Martoo Response to IR

Council Reference: MCU14/0039
Our Reference:     01569 L12 NG




2nd July 2015


Chief Executive Officer
Noosa Council
Po Box 141
TEWANTIN QLD 4565


Confidential Email Transmission: [email protected]
Original in Post: No




Dear Sir/Madam


RE:     RESPONSE TO INFORMATION REQUEST_______________________________________
Development Application for Material Change of Use for Cultivation – Type 2 Intensive for Premises
at 305 Lake Macdonald Drive, Lake Macdonald and described as Lot 1 on SP108094: MCU 14/0039


I refer to the above application and in particular to the request for additional information issued by your
                     th
Council and dated 25 June 2015.

This request listed 14 items that Council considers is necessary in order to complete its assessment of the
above application. After a review of preliminary specialist reports commissioned in response to the items
raised in Councils information request, the applicant has to determined to change the application in the
following manner:

    •   Deletion of the two future greenhouses with the approval now seeking approval for the one existing
        greenhouse on site;
    •   Modify the proposed access to the site with access to agricultural use to be taken through 271 Lake
        Macdonald Drive (Lot 2 on SP108094);
    •   Removal of two earthen bunds from the site.

New proposal plans are included in Attachment A.

The proposed changes are noted as not being a minor change under the Sustainable Planning Act (SPA)
however are considered a change in accordance section 354 of the SPA. Section 354 of the SPA states:

        354 Effect on IDAS—changes about matters relating to submissions or information requests
                (1) This section applies to a changed application if—
                          (a) the change is not a minor change of the application; and
                          (b) the assessment manager is satisfied the change—
                                   (i) only deals with a matter raised in a properly made submission for
                                   the application; or
                                   (ii) is in response to an information request.
                (2) IDAS does not stop for the changed application.
                (3) Subsection (4) applies if the notification stage applied to the original application
                and the change was made during the notification stage or after the notification stage
                ended.
                (4) The notification stage must restart or be repeated unless the assessment manager
                is satisfied the change would not be likely to attract a submission objecting to the thing
                comprising the change, if the notification stage were to apply to the change.
                (5) Also, if the notification stage applies to the changed application, the assessment
                manager can not decide the application until the notification stage has ended.