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L62 Extension letter to NSC · 152006.862.02
Attached to the e-mail 152006.0862.02 - Request Extension to Relevant Period..
Council Reference: 2006/862
Our Reference: 0 510 L62 NG
th
24 March 2014
Chief Executive Officer
Noosa Council
PO BOX 141
TEWANTIN QLD 4565
Attention: Planning & Development – Jack Lewis
Dear Sir/Madam
RE: Request to Change Conditions Associated with a Development Permit and Extension
of Currency ______________________________________________________________
Development Application – Reconfiguration of a Lot for Premises situated at 1270 McKinnon
Drive, Ringtail Creek described as Lot 26 on SP 104706: Council Ref 2006/862
Martoo Consulting has been engaged by Mr. J Franz the owner of the above site, to change five
conditions of the above development approval 2006/862 and request an extension to the currency
period.
In March 2010, Sunshine Coast Council approved a development application for a Reconfiguration
of a Lot (one lot into two lots) subject to a number of conditions including those that restricted the
house site location on the larger northern lot outside mapped vegetation. (Council reference
2006/862).
In December 2011, Sunshine Coast Council approved a development application for a Material
Change of Use of Premises (Detached House) for a dwelling on the proposed larger lot of the
subdivision which permitted the location of the dwelling within the mapped vegetation. (Council
reference MCU 11/0204
The applicant has been progressing with the subdivision approval (2006/862) has lodged an
application for operational works, received approval and paid the relevant bond. However following
approval of the subdivision approval Council notified the applicant that the Development Approval
for the dwelling (MCU11/0204) was not consistent with conditions of the subdivision approval. In
this regard the conditions of the subdivision approval state that the location of future dwellings are
to be outside the mapped Remnant Vegetation, whereas the MCU approval approves a dwelling
within the mapped vegetation area.
The applicant has met with Council staff who have advised that to progress the subdivision
approval and MCU approval, changes to the subdivision approval will be necessary. It is noted that
Council staff were supportive of the proposed changes to the subdivision conditions.
The applicant is therefore requesting:
• changes to those conditions that conflict with the MCU approval for a dwelling; and
• an extension of the currency period of 2006/862 of a further 4 months.
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The applicant seeks to amend the conditions 10, 11, 13 and 29 of 2006/862 as detailed below:
Condition 10 – Prior to endorsement of the plan of survey by Council, a metes and bounds plan
shall be submitted to Council indicating the house site and effluent disposal area/s on Lot 1 and
Lot 2. The house site and effluent disposal areas shall be located on areas outside the Coastal
Management District, Remnant Vegetation and a 40 m buffer from the Remnant Vegetation as
identified by the Department of Environment and Resource Management…
Representation to condition 10 – The applicant seeks deletion of the condition due to the conflict of the
condition with MCU 11/0204 for a dwelling which was approved by Council, issued after the subdivision
approval and permits a dwelling within the Remnant Vegetation. The condition is therefore inconsistent
with the later approval and should be deleted.
Recommendation: delete condition
Condition 11 – There shall be no buildings, structure or civil works (e.g. earthworks, dams, levies,
driveways) within the Coastal Management District, Remnant Vegetation and the 40 m buffer from
the Remnant Vegetation as identified by the Department of Environment and Resource
Management…
Representation to condition 11 – The applicant requests deletion of the condition as detailed above.
Recommendation: delete condition
Condition 13 – Prior to any works commencing on site an Operational Works (landscaping)
application is required and it to be approved by Council. The plan is for the Vegetation
Management and Rehabilitation of the Coastal Management District.
Representation to condition 13 – The applicant requests deletion of the requirement as the Coastal
Management District of the site is in good condition and does not need any revegetation or rehabilitation.
The area is currently fenced and is in its natural state and there is no need for any further works. The
condition is therefore superfluous, not relevant and should be deleted.
Recommendation: delete condition
Conditions 29 – Refer to the Department of Environment and Resource Management conditions
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in their letter dated 10 February 2010
Representation to condition 29 – The conditions are requested to be modified in accordance with
anticipated changes from the relevant referral agencies.
Proposed new condition/amended condition/ or delete condition – As per State Agency
requirements.
The applicant also requests an extension of the currency period for a further four (4) months based
on the following.
• The applicant has been progressing with subdivision approval as evidenced by the
submission and subsequent approval of the relevant operational works application for the
development;
• The site was listed for possible purchase by Sunshine Coast and the applicant delayed
the commencement of the subdivision waiting for confirmation of Council purchase before
proceeding with the subdivision. The new Noosa Council advised that they were not
interested in purchasing the site and hence the applicant has proceeded with the
development;
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• The extension of time is required to overcome an inconsistency of conditions associated
with the subdivision and the later MCU application for a dwelling;
• The additional time is required to enable State agencies to comment on the requested
changes to conditions.
• The subdivision is consistent with the form of development in the area and represents a
logical extension to Riverpark Drive.
This development application has been prepared in accordance with the Sustainable Planning Act
2009 and is submitted electronically with the following attachments:
1. The completed Noosa Council Request to Change Form; and
2. The applicant will be submitting a cheque separately for Council application fees
Please contact me if you require any further information and/or clarification.
Yours sincerely
Nadine Gorton
Senior Planner
martoo consulting pty. ltd.
CC: DSDIP Via MYDAS
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