MCU10/2127 Development Application part 1 Idas forms 1, 3 & 5, 34, idas checklist 1 & owners consent 5 Morwong Dr

allow for permanent or semi-permanent occupation of the dwelling units.
The Applicant disagrees with this interpretation.



Current Development Application

We refer to correspondence between Hopgood Ganim Lawyers and Mr
Wakefield Sykes dated 8 June 2010 and 5 July 2010, a copy of which is
enclosed for your reference.

Council has confirmed that should Viridian Noosa Pty Ltd wish to proceed
with a proposal to allow permanent occupation of a number of villas and
penthouses in the Viridian Noosa development, a development application
for a development permit for a material change of use would be required.

This application therefore seeks a Development Permit for a Material
Change of Use for Multiple Housing - Type 4 Conventional and Visitor
Accommodation - Type 4 Conventional to undertake the proposed
development on the basis of Council's interpretation of the use definition
'Visitor Accommodation - Type 4 Conventional' not allowing for any
permanent or semi-permanent occupation of the dwelling units. Please
note that the Applicant does not concede by the lodging of this application
that    the  Council's  interpretation  of  the   definition   of 'Visitor
Accommodation - Type 4 Conventional' is correct and reserves its
rights regarding the interpretation of the use definition.

In summary, the Applicant is seeking development approval to allow for
the occupation of 38 specified dwelling units within the existing, approved
Viridian Noosa development on a short term, semi-permanent or
permanent basis. The proposal does not physically change the built form
of the resort and does not affect any other accommodation units or
dwelling units in the resort which Council asserts may only be occupied for
short term accommodation in accordance with the terms of the current
approval granted by Council on 19 April 2007 (Council ref.: 2006/0823).

In those circumstances, on behalf of the Applicant, please accept this
correspondence and the accompanying attachments as a properly made
application pursuant to Section 260 of the Sustainable Planning Act 2009
("the SPA") for a Development Permit for a Material Change of Use -
Multiple Housing - Type 4 Conventional and Visitor Accommodation -
Type 4 Conventional for 38 specified dwelling units.

Please find enclosed the following documentation associated with this
development application:

(a)   IDAS Form 1 - Application Details;

(b)   IDAS Form 3 - Queensland Heritage Place;

(c)   IDAS Form 5 - Material        Change of Use Assessable against a
      Planning Scheme;

(d)   IDAS Form 34 - South East Queensland Koala Conservation State
      Planning Regulatory Provisions;

(e)   IDAS Assessment Checklists;

(f)   Letters of consent from the current registered owners;




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