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16014 - Change to Development Approval

Attached to the e-mail Change to DA - MCU16/0130.01.msg.

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2). This occurred without any representations being made about this issue and without any
explanation being provided under Part 2.

The application was first made over 101 (Lot 1 on RP230931) referenced correctly on the
Acknowledgement Notice dated 10 November 2016. The application was subsequently
changed on 13 June 2017, to include both 101 (Lot 1 on RP230931) and 105 (Lot 1 on
RP849431). This was correctly referenced on the Acknowledgment Notice that issued on 3 July
2017.

Because Council advised the application was being recommended for refusal, the applicant
changed the application on 5 October 2017. While this change reflected the original proposal
being sought primarily over 101, the subject land remained as 101 and 105. The change
application made at the time was submitted as a ‘minor change’ because the development
was not substantially different and had been previously publicly notified.

On 10 October 2017, Council advised that the change to the application was substantially
different and not a ‘minor change’; however, the changed application was not required to be
publicly notified. Regardless of this, an amended Acknowledgment Notice issued on 17
October 2017, confirming that the application remained current over both 101 (Lot 1 on
RP230931) and 105 (Lot 1 on RP849431) as intended.

It is also noted that the latest proposal that was publicly notified referred to the subject land
as both 101 and 105 Eumundi Noosa Road. Consequently, while the current proposal is
generally confined to 101, it has always been intended to provide a storm water detention
basin that would service the developments on both 101 and 105, which was discussed with
the Council during the assessment process. Consequently, it is requested with the decision
notice that issues granting approval for the proposed ‘minor change’, that this refers to both
101 and 105. In my opinion, this does not have any bearing on the approval that has issued.

Proposed Changes
The proposed changes are considered minor (discussed below) and are as follows:
   • a proposed new building as shown in Figure 1 (Attachment 1) which has already been
       determined to be ‘generally in accordance with’ the current approval;
   • relocation of the proposed carparking towards the northern end of the site behind the
       building while maintaining the same number of carparking spaces;
   • relocation of the existing shed (74m²) towards the southern boundary of 101 and clear
       of the carparking area; and
   • a proposed storm water detention basin located at the rear of the subject land and
       across the boundary of 101 and 105 Eumundi Noosa Road as shown in Figure 2
       (Attachment 3).

The proposed changes provide for a more efficient use of the land. Further, the proposed
onsite detention is the most appropriate way of collecting, treating and discharging storm
water for the developments on both 101 and 105. It is intended to provide a reciprocal
easement over the storm water detention basin to allow for maintenance by future owners.



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16004 – Changed Approval August 2018
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