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132002.220611.5 Extension of relevant period - 14 Serenity Cl, Noosa Heads
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Council Reference: 132002.220611.4
DEVELOPMENT SOLUTIONS PEOPLE VALUE
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Our Reference:
17"' May 2016
00475 L02 NG
martoo
consulting _
Deve''"'pment Counter ABN: 62 287 949 725
Chief Executive Officer SUNSHINE COAST OFFICE
Noosa Council 1316-12 BOTILEBRUSHAVE
NOOSAHEADS
Po Box 141
PO BOX 1684
TEWANTIN QLD 4565 NOOSA HEADS Q 4567
T - 07 5447 2550
F - 07 5455 3322
Attention: Planning & Infrastructure - Denis Wallace
+ GYM PIE OFFICE
38 NASH STREET, GYMPIE
PO BOX 391
GYM PIE Q 4570
T - 07 5482 7440
Dear SirlMadam F - 07 5482 4952
+ www.martooconsultlng.com
[email protected]
RE: REQUEST FOR EXTENSION OF RELEVANT PERIOD
Development Permit for Material Change of Use of Premises for Multiple Dwelling (22 units) situated at 14
Serenity Close, Noosa Heads, described as Lot 8 on SP195871: 132002.220611.4
Martoo Consulting has been engaged by CBD Settlers Cove Ply Ltd being the owner of the above site. to request an
extension to the currency period for the above development approval. The applicant seeks to extend the relevant
period by an additional 2 years to the 4"' November 2019.
The background of the development application is detailed below:
• June 2005 - Council approved an application for a Material Change of Use for a Multiple dwelling of 23
Units.
• June 2010 - Council approved an application to change the existing approval (to 21 Units) and extend
the relevant period until4'h November 2011.
• December 2011 - Council approved an application to update the approved plans and reduce the number
of units to 22. The revised plans reduced gross floor area and updated the design to be consistent with
the provisions of the Noosa Plan.
• April 2014 - Council approved an application to extend the relevant period until4'h November 2017.
The current owner of the site now seeks approval to extend the current approval for a further 2 years noting:
• The site is included in the Attached housing zone and Open space Conservation zone and the
existing unit development and built form is consistent with this zoning;
• The existing development yield is consistent with the current 2006 Noosa Plan;
• Future surrounding uses would not be affected by the development of the site for residential
purposes;
• The development approvals are consistent with Councils intentions for the area;
The community is well aware that the site is approved for unit development; and
Due to the Global Financial Crisis the applicant has been reviewing the design of the units to ensure
that the product meets actual market demand. This review has involved discussions with Council
staff and taken considerable time.
• To meet actual construction time frames. further time is required to ensure the development will be
able to constructed/finalised by the specified lapsing date. -.\
1-_--------- ____ \80X: .??f./... R: P.~n.
• TOWN URBAN LAND o DEVELOPMENT
o PLANNING o DESIGN o SURVEYING MANAGEMENT
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STATUTORY REQUIREMENTS:
In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend the relevant
period, the assessment manager must only have regard to:
a) the consistency of the approval, including its conditions, with the current laws and policies applying to fhe
development, including, for example, the amount and type of infrastructure contributions, or charges
payable under chapter 8, parts 2 and 3; and
(b) the community's current awareness of the development approval; and
(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
(d) the views of any concurrence agency for the approval given under section 385.
ASSESSMENT:
The current development approval was assessed and granted under the superseded planning scheme prior to the
current Noosa Plan. The proposal was reviewed against the 2006 Noosa Plan provisions under the 2011 and 2014
application for extension of the relevant period, wherein it was determined that the development form generally
was consistent with the current requirements of the Noosa Plan and the areas of non compliance were minor.
The current approval is therefore consistent with the current laws and policies.
With regard to infrastructure charges it is noted that as part of previous changes to the approvals and extensions,
infrastructure charges for missing networks have been charged.
The Sustainable Planning Act details that the community's awareness of the proposal is to be considered in
determining a request to extend the relevant period. The community is well aware that the site will be developed
for units as part of the Settlers Cove project. Advertising signs and construction works have been consistently
displayed on the site as part of sales campaigns that ensure the community is aware of the residential intent for
the area,
The current proposal is generally consistent with the current planning scheme requirements and policies and the
current conditions protect the environmental considerations of the site. The general community is also well aware
that the site has a development approval for the site. The proposed extension is considered to meet the criteria of
the Act and the applicant therefore requests an extension of the currency period for a further two years.
This development application has been prepared in accordance with the Sustainable Planning Act 2oo9 and is
being submitted with the following attached:
1. The completed Council form.
2, Council's application fee of $2361.00 is paid by way of cheque for a total amount of $4722.00 which
covers this application and an application to extend 132003.220653.6
Please contact me if you require any further information and/or clarification.
Yours sincerely,
Nadine Gorton
Senior Planner
martoo consulting pty. ltd.
Page 3
. . . Request to Change Existing Approval and/or
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Ill.
III
NOOSA COUNCIL Extension to Relevant Period
2015/16
Sustainable Planning Act 2009
This form must be submitted to Council accompanied by the applicable fee.
Attach extra pages if there is insufficient space on the form.
Please note that for development approvals that include water and sewerage conditions. a Unitywater fee may also apply.
1. Details of person making the request
Full name - individual or company CJ!il;> ~c.-r-rUEI!S COVe fry
Contact Name - for company 5# AI0~N..::O:::..:-tv..::'---=c.=.:..:.'..::LLf'o,f::D:='--'-.:=-- ~ -1
Postal address PC! /!ox 1423
Suburb NOOSA lteAhS State Q 0 Postcode '-f$ 67
Business phone <::41+'b 0 \ '6G NH phone Mobile OLtCJ6752 2~
Email address "OfIf'CVl <i! s:-tt k~rs("OJe, a:M. alA . Fax
2. Details of existing approval
Type of approval (please tick ALL applicable categories) Which entity issued approval?
o Development Permit o Council
o Preliminary Approval o Other entit _-please specify
o Compliance Permit
l ,_'Iv'nter
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l..•
o Material Change of Use
o Reconfiguring a Lot
o Operational Works
17 MAY Z016
o Building Works .
o Plumbing or Drainage Works
, . ;:.,tin
o Compliance Certificate
o Environmentally Relevant Activity
Application number/council reference (;2.002.. 2 'lOb II. ! Date issued O:z..I25S{
Is the approval for a mobile and temporary ERA? 0 Yes - complete be/ow
Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
To extend the relevant period
approval conditions before lapsing
Please attach documentation outlining the detail of and the reasons and justification for the requested change or
extension.
Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is authorised to collect
this infonnation in accordance with the Local Government Act 2009 and other Local Government Acts. Your personal information is only accessed by
persons authorised to do so. Your personal information is dealt with in accordance with council's privacy policy.
www.noosa.qld.gov.au I [email protected] T 07 5329 6500
PO Box 141 TewantinQld 4565 I ABN 97 969 214 121
Page 1 of 4
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4. Location of the premises
Unit No. Street No 1~__ 1 Street se.f£NIN C.LDSE. I
Suburb f()OOSA , State QL2:> I-Po-s-tc-od-e-l.;S~b7~
Lot no. Plan type & plan no.
I 1.-0"1 ~ I
5. Concurrence Agencies
Was there one or more concurrence agencies involved in the original approval? '0 No
1------------1
o Yes-provide details below
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Note - Under 5372 of the Sustainable Planning Act 2009 the person makingthe request is required to give a copy of this request to all
concurrence agencies.
Concurrence Agency Date copy given
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6. Pre-request response notice
--------------
a pre-request response been given by a relevant entity (e.g, a concurrence agency) for this request?
I---c --- --------------,
~ No 0 Yes
If yes, please attach a copy of the notice.
Is the owner's consent required for this request?
o Yes- complete either Table A or Table B below
Note - If more than one owner of the land all owners' details are required
Table A - owner's consent provided on form Table B - owner's consent provided on form
Owner's namels L _
l/lNe, the above-mentioned ownerls of the land, consent
Owner's namels I
o The owner's written consent is attached.
to the making of this request.
Signaturels
Date
Page 2 of 4
Page 5
NOTES: For question 7
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:
relates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; 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' land; 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.
Nature of State owned resource;
Nature of Evidence required:
o Evidence of allocation of I entitlement to. the resource 0 Evidence the chief executive has agreed to the request
Attach a copy of the evidence required above
NOTES: For question 8
Seclion 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
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 application to be supported by certain evidence prescribed under 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.
I/We. the applicant, declare that the abov i formation is correct in all respects. at the time of lodgement of this
application with Council. Should any of the
applicant shall advise Council in writing prior
Signaturels
-'!..1F~~~ange
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being implemented. 1-/11,_.
tails given in relalion 10 this application be changed in the future. the
I Date I, t(1 __ ~
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OFFICE USE ONLY
Appl~ati~n no. _I Amount paid_~I_D_ate_p_a'_'d I~eceiPt~ --j initial ~ stam~
Receiving Officer
Payment options
In person 9 Pelican Street, Tewantin: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
By mail Cheque or money order to be made payable to Noosa Council.
o Cheque 10 Money order ~ 0 Mastercard IOVisa
All payments made by credit card will incur a 0.50% surcharge (exempt of GST) to reflect the cost of fees
charged for credit card transactions.
Page 4 of 4
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132002.220611.5 Extension of relevant period - 14 Serenity Cl, Noosa HeadsRelated documentApplication case desk ↗
132002.220611.5 Extension of relevant period - 14 Serenity Cl, Noosa HeadsRelated documentApplication case desk ↗
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