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23120 DA Development Application part 1 of 2 Application Letter and Request to Change form 132002.220611.3
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THIS IS THE FIRST PART OF A
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Application number:
I I&AMSCS IAM INFORMATION MATIAGEMEN WECORDS MANAGENN 'lCoMW of Raced? *MS MUki Pul Reowd 9I PART,do
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Page 2
Council Reference: 2003/220653 (23176DA) and 2002/220611 (23120DA)
Our Reference: 00475 PC L02 NG
martoo
consulting n
31st October 2011
pty ltd
town planners +
urban designers
Chief Executive Officer
+ surveyors
Sunshine Coast Regional Council
Locked Bag 72 ABN: 62 287 949 725
SUNSHINE COAST MAIL CENTRE 4560
Attention: Planning North - Denis Wallace
Dear Sir/Madam
RE: LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL
APPLICATION TO CHANGE DEVELOPMENT APPROVAL - 2003/220653 (23176DA) AND
2002/220611 (23120DA) FOR A CHANGE TO THE DEVELOPMENT APPROVAL AND TO
EXTEND THE RELEVANT PERIOD OVER PREMISES AT 12 AND 14 SERENITY CLOSE
NOOSA HEADS DESCRIBED AS LOT 7 AND 8 ON SP195871
Martoo Consulting has been engaged by CBD Settlers Cove Pty Ltd as the applicant for the above
proposals, to submit a permissible change under Section 367 of the Sustainable Planning Act to
enable alterations to the overall unit designs.
This application deals with two separate development applications located over premises at 12 and 14
Serenity Close, Noosa Heads. The sites are currently vacant and part of the Settlers Cove Master
Planned Community.
The applicant seeks approval to change the approved plans associated with development approvals
2003/220653 (23176DA) and 2002/220611 (23120DA). The proposed changes include:
2003/220653 (23176DA) - Lot 7
• Removal of two storey unit from northwestern portion of site and replacement with a
pool, gym and BBQ area;
• Building form rationalized with more regular unit layout provided;
• Gross floor area reduced; and
• Revised plans comply with conditions of original approval and planning scheme
requirements and create a total of 19 units on site.
2002/220611 (23120DA) - Lot 8
• Gross floor area substantially reduced with revised plans indicating compliance with
reduced Attached Housing zone development area of current planning scheme;
• Building mass lessened as a result of reduced floor area;
• Unit size reduced to reflect reduced development area on site;
• Removal of 2 storey penthouses and replacement with standard unit design;
• One additional unit provided creating a total of 22 units on site;
• Increased articulation in roof line as a result of removal of penthouse units;
Reduced floor area and building mass results in a lesser impact to street;
• Carparking in excess of scheme requirements provided on site.
Revised plans comply with conditions of original approval and planning scheme
requirements.
Page 1
SUNSHINE COAST OFFICE GYMPIE OFFICE
1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS O 4567 38 NASH STREET GYMPIE - PO BOX 391 GYMPIE O 4570
TELEPHONE 07 54555425 - FACSIMILE 07 54555725 TELEPHONE 07 54827440 - FACSIMILE 07 54824952
[email protected] [email protected]
Page 3
The revised proposal plans prepared by Blackburne Jackson Design are attached
Sustainable Planning Act
Section 367 of the Sustainable Planning Act 2009 defines a permissible change for a development
approval as:
(1) A permissible change, for a development approval, is a change to the approval that
would not-
(a) result in a substantially different development; or
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment-require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment-be likely, in the responsible entity's opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
or
(d) cause development to which the approval relates to include any prohibited development.
The proposal is considered to comply with the requirements of the Sustainable Planning Act 2009
as detailed below:
(a) result in a substantially different development;
The existing development permits approve both lots for multi storey unit development
with the revised proposal maintaining this approved use. The new plans maintain the
approved building footprint, unit configuration and building height and are considered to
be similar to the original approved plans and do not result in a substantially different
development.
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not
require impact assessment-require impact assessment; or
No concurrence agencies would be triggered by the proposed changes as the original
building footprint and use is maintained on the site. The level of assessment for the
site and proposal has also not altered.
(c) for an approval for assessable development that previously required impact
assessment-be likely, in the responsible entity's opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed;
It is unlikely that a person would make a submission objecting to the proposed change
as the changes reduce the gross floor area on the site, increase roof articulation and
(d) cause development to which the approval relates to include any prohibited development.
Not prohibited development.
The proposal is therefore considered to be able to be considered as permissible change.
Page 2
Page 4
Noosa Plan
The site is included in the Noosa Heads Locality and the Attached Housing zone, the intent of which
is to support unit developments. The applicant is seeking approval to change the approved plans to
permit slight changes to the overall development in terms of building form as well as reducing gross
floor areas. The proposed changes to floor area now ensures the development complies with the
revised boundary of the Attached Housing zone of the Noosa Plan.
The revised plans are considered consistent with the conditions of 2003/220653 (23176DA) and
2002/220611 (23120DA) and the provisions of the current Noosa Plan.
Currency Period
The applicant also requests an extension of the currency period for another 4 years for both
applications to enable the revised design to be prepared for the next stage. In support of the
request for extension it is noted that:
• the development approvals comply with the intent of the zone;
• the development approvals comply with the relevant development codes for
the locality and use;
• the development approvals are consistent with Council intentions for the area;
• a similar currency period was applied to the previous development stage
(adjoining Lot 5) based on similar but otherwise minor design modifications; and
• the applicant requires additional time to prepare for the following stages of the
development.
Conclusion
The proposal is considered to be a permissible change and is consistent with the provisions of the Noosa
Plan. The applicant seeks Council support for the proposed changes and an extension of the
currency period.
The attached development application includes:
• Four (4) copies of the proposal plans prepared by Blackburne Jackson Design.
• Two completed Council forms; and
• Two cheques for $4185.00 which is understood to be Council's application fee based
on:
- Application to change an approval: $2225.00
- Unity water: $336.00
- Extension of Relevant Period: $1624.00
The Assessment Manager's favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.
Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.
Page 3
Page 5
1;
Sunshine Coast 2011/12 Regional Strategy and Planning
Council Request to Change Existing Approval and/or Extension to Relevant Period
Sustainable Planning Act 2009
ALL questions MUST be completed unless the form indicates otherwise.
This form must be submitted to Council accompanied by the applicable fee.
Attach extra pages if there is insufficient space on the form.
If Council was the Assessment Manager for the existing approval, and the approval was issued by the Court, then:
(a) a request to change the development approval and/or conditions is made to the Court; and
(b) a request to extend the relevant period for the approval is made to Council.
All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
2009.
1. Details of person making the request
Full name - individual or company G$m) SET tEAS caE P7`/
Contact Name - for company C1A^y G0 f2.`/
Postal address PO 60X ( 9 23 _
Suburb Q005A 4'1S State Q L^ Postcode 45,67
Business phone (6)) S4.$ OI$G A/H phone Mobile 01+ 17 9co
' -7 1 96
Email address Gt q r^ 9od Fre c4pc b ouvafd. c -au Fax
2. Details of existing approval
Typ of approval (please tick ALL applicable categories) Whi h entity issued approval?
t ( Development Permit If' Sunshine Coast Council
q Preliminary Approval q Other entity - please specify
q Compliance Permit
q Material Change of Use
q Reconfiguring a Lot
q Operational Works
q Building Works
q Plumbing or Drainage Works
q Compliance Certificate
q Environmentally Relevant Activity
Application number/council reference Zo 0 21 22OG I 1 (2-312-0 /^A) Date issued 10 (06 (I O
Is the approval for a mobile and temporary ERA? fa No q Yes - complete below
Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is
authorised to collect this information in accordance with the Local Government Act 2009 and other Local Government Acts. Your
personal information is only accessed by persons authorised to do so. Your personal information is dealt with in accordance with
council's privacy policy.
www.sunshlnecoastgld.gov.su I ,n sunshmecoast.gld.gov.au I T 07 5475 7272 F 07 5475 7277
Lodced Bag 72 Sunshine Coast Mail Centre Old 4560 ^ ABN 37 878 973 913
Caloundra obits 1 Ornrah Avenue Caloundra Old 4551 Maroochydors office 11-13 Ocean Skeet Mamodiydore Old 4558
Nwnbour office Cnr Currie and Bury Streets Nambour Old 4580 1 Tewanttn office 9 Pelican Street Tewantin Qld 4585
1 of 4 2011112 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
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Page 6
3. Nature of request (please tick ALL applicable categories)
V. To change the development M F To change the development U. To extend the relevant period
approval conditions before lapsing
Please attach documentation outlining the detail of and the reasons and justification for the requested change or
extension.
4. Location of the premises
Unit No. Street No ILf. Street -_4&^j ay
se= C1 O SE
Suburb NOOSA HEADS State 52LZ^) Postcode 4S6 7
Lot no. Plan type & plan no.
5P r 9s4a7 j
5. Concurrance Agencies
Was there one or more concurrence agencies involved in the original approval?
q Yes-provide details below
Note - Under s372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all
concurrence agencies.
Concurrence Agency I Date copy given
6. Pre-request response notice
Ha equest response been elevant entity (e.g. a concurrence agency) for this request?
la N o q Yes
If yes, please attach a copy of the notice.
7. Owner's consent
Is the owner's consent required for this request? l 'No
q Yes- complete either Table A or Table B below
Note - If more than one owner of the land all owners' details are required
Table A - owner's consent provided on form
C60J T7t?e-^ 0O'C P7zl C.^
Date o-7 /i o /1i
Owner's name/s
Table A - owner's consent provided on form
I/We, the above-mentioned owner/s of the land, consent P Jz 7A C J Fo t& i0724 (J7
to the making of this request. Owner's name/s
Signature/s ff'T
'he owner's written consent is attached.
2 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
Page 7
NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent.
However, owner's consent is not required if the approval:
- relates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or
- is for building work or operational work for the supply of community infrastructure on land designated for the community
infrastructure; or
- the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
application were made for the requested change.
Also, owner's consent is not required if the Assessment Manager is satisfied that:
- the number of owners of the land make it impractical to obtain owners' consent, and the requested change does not materially
affect the owners' land; or
- having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
does not materially affect the owner's land.
8. Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,
Schedule 14?
li7'No q Yes - complete below details
Nature of State owned resource:
Nature of Evidence required:
q Evidence of allocation of / entitlement to, the resource q Evidence the chief executive has agreed to the request
Attach a copy of the evidence required above
NOTES: For question 8
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
2009 prescribes the State resources for which evidence is required to be given, and the evidence required, to support the application.
9. Declaration of applicant
I/We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with the Sunshine Coast Regional Council. Should any of the details given in relation to this application be
changed in the future, the applicant shall advise the Sunshine Coast Regional Council in writing prior to any such change
being implemented.
Signature/s Date a?A0///
3 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401
Page 8
Application no. Amount paid Date paid Receipt no. Initial Date stamp
Receiving Officer
Payment options
In person Customer service centres: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
By mail Cheque or money order to be made payable to: Sunshine Coast Regional Council.
q Cheque q Money order q Mastercard q Visa
Card number Expiry date Amount $
Name on card Signature of cardholder
Phone Is a receipt required? q Yes q No
4 of 4 2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM4U1
Page 9
Appointing a person or persons as your attorney
As principal (the person making the appointment), you
complete this form by writing your responses on the lines and
ticking the appropriate boxes. Then sign the form and have
your signature witnessed. Any adult may witness your
signature. However, if this power of attorney is required to be
registered under the Land Titles Act, the witness must be a
justice of the peace, a commissioner for declarations, a lawyer
or a notary public.
Appointment of attorney or attorneys
1. CBD SETTLERS COVE PTY LTD ACN 114 192 773 of Level 5, 181 St Georges Terrace,
Perth WA 6000 appoint the following person as my attorney: GARY MICHAEL GODFREY of
6 Daybreak Court, Castaways Beach Qld 4567.
2. Are you appointing more than one attorney?
® No 4 Go to clause 4.
q Yes.
3. How do you prefer that they make their decisions? (rick one box only)
q Severally (any one of them may decide)
q Jointly (unanimously)
q As a majority (specify e.g. simple majority, two-thirds majority, etc.)
q Other'
Note: The Powers of Attorney Act 1998 allows you to appoint successive attorney/s for a matter so that the
power is given to a particular attorney only when power to a previous attorney ends. You can nominate the
circumstances that a power will end (eg. if x leaves the jurisdiction, y may act).
4. The attorney/s power Is subject to the following terms:
To execute any statutory and local authority application for approval and any associated
documentation including but not limited to those for land use, land development and building,
and including but not limited to applications for Reconfiguration of Lot, Material Change of
Use and Operational Works relating to the development known as Settlers Cove Noosa
Heads owned by CBD Settlers Cove Pty Ltd ACN 114 192 773 being part of what was
originally lot 4 on SP100064, County of March, Parish of Weyba.
5. The power given to my attorneyls begins:
immediately.
q on this date:
(Write here the date when you want the appointed person/s to begin acting as your attorney.)
q on this occasion:
[Write here the occasion on which you want the appointed person/s to begin acting as your attorney.]
Note: If you do not complete clause 5, the power begins immediately.
torney gives my attorneyls power to do, on my behalf, anything that I
by an attorney (other than a personal/health matter), subject to the
6 1^
... - ...._.:.r ....................
[Director] (Director/Secretary)
1..,.... BD SETTLERS COVE PTY LTD ACN 114 192 773
(Date]
S:%Documentsl5165TCLH_51657 037.DOC 2
Used in these records
23120 DA Development Application part 1 of 2 Application Letter and Request to Change form 132002.220611.3Related documentApplication case desk ↗
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