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Advise of Adjoining Owners - 010.2006.00001354.001 [As Published] · 132006.1354
Denis Wallace, 07 5449 5179
Email: [email protected]
Application Ref: 2006/1354
9 May 2007
P & S Pty Ltd
CARE Murray & Associates (Qld) Pty Ltd
PO Box 246
NAMBOUR QLD 4560
Dear Sir/Madam,
Re: Application for Material Change of Use for a Dwelling House and Lot
Reconfiguration assessed against the Superseded Planning Scheme
situated at 1 Laguna Street BOREEN POINT described as Lot 21 RP 839106
I refer to the public notification stage for the above application.
Please find enclosed, a list of names and postal addresses of owners of all land
adjoining the subject site, as shown on the attached map. Please check the properties
on the map, as the responsibility to correctly notify adjoining owners rests with the
applicant.
It is important to note that the application lapses if the public notification is not
commenced within 20 days from the end of the Information Request Period. According
to Council’s records, the Information Request Period ended on 2 May 2007. For further
information, please refer to the attached Explanatory Note.
Attached for your convenience, is a copy of a Notice of Compliance. This Notice is
required to be completed and returned to Council at the end of the advertising period.
Again, it is also important to note that the application lapses if Council has not received
this Notice within 3 months after the completion of the advertising period.
Should you have any further enquiries in this regard, kindly contact me on the above
telephone number.
Yours faithfully,
Denis Wallace
ASSISTANT PLANNING OFFICER
Award Winner - Australian Clean Beach
Challenge 2004 Litter Prevention
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Public Notification Procedures for IDAS
Applications requiring Impact Assessment
EXPLANATORY NOTE
1 INTRODUCTION One key aspect to note is that an application can
1
automatically lapse if the public notification
The purpose of this explanation sheet is to period is not commenced within 20 business
provide guidance to applicants on the public days of the completion of the relevant preceding
notice procedures under Section 3.4 of the stage.
Integrated Planning Act (IPA). The IPA and its
Regulations, sets out the requirements for the 4 WHEN CAN NOTIFICATION STAGE
giving of public notice. These guidelines quote START
much of the relevant IPA and Regulation material.
Noosa Council has resolved that applicants will Section 3.4.3 of the IPA indicates when the
undertake the procedures. notification period can start. Where Noosa
If there is doubt about a particular public notice Council is the assessment manager, advice will
aspect, the applicant should refer to the IPA or be forwarded to the applicant, wherever
have the public notice procedures undertaken by a possible, confirming that the notification period
consultant who is familiar with the IPA may be commenced.
requirements. 3.4.3. (1) If there are no concurrence
agencies and the assessment manager has
Whilst every care has been taken in preparation
of this explanation sheet, finally it is the stated in the acknowledgment notice that the
applicant's responsibility to ensure that the assessment manager does not intend to make
procedures are correctly followed. Council an information request, the applicant may start
the notification stage as soon as the
cannot accept any responsibility for incorrect
giving of public notice. acknowledgment notice is given.
2 PURPOSE OF PUBLIC NOTIFICATION (2) If no information requests have been
made during the last information request period,
Section 3.4.1 of the IPA indicates as follows:- the applicant may start the notification period as
soon as the last information request period
3.4.1 The notification stage gives a person - ends.
a. the opportunity to make submissions, (3) If an information request has been made
including objections, that must be taken into during the information request period, the
account before an application is decided; applicant may start the notification period as
and soon as the applicant gives-
b. the opportunity to secure the right to appeal a. all information request responses to all
to the court about the assessment manager’s information requests made; and
decision.
b. copies of the responses to the assessment
3 OVERVIEW OF PUBLIC NOTICE manager.
PROCEDURES
5 WHAT IS PUBLIC NOTICE
There are three distinct tasks to be undertaken
in carrying out the public notice requirements:- The following is extracted from Section 3.4.4 of
the IPA:-
a. Placement of a notice or notices on the land.
3.4.4.(1) The applicant must-
b. Notification by letter to adjoining owners.
a. publish a notice at least once in a newspaper
c. Placing a notice in a local newspaper. circulating generally in the locality of the
After the notification period has ended, the land; and
applicant must give the assessment manager b. place a notice on the land in the way
written notice that the applicant has complied prescribed under a regulation; and
with the requirements of the public notice
provisions of the IPA. c. give a notice to the owners of all land
adjoining the land.
(2) The notices must be in the approved
form.
1
Refer to Section 3.2.12 of the IPA.
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(3) For subsection (1)(c), roads, land below a. placed on, or within 1.5 m of, the road
high-water mark and the beds and banks of frontage for the land; and
rivers are to be taken not to be adjoining land.
b. mounted at least 300 mm above ground
(4) In this section owner, for land adjoining level; and
the land the subject of the application, means-
c. positioned so that it is visible from the
a. if the adjoining land is subject to the road; and
Integrated Resort Development Act 1987 or
the Sanctuary Cove Resort Act 1985 - the d. made of weatherproof material; and
primary thoroughfare body corporate; or e. not less than 1200 mm x 900 mm.
b. if the adjoining land is subject to the Mixed 5.2 The lettering on the notice must be-
Use Development Act 1993 - the community
body corporate; or a. for lettering in the heading, as indicated
on the approved form of the notice—at
c. subject to paragraph (a) and (b), if the least 50-mm in height and in a bold style;
adjoining land is subject to the Building Units or
and Group Titles Act 1980 - the body
corporate; or b. for lettering in the subheadings, as
indicated on the approved form of the
d. if the adjoining land is, under the Body notice—at least 25 mm in height and in a
Corporate and Community Management Act bold style; or
1997 scheme land for a community titles
scheme - c. for lettering not mentioned in paragraphs
a and b—at least 25 mm in height, of
(i) the body corporate for the scheme; or regular weight and in sentence case.
(ii) if the adjoining land is scheme land for 5.3 Each sentence in the notice must start on a
more than 1 community titles scheme - new line.
the body corporate for the community
titles scheme that is a principal scheme; 5.4 If the land has more than 1 road frontage, a
or notice must be placed on each road frontage
for the land.
e. if there is a time sharing scheme on the
adjoining land and the name and address of 5.5 The applicant must maintain the notice from
a person has been notified under the Local the day it is placed on the land until the end
Government Act 1993, section 715 - the of the notification period.
person; or 5.6 In this section, road frontage, for land,
f. if the adjoining land is land being bought means-
from the State for an estate in fee simple a. the boundary between the land and any
under the Land Act 1994 - the buyer; or road adjoining the land; or
g. if the adjoining land us land granted in trust b. if the only access to the land is across
or reserved and set apart and placed under other land—the boundary between the
the control of trustees under the Land Act other land and any road adjoining the
1994 - the trustees of the land; or other land at the point of access.
h. if paragraphs (a) to (g) do not apply - the The following is an extract from Section 3.4.6 of
person for the time being entitled to receive the IPA:-
the rent for the land or would be entitled to
receive the rent for it if it were let to a tenant (1) The notice placed on the land must
at a rent. remain on the land for all of the notification
period.
Form 7 is the standard form for public notice
purposes and is Attachment 1. 7 NOTICE IN THE NEWSPAPER &
NOTICES TO ADJOINING OWNERS
6 NOTICE ON LAND
The following is an extract from Section 3.4.6 of
Signs based on Form 7 are available for the IPA:-
purchase from Project Signs located at 21 Sail
Street, Noosaville. (2) Each notice given to the owner of
adjoining land must be given at about the same
The following is an extract from the Integrated time as the notice is published in the newspaper
Planning Regulation 1998 and prescribes, for and placed on the land.
section 3.4.4.(1)(b) of the IPA, requirements for
the placing of a notice on land:- (3) All actions mentioned in subsection (2)
must be completed within 5 business days after
5.1 The notice must be- the first of the actions is carried out.
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Form 7 (Attachment 1) is the form on which to
base both the notice to adjoining owners and the
notice in the newspaper.
Council encourages the use of local newspapers
such as the Noosa News, Noosa Journal &
Sunshine Coast Daily for advertising purposes.
8 NOTIFICATION PERIOD
Section 3.4.5 of the IPA indicates as follows:-
3.4.5 The notification period for the
application-
a. must not be less than -
(i) if there is no referral coordination for the
application- 15 business days starting on
the day after the last action under section
3.4.4(1) is carried out; or
(ii) if there is referral coordination for the
application - 30 business days starting on
the day after the last action under section
3.4.4(1) is carried out; and
b. must not include any business days between
20 December and 5 January (in the following
year.)
9 COMPLETION OF NOTIFICATION
PERIOD
3.4.7 If the applicant carries out notification, the
applicant must, after the notification period has
ended, give the assessment manager written
notice that the applicant has compiled with the
requirements of this division.
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Guide for completion of:
FORM 7 – PUBLIC NOTICE OF DEVELOPMENT APPLICATION
Form 7
Integrated Planning Act 1997
PUBLIC NOTICE OF DEVELOPMENT
APPLICATION
Planning Scheme for … (name of local government) …
Proposal ….(describe the proposal in a way that ensures that the public is aware of the
existence and nature of the application to enable a person, where appropriate, to make a
properly made submission. It should be noted that the use of planning scheme definitions may
1
not be sufficient in some circumstances in order to satisfy these notification requirements .
Furthermore it may also be appropriate to indicate the proposed scale of intensity of the
2
proposal eg. the number of restaurant, bars and dwelling units proposed .) …
Applicant… (insert name of applicant) …
On land at …(insert the postal address of each lot to which the application relates, or if the
land does not have frontage to a named road or cannot be otherwise sufficiently identified, the
property description. In any case, the postal address or property description is to be sufficient to
locate the land)….
The application can be viewed at … (insert address of assessment manager)…
Any person may, on or before …(insert last date of receipt of submissions) … make
a signed written submission to…(insert postal address of the assessment manager)
July 2001 Version 2.0
1
Naramura v Brisbane City Council & Queensland Intravenous Aids Association.
2
Edwards & Anor v Douglas Shire Council & Ors
Page 6
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FORM 7 – PUBLIC NOTICE OF DEVELOPMENT APPLICATION
Form 7
Integrated Planning Act 1997
PUBLIC NOTICE OF DEVELOPMENT
APPLICATION
Planning Scheme for … (name of local government) …
Proposal: ___________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
Applicant: _______________________________________________
_______________________________________________
On land at: _______________________________________________
_______________________________________________
_______________________________________________
_______________________________________________
The application can be viewed at: Noosa Council, 9 Pelican Street, Tewantin.
Any person may, on or before ________________________________ make
a signed written submission to Noosa Council, 9 Pelican Street, Tewantin)
Council File Ref: ___________________________________________
Version 1 (3/98)
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Notice of Compliance
Integrated Planning Act 1997 S 3.4.7
(Applicant/notifier’s name) __________________________________________
(Address) ______________________________________________________
(Contact details) __________________________________________________
(Date) _________________________________________________________
(Assessment manager’s name) ________________________________________
(Address) ______________________________________________________
RE: Application for (Proposal details/Town plan definition)
______________________________________________________________
(House number & Street address) _______________________________________
(Lot & Plan details) _________________________________________________
(Application No.) __________________________________________________
Dear (Sir / Madam)____________________________________ ___________
I (Name of applicant / notifier)_______________________________________ have
undertaken and completed the public notification with respect to the above
application.
The public notification included
Publishing a notice in (Name of the newspaper)
_____________________________________________________________
on (Date of published advertisement). __________________________________
A copy of the newspaper advertisement is attached to this notice
AND
Placing a notice on the land from (Date the sign was erected)
_____________________________________________________________
until (Date the sign was removed) _____________________________________
A photo of the sign as erected on the land is attached to this notice
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8 AND Notifying owners of all land adjoining the site. A list of the names and addresses and the date they were notified is attached to this notice. Yours sincerely, ____________________________________(Applicant / notifier’s signature and date) ____________________________________(Applicant / notifier’s name)
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9 List of neighbours for parcel(s) 21RP839106 ============================================================ 21RP839106 (Subject property) 1 Laguna ST BOREEN POINT 1.309 Ha P & S Pty Ltd 6 Castle Court TUGUN QLD 4224 ============================================================ 1RP122129 4 Tewah RD BOREEN POINT 0.0716 Ha Telstra -Transfield Telstra Alliance PMS 500 Locked Bag 1000 COORPAROO DC QLD 4151 ============================================================
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