Council archive · source document
142007.2555.03 Request Extension of Currency Period
I
^CRC CORRESPONDENCE
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. -'^.\NING
SOLUTIONS
Friday, 7 October 2011 . etc t3
Our Reference: 164
Council File Reference: 2007/2555 14 2_00_^ . zs55.o3
2 S^D2q C
Sunshine Coast Regional Council
Locked Bag 72
SCMC NAMBOUR QLD 4560
Attention: The Chief Executive Officer
Dear Sir
RE: REQUEST TO EXTEND CURRENCY PERIOD (PRELIMINARY APPROVAL FOR OPERATIONAL
WORKS - DRAINAGE, STORMWATER, VEGETATION CLEARNING, WATER & SEWERAGE,
EARTHWORKS, ACCESS AND PARKING) -COUNCIL FILE REFERENCE: 2007/2555
On land at 27 Attunga Heights, Noosa Heads - Lot 27 RP89506
I refer to Council's Decision Notice in respect of the above dated 21 April 2009. On behalf of
the applicant (David Neate) and pursuant to the relevant provisions of the Sustainable
Planning Act, I herein make a request to extend the currency period of the above application
until 15 October 2013.
In support of the application I enclose the following mandatory information:
1. Duly completed SCRC Change to Approval form; and
S
II. A cheque in the amount of $1624 being the requisite Council application fee\` o M '%C'
Development Counter
P: 07 5443 1444
^9 OCT 2011 E: [email protected]
Suite 5.156-158 Alexandra Parade,
Alexandra Headland. 0 4572
Page 1 of 3 Maroochydore PO Box 1043.
Marooctrydore. 0104558
townplanningsunstunecoast.com.au
Member Plarrw €InsthAe of nustrafa
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Page 2
I
SOLUTIONS
In addition to the listed mandatory information and in deciding this request pursuant to
Section 388 of the Sustainable Planning Act, the Council is requested to take the following
facts and circumstances into consideration:
1. The approval which is the subject of this request to extend the relevant period is for
Operational Works associated with a parent Material Change of Use approval for Multiple
Dwelling Units (30 Units) and Accommodation Building (12 Accommodation Units)
(Council File Reference 2003/221199). The parent Material Change of Use approval has
had its relevant period extended to 15 October 2013, thus this request is made to bring
the associated Operational Works approval in to line with the parent approval.
2. Section 388 of the Sustainable Planning Act sets out the matters which Council must have
regard to in their assessment of a request to extend the relevant period of an approval.
Each of these matters are set out and considered below.
(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 infrastructure charges payable under an
infrastructure charges schedule; and
The consistency of the approval with current scheme policies is assured because;
(i) The approval complies with current planning scheme policies and a current
development approval for a Material Change of Use for the land as described
above;
(ii) Infrastructure charges are not relevant to this application as they are set by the
parent Material Change of Use approval (2003/221199) which is current until
2013.
(b) the community's current awareness of the development approval; and
P: 07 5443 1444
E: info®ipsptyltd.corn.au
Suite 5.156-158 Alexandra Parade.
Alexandra Headland, Q 4572
Page 2 of 3 PO Box 1043.
Marooctrydore. QLD 4558
t ow nplanningsunshi necoast.com.au
Member Planning Institute of Australia
Page 3
I
44 • NNOVATIVr
SOLUTIONS
The original approval was for Operational Works associated with a parent Material
Change of Use application as above. The parent Material Change of Use approval has
had its relevant period extended to 2013. The approval which is the subject of this
request to extend the relevant period was not subject to public notification and the
community's awareness of the approval has not changed and is not relevant to this
application.
(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
Given the approval is for operational works and did not require public notification.
Therefore this part of the Act is not relevant to the application at hand.
(d) the views of any concurrence agency for the approval given under section 385.
There were no concurrence agencies for the previous approval, thus this requirement is
satisfied.
Based on the above, we ask Council's favourable consideration of our request to extend
the relevant period until 15 October 2013 (2 years) in line with the parent Material
Change of Use approvals for the land.
I trust the above is relatively straightforward, however should you wish to discuss any of
the above, please do not hesitate to contact me.
Yours sincerely,
DIRECTOR
INNOVATIVE PLANNING SOLUTIONS
P: 07 5443 1444
E: [email protected]
Suite S. 156-1S8 Alexandra Parade.
Alexandra Headland. 0 4572
Page 3 of 3 PO Box 1043.
Maroochydore. QLD 4558
t ow np l ann in gsunshi ne co a s t .com.a u
Member Planing Institute of Australia
Page 4
Sunshine Coast Request to Change Existing Approval and/or
Extension to Relevant Period
NOTES: Which entity Issued the approval?
ALL questions MUST be completed unless the form indicates Sunshine Coast Regional Council
otherwise. Other entity - please specify:
This form must be submitted to Council accompanied by the
is the approval for a mobile and temporary ERA?
applicable fee.
Attach extra pages if there Is Insufficient space on the form. No
If Council was the Assessment Manager for the existing approval, Yes - complete below
and the approval was Issued by the Court, then:- Insert the name of each local government area in which the
(a) a request to change the development approval and/or mobile and temporary ERA is proposed to
conditions Is mode to the Court; and
operate/operating.
(b) a request to extend the relevant period for the approval Is
made to Council.
Al! terms used on the form have the meaning given In the
Sustainable Planning Act 2009 or the Sustainable Planning
Regulation 2009. 3. Nature of request
Please tick ALL applicable categories
1. Details of the person making the request 1 To change the development approval
Full name - Individual or company To change the development conditions
David Neate C/- Innovative Planning Solutions To extend the relevant period before lapsing
Contact name -for company Please attach documentation outlining the details of
and the reasons and justification for the requested
James Brownsworth
change or extension.
Postal address
4. Location of the premises
PO Box 1043
Maroochydore QLD 4558 Street address
Unit no. Street no. Street name
27 Attunga Heights Road
Contact phone number Fax number - If applicable
Suburb Postcode
07 5443 1444
Noosa Heads
Mobile number - if applicable
0421498517 Lot and plan description
Lot no. Plan type & plan no.
E-mail address - if applicable
Lot 2 RP865533
lames @ i psptytt d. com . a u
I 2. Details of the existing approval
Type of approval - please tick ALL applicable categories
Development Permit
S. Concurrence Agencies
Preliminary Approval
Compliance Permit Was there one or more concurrence agencies involved in
Material Change of Use the original approval?
Reconfiguring a Lot No
Operational Works Yes - provide details below
Building Works Note - Under s372 of the Sustainable Planning Act 2009 the person
Plumbing or Drainage Works making the request Is required to give a copy of this request to all
concurrence agencies.
Compliance Certificate
Environmentally Relevant Activity (ERA) Concurrence Agency Date copy given
Application number Date issued
2007/2555 21 April 2009
Page I of 2
Page 5
Pre-request response notice 1 8. Does the request Involve a State resource
prescribed under the Sustainable Planning
Has a pre-request response notice been given by a relevant
Regulation 2009, Schedule 14?
entity (e.g. a concurrence agency) for this request?
No No
Yes Yes - complete Table C below
if yes, please attach a copy of the notice.
Table C - State owned resource
Nature of State owned resource
7. Owner's consent
Is the owner's consent required for this request?
No Nature of evidence required
Yes - complete either Table A or Table B below Evidence of allocation of /entitlement to, the resource
Note - If more than one owner of the land all owners' details are Evidence the chief executive has agreed to the request
required.
Attach a copy of the evidence required above.
Table A - owner's consent provided on form
Owner's Warne/s ^. ,(. AFL N ','/)C-A>1 f NOTES: For question 8
1IJ7- Section 370(3) and (4) of the Sustainable Planning Act 2009 requires
I/We, the above-mentioned wner/ of the land, consent to that if an application for the development approval were made at
the making of this request. SPA/, j the time of making this request and evidence under section 264(1) of
Signature/s the Sustainable Planning Act 2009 would be required to support the
application, this request must be accompanied by the written
Date agreement of the chief executive from whom evidence would be
f- required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that If a
development involves a State resource, a regulation may require the
Table B - owner's consent attached application to be supported by certain evidence prescribed under
Owner's name/s regulation. Schedule 14 of the Sustainable Planning Regulation 2009
prescribes the State resources for which evidence is required to be
given, and the evidence required, to support the application.
J The owner's written consent is attached.
NOTES: For question 7
9. Applicant's declaration 1
Under section 371 of the Sustainable Planning Act 2009, If the
person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's
consent.
However, owner's consent is not required if the approval:
By making this relquest, I declare that all information in this
• relates to land the was acquisition land to which section
263(2)(d) of the Sustainable Planning Act 2009 applied when request is true andcorrect.
the application for the approval was mode; or
• is for building work or operational work for the supply of
community infrastructure on land designated for the
community Infrastructure; or
• the consent of the owner would not be required under section
263(1) of the Sustainable Planning Act 2009 If a development
application were made for the requested change.
Also, owner's consent is not required if the Assessment Manager is
satisfied that:
• the number of owners of the land make It impractical to obtain
owners' consent and the requested change does not materially
affect the owners'Iand; or
• having regard to the nature of the proposed change, the owner
has unreasonably withheld consent and the requested change
does not materially affect the owner's land
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