dated 24th October 2019 in relation to the above development application. In accordance with the Planning Act 2016, we wish to suspend the applicant’s appeal period in order to make change representations in response to Council’s conditions. Please find below change representations to conditions imposed by Council in the Decision Notice: Condition 24: Appropriate sight lines from the basement car park must be demonstrated with any operational works application and prior to Operational works approval. Any associated easements must be registered and available prior to the issue of an Operational works approval. Condition 34: An easement for sight line purposes must be registered in favour of the subject property against the title of the adjoining property (Lot 5 on SP264847). The easement must be of sufficient dimensions to fully encompass the necessary sight lines indicated on Change to Carparking & Proposed Easements plan, Reference no. D-02391.01-C, dated 12.09.2019. This must be in accordance with AS\NZS2890. The terms of the easement must be submitted to Council for approval as part of the subsequent plan sealing application and be registered prior to the issue of any Operational Works approval. Representation to condition 24 and 34: The easement providing the subject site with rights to protect sight lines over the adjoining lot also require the adjoining lot (Lot 5 on SP264847) to have access rights to a car parking space on the subject site. The rights as provided by both easement are not required until immediately before the approved uses commence. In fact access is not possible or advisable to the carparking space until the approved development is fully completed. Under such a situation the easement documents and cadastral survey plan for these easement can be approved by Council and the cadastral survey plan lodged with the State Title Registry for assessment for survey content only. Lodgement of the easement documents and registration of the cadastral and easement documents can follow through formal lodgement by the applicant’s solicitors. Under such a circumstance, a solicitor's undertaking (or alternative acceptable to Council) could be provided to Council as a condition of approval to confirm the easement documents will be submitted with the Plan Registry Authority in conjunction with the Cadastral Survey Plan upon completion of development works on the site and be registered before the approved uses commence.
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 1 page
Page 2
Page 2 The condition is requested to be altered as detailed below: Request: Amend condition Condition 24: Appropriate sight lines from the basement car park must be demonstrated with any operational works application and prior to Operational works approval. Any associated easements must be registered and available prior to the issue of an Operational works approval. The metes and bounds for the required easements and required easement documents are to be approved by Council prior to the issue of the development approval for operational works. Council requires a written undertaking from a solicitor's (or alternative acceptable to Council) that confirms that the easement documents will be submitted with the State Titles Registry in conjunction with the cadastral survey plan upon completion of development works on the site and registered before the approved uses commence on the site. The applicant requests that these representations be assessed by Council as soon as possible and that Council issues a Negotiated Decision Notice which amends the original Decision Notice as proposed. Please do not hesitate in contacting our Sunshine Coast office if Council requires any further information and/or clarification in relation to these representations. Yours faithfully, Nadine Gorton Senior Planner martoo consulting pty ltd