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.