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by a notice given to the assessment manager and, for a withdrawn application, any referral agency.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.