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132005.699.06 Request for extension to relevant period Lot 5 Serenity Close Noosa Heads

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                               SCC CORRESPONDENCE
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                                I I ~I I I!~ ~ I~]~I I I I I I (9"
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.                13 November 2012                                                                                        SETTLE~S COVE
.                                                                                                                             THE ESSENCE OF NOOSA STYLE
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.                Ms Kerri Coyle
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                 Coordinator, Planning Applications (North)                           Deve!opnlent Counter
                 Sunshine Coast Regional Shire Council
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.                PO Box 141                                                                                                           ,.’   .




                                                                                                           1 4 NOV Z012
.                TEWANTIN           QLD 4565
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.                                                                                                     Tewantin
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.                Dear Kerri,
    ’r
..{ .



    "

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.                Re:       Request for Extension of Time
.                          "Iluka" and "Emerald"Apartments
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                           on Lot 5 (SP 195871)Serenity Close, Noosa H
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                 Further to the issue of a Decision Notice on 6 December 2010 in                                     nse to our request
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.                for a Change to an Existing Approval ref 2005/699, we hereby seek to extend the date
.                pursuant to Condition 16 by twelve months to December 2015.
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.                Whilst it remains our intention to commence the second stage of development on this
.                lot (Emerald)shortly after completing the first stage (Iluka),the additional timeframe
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.                provides some comfort should construction and plan sealing delays be encountered over
.                and above the likely 18 month construction timeframe.
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.                We understand and appreciate your recent correspondence in relation to further
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.                extensions to existing approval timeframes, however this application seeks to attain a
.                definitive position on which to base ongoing development considerations during a
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                 challenging time.
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.                Should this request be dismissed, we would therefore be extremely grateful for your
.                earliest response.
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.                                                                                                                                          S\
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.                Yours faithfully,                                                              I   Box.   @\~~R~
                                                                                                           .
                                                                                                                            ....   .~
.                CAPE BOUVARD DEVELOPMENTS PTY LTD                                                                                              ~
.                for and on behalf of CBD SETTLER’S COVE PTY LTD
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.                Senior Development Manage
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                                    Project Office Corner Banksia Avenue & Serenity Close, Noosa Heads Queensland 4567
I   PO Box 1923, Noosa Heads Queensland 4567   Telephone 1300 10 10 50    Facsimile 0754480286      Email [email protected]    www.settlerscove.com.au

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.                                                  ANOTH ER Q!JAlITY DEVELOPMENT BY
                                                                                          CAP E B 0U V A R D
                                                                                      V     DunO’MIXU In no
Full text of the other 5 pages

Page 2

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                      Coast
’&;
           I Sunshine
             Cou,ncil Request
                                                                                           2012/13 Regional Strategy and Planning
                                            to Change Existing Approval and/or Extension to Relevant Period

                                                                                                                        Sustainable Planning Act 2009



      Development Services Information Counters Locations
      8.30 am to 4.30 pm Monday to Friday (excludes public holidays).

      Caloundra       -
                          1 Omrah Avenue Caloundra Old 4551

      Maroochydore          -

                                Maroochy on First, 10 First Avenue Maroochydore Qld 4558
      Nambour       -
                        Cnr Currie and Bury Streets Nambour Qld 4560

      Tewantin      -
                        9 Pelican Street Tewantin 4565


          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.
                                                                                                                                                     .;>,
                                                                                                                                                                  1’.0’
          If Council was the Assessment Manager for the existing approval, and the approval was issued by the Court, then:O                                       ’

                                                                                                                                                            ’!>

                                                                                                                                         ..
                                                                                                                                                    ’t’
      .


          (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      C&7>         SE.1fLE12.:5               COJE      P l:1"":b
      Contact Name         -
                             for company      C,Af!....’i    4Gb               /E.’i
      Postal address           Po          x      ICfZ 3
      Suburb        ~SA              HeAJ::>S                                              I State QQ)                     I Postcode ,+$’67
      Business phone           SI.flf OIU I AlH phone
                            (O ]                                                                              Mobile   ()4-n q7"B Iq6
      Email address            eta r’-l @ sefr~~e cern. aLl           .
                                                                                                              Fax   (o7)S44’3 02.~6
                               ’-J                                                                                        -’




      2. Details of existing approval


      TyPJ of approval (please tick ALL applicable categories)                      Wh!_91 entity issued approval?
      I\V Development Permit                                                        Ii?" Sunshine Coast Council
      o      Preliminary Approval                                                      o   Other entity   please specify
                                                                                                          -




      0      Compliance Permit
      0      Material Change of Use

      0      Reconfiguring a Lot
      0      Operational Works
      0      Building Works
      0      Plumbing or Drainage Works
      0      Compliance Certificate



      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 [email protected] 07 5475 7272                               F 07 5475 7277

      Locked Bag 72 Sunshine Coast Mail Centre Qld 4560 I ABN 37 876 973 913

      Caloundra office 1 Omrah Avenue Caloundra Qld 4551          I       Maroochydore office 11.13 Ocean Street Maroochydore Qld 4558
      Nambour office Cnr Currie and Bury Streets Nambour.Qld 4560              I   Tewantin office 9 Pelican Street Tewantin Qld 4565



      1 of 4              2012/13 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM3002s

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t.

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     D       Environmentally Relevant Activity                                 I
         .



     Application number/council reference                                                                          I Date issued
     Is the approval for a mobile and temporary ERA?                                           D    No              D    Yes   -

                                                                                                                                   complete below
     Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating




     D       To change the development                   D    To change the development                      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.




                                         SP




     Was there one or more concurrence agencies involved in the original approval?

                                                                                                             D 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                                                                                      Date copy given




                 pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
                                                                            DYes




                                                                                   o   "* PQN6i!_ ()A rr0/lJlJ6’-( MAatea>




                                                                                                         I
     Owner’s name/s                                                                 IlWe, the above-mentioned owner/s of the land, consent
     2 of 4                    2012/13 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM3002s

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                                                                                                          I
                                                                                     o The owner’s written consent is attached.
          Signature/s


          Date




          Owner’s name/s



          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.




          Nature of State owned resource:

          Nature of Evidence required:

          o Evidence of allocation of I entitlement to, the resource           0 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       red to be       and the evidence required,to s
                                                                                            ,
                                                                                                                               the         on.




          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        J 3 1/ 12.




          3 of 4                2012/13 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM3002s

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     OFfiCE USE ONLY
                                                                                                                                      "-",I’ ,’:’   ~~,".


     Application no.
                                                               ;" .1 ~Receipt   n~~         Initial                Date stamp


                         ’A~~~~Da\:~~:.
                                                                                                                                                       ...’.....




                                                                        \0 ~lo~L~’
                                                                                                                        ",   -




     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.
                  D Cheque                        I D Money order                  D Mastercard                     DVisa

                  Card number                                                      Expiry date                      Amount $

                  Name on card                                                     Signature of cardholder
                  Phone                                                            Is a receipt required?           DYes            D No
     40t4                2012/13 Re9lonal Strategy and Planning Req uest to Change Existing A pp roval and/or ExtenSion to Relevant Period FM3002s

Page 6

Appointing a person or persons as your attorney
                                                        As   principal (the person making the app~intment), you
                                                        complete this form by writing your responses n 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 Titfes 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.      CBO SETTLERS COVE PTY LTD ACN 114192773 of LevelS. 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?
        [8J No -+ Go to cfause 4.
        DYes.

3,      How do you prefer that they make their decisions? (Tick one box only)
        o Severally (anyoneof them may decide)
        o       Jointly (unanimously)
        o       As a majority (specify e.g. simple majority, two-thirds majority, etc.)


        o       Other*


        Note: The Powers of Attorney Act 1998 allows you to appoint successive attorney/s for a matter so that the
                                                                                        ends. You can nominate the
        power is given to a particular atlorney only when power to a previous attorney
        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, Materia! 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 attorney/s begins:
         [8J    immediately,
         o      on this date:
         [Write here the date when you want the appointed person’s to begin acting as your attorney.]
         o      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.


6.       This   powe;:’)torney gives                 my attorney/s power to do, on my behalf, anything
                                                                                                         that I
         could    lawfully d              by an attorney (other than a personal/health matter), subject to the




....
       ...a~.o~".r. .~:.
[Director]
                                    ..   ..,......,..",.....,..,...                ...
                                                                                         ~
                                                                                  (Director/Secretary]
                                                                                                          .....   .....   .....




                                "~(.~-l "’s;.’:,l\\...V.. ~\.   :l(.)r...)~
............................
                               ,;;...::...::.:.:.........’..:1.......   \ISO SETTLERS COVE PTY LTD ACN 114 192773
(Date]


S:\Documenls\S1657\CL H._ 5j657..037.00C                                                                                     2

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