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Cover letter - Change to application (002)
Thursday, 13 May 2021 Our Ref: 21038 Council Ref: MCU21/0031 NOOSA COUNCIL PO BOX 141 TEWANTIN QLD 4565 ATTENTION: Patrick Murphy VIA EMAIL: [email protected] Dear Patrick CHANGE TO THE APPLICATION UNDER SECTION 52 OF THE PLANNING ACT DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – DWELLING HOUSE (SECONDARY DWELLING WITHIN 200M OF AGRICULTURAL LAND) AT 497 BLACK MOUNTAIN ROAD, BLACK MOUNTAIN (LOT 7 RP 838780) In relation to the above application, the applicant hereby provides written notice to Council pursuant to Section 52 of the Planning Act 2016. The applicant proposes to change the application by providing a new driveway crossover from Easement B in Lot 6 RP 838780. Accordingly, please find attached: a revised DA Form 1 to include Easement B in Lot 6 RP 838780 for access purposes only; Easement documentation and a copy of RP 838780 which confirms the development is consistent with the easement terms; and A revised site plan showing the proposed driveway. In accordance with Section 51(2)(C) of the Planning Act, landowners consent is not required for an excluded premise. An excluded premises is defined in Schedule 2 of the Planning Act 2016 as: Further, in relation to Section 52 of the Planning Act 2016, it is noted: (1) An applicant may change or withdraw a development application, before the application is decided, by a notice given to the assessment manager and, for a withdrawn application, any referral agency. Response This letter is considered to act as written notice of the change to the assessment manager. We note that the application has not been decided and as it is not a withdrawal of the existing application. (2) However— (a) if the change is, or includes, a change of applicant, the notice may be given by the person who proposes to become the applicant if the notice is accompanied by the consent of the current applicant; and (b) section 51(2) applies for making the change as though the change were an application if— (i) the applicant no longer owns the premises or the change is to include premises that the applicant does not own; and (ii) were the application to be remade with the change, section 51(2) would apply to the application; and (c) the change may not include prohibited development.
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Response
This change does not include a change of applicant. The proposed development permits and use
remains unchanged and does not include prohibited development.
(3) If the change is a minor change, the change does not affect the development assessment
process.
Response
A minor change for a development application is not to result in substantially different development.
Schedule 1 of the DA Rules outlines what is substantially different development and specifically
provides it does not result in the application applying to a new parcel of land. The change therefore
cannot be considered a minor change.
If Council is satisfied the change is not a minor change, can you please issue a new Confirmation
Notice. Should you have any questions with respect to the above, please do not hesitate to contact
me.
Yours faithfully
PROJECT URBAN
Amanda Madden
Senior Planner
Email: [email protected]