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Planning Report - Extension to Council · 132008.176

Attached to the e-mail 132008.176.03 Extend the relevant period for 132008 176 - Lots 10 & 11 - 3 & 7 Serenity Close Noosa Heads.

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Our Reference:        00475
Council Reference:   132008.176.02




4 January 2017


Planning Assessment
Noosa Council
Locked Bag 72
SUNSHINE COAST MAIL CENTRE QLD 4560


Dear Sir/Madam,

Re:        REQUEST FOR EXTENSION TO CURRENCY PERIOD - 132008.176
           Development Application – Material Change of Use for an Accommodation Building
           and Multiple Dwelling (109 Units) Assessed Against the Superseded Planning Scheme
           at 3 & 7 Serenity Close, Noosa Heads, (Lots 10 & 11 SP195871) – CBD Settlers Cove
           pty ltd


In accordance with Section 383 of the Sustainable Planning Act 2009, the application seeks to amend
condition 35 of the existing court approval (Appeal 178 of 2010) for a residential development at 3 & 7
Serenity Close, Noosa Heads and extend the relevant period for a further 4 years until 8 April 2021.

Background

On the 8 April 2010, Sunshine Coast Council issued a Development Permit for Multiple Dwelling (109
Dwelling Units) and Accommodation Building (90 Accommodation Units) and Ancillary Facilities
(132008.176). An appeal was lodged with the Environment Court and the court subsequently issued
the approval on the 14 October 2011 (Appeal 178 of 2010).

On the 6 December 2013, the Environment Court approved a change to condition 35 - extending the
relevant period until 8 April 2017 and included an additional condition for a monetary contribution of
$44,160 for the offset of 44 koala habitat trees (Appeal 190 of 2013).

The applicant subsequently paid the money for the koala habitat tree offsets and Council used the
money for the planting and maintenance of 300 koala habitat trees within the Girraween Nature
Refuge (see Noosa Council Planning & Environment Agenda 18 August 2015).

Proposal

Martoo Consulting has been engaged by the landowner of the site, to request a 4 year extension of
the currency period of the permit to the 8 April 2021 in which to commence the approved
development. The owner provides the following grounds for the request of the extension of the
currency period:

          •     Capital is currently tied up constructing the substantial residential development at 12 & 14
                Serenity Close (Lots 7 & 8) and intends to develop the subject site after these are completed.
          •     Issues associated with obtaining finance for the project in its current form.
          •     Uncertainty of time frames and the impacts of other major projects which have significant
                visitor accommodation components.
Full text of the other 2 pages

Page 2

 Page 2                                                                               January 5, 2017


Statutory Requirements

In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend
the relevant period, the assessment manager must only have regard to:

     a) the consistency of the approval, including its conditions, with the current laws and policies
           applying to the development, including, for example, the amount and type of infrastructure
           contributions, or charges payable under chapter 8, parts 2 and 3; and
     (b) the community’s current awareness of the development approval; and
     (c) whether, if the request were refused—
           (i) further rights to make a submission may be available for a further development
           application; and
           (ii) the likely extent to which those rights may be exercised; and
     (d) the views of any concurrence agency for the approval given under section 385.

Assessment

State Policies
The site is mapped within a Koala Assessable Development Area and the SEQ Koala Conservation
State Regulatory Provisions are applicable. Council has previously allowed a monetary offset for the
removal of the koala food trees from the site which will be used in the nearby Girraween Reserve
consistent with the applicable assessment criteria. The application is consistent with all other State
Regulatory Provisions and the State Planning Policy.

The Noosa Plan Requirements
The current development approval was assessed and granted under the superseded planning
scheme. The proposal was reviewed against The Noosa Plan provisions as part of the 2013
application for extension of the relevant period, and it was determined the development form is
generally consistent with the current requirements of The Noosa Plan and the areas of non-
compliance were minor.

With regard to infrastructure charges it is noted that as part of previous changes to the approvals and
extensions, infrastructure charges for missing networks have been charged.

The current approval is therefore consistent with the current laws and policies.

Community Awareness
The Sustainable Planning Act details that the community’s awareness of the proposal shall be
considered in determining a request to extend the relevant period. The original application was
publicly notified in 2009 and 21 properly made submissions were received. The site is zoned Attached
Housing and the community is well aware that the site will be developed for units as part of the
Settlers Cove project. Advertising signs and construction works have been consistently displayed on
the site as part of sales campaigns that ensure the community is aware of the residential intent for the
area.

Concurrence Agency Response
As part of the original application, the State provided concurrence referral agency conditions, including the
Department of Environment and Resource Management for vegetation matters and the Department of
Environment and Heritage Protection for koalas matters. The currently proposed extension was referred to
State Assessment and Referral Agency on the 5 January 2017 for comment.

Page 3

 Page 3                                                                            January 5, 2017


This development application has been prepared in accordance with the Sustainable Planning Act
2009 and meets the requirements set under S383 of the Act. The application also includes the
following attachments:

    1. Completed request to change an existing approval form;
    2. Copy of the Approval Plans, 2013 extension and Expenditure of Koala Offset Contribution; and
    3. Cheque for application fee of $2,406 (Extension to Relevant Period – More Substantial Matters)

Please contact our Sunshine Coast office if Council has any issues granting this request to extend the
currency period or to discuss any aspect of the above development.


Yours faithfully,




Jack Lewis
Senior Town Planner
Martoo Consulting pty ltd

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