05/2200 - Change to Development Approval - Removal of Trees [As Published] · 132005.2200.02

Page 2

INTEGRATED PLANNING ACT 1997 Form 2, Version 4.0, 3 September 2007

 

   

‘Details of person making the request

 

5. Who is making the request?

 

 

Company/organisation name
(if applicable)

Contact person details 3%

Title Mr (First name — [dohn ||Lastname {Burgess '

Postal address Po Box 2044 Byron Bay NSW 2481

John Burgess Architects

 

  

 

 

 

 

 

 

 

     

 

 

Contact telephone number jo2 6685 7645

 

 

 

 

 

 

 

 

Mobile phone number Joate 663885
Facsimile number _ [02 8885 7489
e-mail address jonna@bgpond ond.com

 

 

I mer’ an
‘Owner's consent and resource owner's agreement

 

 

6. _ Is the person making the request the owner of the land to which the approval attaches?

(7 Yes

[e] No- Complete Table E and submit, with the application, written consent to request.

Table E

 

Date written consent

Owner namels «6 was obtained :

ae cd

Patrick Rafter Dolphin Bay Drive, Sunshine Beach 30-Nov-2007

  

  

Sa SRE

    

 

 

 

 

 

 

 

7. . \f an application for the existing approval were being made now (i.e. af the time of making this request), would evidence be required to
support the application because it involved taking or interfering with a State-owned resource prescribed by schedule 10 of the integrated
Planning Regulation 1998 (IP Reg) or any other regulation

[2] No

oO Yes - Complete Table F and submit, with the application, written agreement to request.

 

 
  

|Nature.of the request,

      

2
8. What is the nature of the request for change?

[J An extension of the period before an approval lapses (under IPA, section 3.5.22)

(] To change the development ap proval other than a change of condition (under IPA, section 3.5.24)

[e] To change or cancel a condition of approval (under IPA, section 3.5.33) - Go fo Q11

go To change conditions of a rezoning approval given under the Local Government (Planning and Environment) Act 1990 (under IPA,
section 6.1.35A) - Go fo Q12

 

 

 

    

 

‘Details and reasons or justification for the request “ a ___: : : :
11. What are the details of the requested change and the reasons or justification for the change? Use a different row for each change if more
than one.
Details of requested chafige (including extension ofthe period if relevant) | ° Reasons or'justification for the requested change ““"*"
4] Delete Clause 3.5 * Trees are required to be removed for construction and therefore Clause
3.5 contradicts clause 4

 

 

 

 

 

 

Page 3

 

INTEGRATED PLANNING ACT 1997 . Form 2, Version 4.0, 3 September 2007

 

\Mandatory attachments and information

12, What are the mandatory attachments and supporting information accompanying this application?

 

  

Description of attachment of information
e.g. notice to concurrence /building referral

   

oe rg
Method of delivery to

 

 

 

owne! 's conisént, res6urce Owner's agrearhént, drawings, reports) Jamas SteetTrafic Repor) assessment manager
1] Letter of request from John Burgess Architects Request to change clause of approval, e-mail

 

 

 

 

 

 

 

OFFICE USE ONLY : :

 

 

Reference Numbers Cost Code (appticanie to EPA only) 4028

 

 

 

 

 

Date Received :

 

 

 

 

 

Page 4

 

INTEGRATED PLANNING ACT 1997

Form 2, Version 4.0, 3 September 2007

Advice for completing Form 2

 

General advice

Form 2 may be used for any one of the four types of request for changing an existing approval -

* — anextension of the period before an approval lapses (under IPA, section 3.5.22)

« — to.change or cancel a condition of approval (under IPA, section 3.5.33)

* — tochange the development approval other than a change of condition (under IPA, section 3.5.24)

* — tochange conditions of a rezoning approval given under the Local Govemment (Planning and Environment) Act 1990(P&€E Act) (under IPA,
section 6.1.35A) :

Form 2 is not an approved form under the IPA. The assessment manager, concurrence agency or court may have their own form for the purpose of

making a request to change an approval. In the case of a request to change conditions of a rezoning approval, the P&E Act establishes the process to

be followed and provides for the local government to determine the required form.

The entity that should receive the request is: .

* for an extension of the period before an approval lapses - the assessment manager (even if the approval was granted by the court (IPA, section
3,5,22(9)}

* — tochange or cancel a condition of approval - the entity that decided or required the condition (i.e. the assessment manager, a concurrency
agency or the couri) ”

« — tochange the development approval - the assessment manager

* — tochange conditions of a rezoning approval - the local goverment.

 

a1

If the request is made to a concurrence agency or the court, notice of any subsequent change or cancellation of a condition must be
given to the assessment manager (IPA, section 3.5.33(9)).

 

Q5

Any person may make a request to change an approval. However, in the case of a development approval for building work or operational work for|
the supply of community infrastructure on land designated for the community infrastructure, only the person supplying the infrastructure may
make a request (IPA, section 3.5.33(3A)).

 

Q6

* Ifthe person making the request is not the owner of the land to which the approval attaches, the request must be accompanied by the
awner's consent. (IPA, sections 3.5.22(3), 3.5.24(3), 3.5.33(3)).
» — However, owner's consent is not required if the approval is for:
. a mobile and temporary ERA; or
. building work or operational work for the supply of community infrastructure on land designated for community infrastructur
(IPA, section 3.5.33(3A)).

 

Q7

The request must also be accompanied by the written agreement of the chief executive from whom evidence of resource allocation or
entittement would be required if an application for approval were being made. (IPA, sections 3.5.22(5), 3.5.24(5), 3.5.33(3C))

 

Qo

For a request to extend the period before an approval lapses, or to change a development approval, each concurrence agency for the
approval must be given written notice of the request (IPA, sections 3.5.22(1), 3.5.24(1)).

 

Q10

 

For a request to change a development approval, if the subject of the request involved a building referral agency, that agency also needs to be
_ given notice of the request (IPA, section 3.5.24(1)). For a request to change conditions the opinion of a relevant building referral agency must be

 

given regard to by the entity deciding the request (IPA, section 3.5.33(9)).

 

 

Proposal ID

 

 

 

 

 

 

 

   

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_ Click here to submit your DA 7

 

 

Page 5

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Page 7

 

JOHNBURGESSARCHITECTS

architecture interiors
30" November 2007

The Chief Executive Officer
Noosa Shire Council

PO Box 141

Tewantin QLD 4565

Attention: Tracy Arthur
Dear Tracy,

RE: AMMENDMENT TO APPLICATION REF 2005/2200 - MATERIAL CHANGE OF USE OF
PREMISES - DWELLING HOUSE AND SWIMMING POOL IN SAND DUNE PROBLEM AREA, 46 &
48 SEAVIEW TERRACE SUNSHINE BEACH, LOTS 59 & 60 ON RP 81840.

Within the road reserve infront of the above property are 3 Casurina’s and a fourth is located
south of the property infront of No 44 Seaview Terrace. We request that the 3 Casurina’s
infront of the property (refer photo 1) be removed for the safe conduct of building operations.
Michael Conway Technical Officer from Noosa Council has inspected the site with our builder
and concurs that the trees are required to be removed for construction and safety reasons.

Our MCU Approval no. 2005/2200 states:

Clause 3.5: The retention of the four (4) casurina species trees in the road reserve adjacent to
the subject site.

Clause 4: Existing trees on the site and the road reserves are to be retained, except where
required to be removed due to building operations or the conduct of the approved use. These
landscape plans required to be submitted are to denote areas of existing vegetation or
existing trees proposed or required to be retained.

With reference to the above we therefore request that clause 3.5 be deleted as Clause 4 is
required to take precedent.

Yours sincerely,

John Burgess Director
JOHNBURGESSARCHITECTS

Nom. Architect John Burgess Reg. No 5554
BOAQ Reg No. 3910 ,

C:\Documents and Settings\aop4\Local Settings\Temporary Internet Files\OLK6\JBA Ammend MCU Statement.doc

SYDNEY PO BOX 420 KINGS CROSS NSW 2011 T 029331 3321 F 029331 1173 NSWREG.No 5554
BYRON BAY PO BOX 2044 BYRON BAY NSW 2481 T 026685 7645 F 02 6685 7645 QLD REG. No
3910

Page 8

 

 

Photo 1. Existing Trees to road reserve, third Casurina can be seen enveloped in Ficus

C:\Documents and Settings\aop1\Local Settings\Temporary Internet Files\OLK6\JBA Ammend MCU Statement.doc

SYDNEY PO BOX 420 KINGS CROSS NSW 2011 T 029331 3321 F 029331 1173 NSWREG.No 5554
BYRON BAY PO BOX 2044 BYRON BAY NSW 2481 =T 02 6685 7645 F 026685 7645 QLD REG. No
3910 .

Page 9

 

 

 

 

 

1 - LAND USE SECTION FEES
NOOSA :

 

 

 

 

 

 

 

RECEIPT TYPE
SALE OF DOCUMENTS .
Superseded Planning Scheme ‘Documentation 520
Copy of Permit/Approval Letter , 110
The Noosa Plan Documentation . -111
APPLICATION FEES:
sO Material Change of Use - Code/Impact
Consistent 521
Inconsistent . 521
- Assessment under Superseded Planning Scheme : 521°
Modification to a Development Permit CSO . 521
Extension of a Currency Period: . : 521
Operational Works - Landscaping §21
Bldg Work assessable against the Planning Scheme : §21
PRE LODGEMENT REVIEW —~ ~
Half Hour , §22 |
One Hour : 522
ADVERTISING
Purchase Advertised Applications 523
JETTIES
Jetty Application Fee 524
- Jetty Bond : , 51
oe . (Category 4)
BONDS ;
Performance Bond .  §41
: (Category 9)
SIGNS . a . .
Registration Fee , . , co . 222
SEARCH FEE . /
Search of Land Use Section file 112
Liquor Licensing Request : : 113
‘TOTAL. $ 656
NAME: Patick Ka ptenr ;
ADDRESS: ef- Jot Bum gars Ar chr (oe 4p
_ fro Gare © Zowy BY Kens BAY
FILENO: OS / 2200 DATE: 5S) af
¢ —= +t - -
RECEIPT NO: Signature of TP Officer: (5 +».
AUTHORITY NO: a, C/

 

Page 10

CALCULATION OF FEES

 

APPLICATION | FEE

TOTAL
FEES

 

MCU - CODE ASSESSMENT
Details of Development

Consistent 1.0
inconsistent 3.0

FEE CALCULATION

 

MCU - IMPACT ASSESSMENT
Details of Development

Consistent 1.0
‘IInconsistent 3.0

FEE CALCULATION

 

OPERATIONAL WORKS
Details of Development

FEE CALCULATION

 

 

 

TOTAL FEES