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

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under the superseded planning scheme have been adopted by the Noosa Plan.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conditions of the superseded planning scheme are applied to the development of lot 32.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