09/1270 - Objection by Body Corporate [As Published] · 132009.1270

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COPY

Your Reference:
18 August 2009
sunshine Regional Council Oe or eoto50
TEWANTIN QLD 4565 Partners:
; lan R Miller
Michael Sobey ©
Dear Sir Associate:

Toby Nielsen

MARCUS DUNES COMMUNITY TITLES SCHEME 26506
DAVID LOW WAY

We act for the Body Corporate Marcus Dunes Community Titles Scheme 26506, David Low Way.
The Body Corporate has had the opportunity of reviewing plans for a proposed dwelling on Lot 32
within the Scheme from the owners, Karl Thomas Fairs and Jennifer Marie Fairs.

The Body Corporate by-laws contain by-law 24(4) which reads as follows:

“Any building including landscaping on a lot shall be constructed in compliance with the
zoning conditions including Plan of Development 101 6/1K in operation over the scheme land
under the provisions of the Town Planning Scheme for the Shire of Noosa.”

We note the reference to Plan of Development 1016/1K.

In addition, we understand that the conditions of approval of the original plan of development given
under the superseded planning scheme have been adopted by the Noosa Plan. Schedule 6 of the
Noosa Plan refers to Marcus Dunes David Low Way and under column 3 refers to “Dwelling
houses in accordance with As Constructed Allotment Details Plan ACA-1", and under column 4
refers to “TPC 2850".

Plan of Development 1016/1K was incorporated into Schedule 6 of the Noosa Plan as Plan ACA-1
pursuant to TPC 2850.

The Body Corporate is most concerned-that the provisions of the Noosa Plan incorporating the
conditions of the superseded planning scheme are applied to the development of lot 32.

Attached is a copy letter from GMA Certification Group Pty Lid which raises some issues to be
addressed. That letter is not provided as a comprehensive list of all issues.

Please acknowledge receipt of this letter. We would expect that individual lot owners in Marcus
Dunes may also write to Council and may contact Councillor Green.

Yours faithfully

lan Miller
SYKES PEARSON MILLER
Email: [email protected]

CLH_91250_004.doc

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1 Locked Bag 72 . 107 5475 7272
| S U nN S h | Nn e Coa st Sunshine Coast Mail Centre F 07 5475 7277

“4 i ! Council Qld 4560 E [email protected]
~~ Regiona ABN 37 876 973 913 W www.sunshinecoast. alc jov.au
Officer: © ~ “Helen Lowrie -

 

Direct Telephone: 07 5449 5181
Response Address: Locked Bag 72
Sunshine Coast Mail Centre QLD 4560

Email: [email protected]
Our Reference: Property: 32/512 David Low Way, Castaways
Beach

Your Reference: IRM:CLH:91250
26 August 2009

lan Miller 28 AUG 2009

Sykes Pearson Miller
PO Box 2000
NOOSA HEADS QLD 4567

Dear Sir

Re: Proposed building for Lot 32 ‘Marcus Dunes’ situated at 512 David Low Way,
Castaways Beach

| refer to your letter of 18 August 2009 in which you request reassurance that The Noosa
Plan provisions forthe above site will be applied to the proposed dwelling house for Lot 32.

To date, neither a building nor planning application has been lodged with Council. Initial
inspection of draft plans viewed by planning staff revealed that the building would be over height
in its present form and would require a Development Permit for a Material Change of Use for a
Detached House.

The application would trigger Code Assessment, which does not require public notification
under the Integrated Planning Act 1997. However, Council is unlikely to approve-an application
that is over height or not within the provisions of the planning scheme.

You are advised that the planning application, once lodged with Council, can be viewed online.
All relevant correspondence is posted on line at each stage of the application process. Go to
http://rrif. noosa .qid.gov.au/masterviewpublic/modules/propertymaster/default.aspx?page=searc
h Enter the property address, go to Applications and Documents.

You are assured that the application for Lot 32 will be assessed against the provisions of The
Noosa Plan as they relate to the above site.

Please contact Trish Sweeney or Glen Conforti on 5449 5331 if you wish to discuss the matter
further.

Yours faithfully,
a
K Coy La.

Kerri Coyle
Coordinator Planning Applications - North

Caloundra Office Maroochydore Office Nambour Office : Tewantin Office

. 1 Omrah Avenue 11-13 Ocean Street Cnr Currie and Bury Streets 9 Pelican Street
Caloundra Qid 4551 Maroochydore Qld 4558 Nambour Qld 4560 Tewantin Qld 4565
T 07 5420 8200 T 07 $475 8501 - T 07 5475 8501 T 07 5449 5200

F 07 5420 8900 F 07 5441 8338 _ F 07 5441 8338 F 07 5447 1062