Delegated Report 132009.879.02

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST TO EXTEND RELEVANT PERIOD

Application No:	132009.879
	
Author:	Glen Conforti - Development Planning Officer
	
Project Director:	Glen Conforti - Development Planning Officer
	

SUMMARY:
APPLICATION DETAILS
Application Number:	132009.879.02
Applicant:	Mr PF Amour
Request Received Date:	25/10/2016
Original Approval Type:	Development Permit for Material Change of Use - Detached House

PROPERTY DETAILS
Property Address:	8 Arakoon Cres SUNSHINE BEACH  QLD  4567
RP Description:	Lot 786 RP 48111
Land Area:	607m²
Existing Use of Land:	Detached dwelling

STATUTORY DETAILS
Planning Scheme:	The Noosa Plan (16 September 2013)
Locality:	Eastern beaches Detached Housing
Zone:	
Assessment Type:	Change to Approval (extend the relevant period)

PROPOSAL:

The applicant seeks a 2 year extension to the relevant period of 132009.879.

The applicant requests the extension for the following reasons:

Due to the Global Financial Crisis the owner of the site has not been able to set aside the necessary funds for the construction of the dwelling.

The Noosa Plan includes the site in the Detached House zone which supports the development of a dwelling on the lot.

The current approval was assessed under the 2006 Noosa Plan which is still relevant over the site and local area; and

The Natural Resources Overlay is relevant for the site and the development is consistent with the development provisions for this Overlay.

BACKGROUND:

A Development Permit for Material Change of Use - Detached House was issued on 19 November 2009.  The dwelling complied with the provision of the relevant code except for the garage which required a front setback relaxation.

On 14 November 2013 Council extended the relevant period for 3 years lapsing on 14 November 2016.

STATUTORY PROCESS:

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 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;
(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…

ASSESSMENT:

Consistency with Current Planning Scheme

The original assessment was undertaken against the Noosa Plan and there have been no amendments to the planning scheme that would affect the assessment if it was undertaken today. Notwithstanding the above, an assessment against the current planning scheme has revealed that the original application is still compliant with the applicable provisions.

Community’s Current Awareness of the Development, Rights to Submit and Likelihood of Further Submissions

The original application was code assessable and was not publically notified.  Under the current planning scheme the proposed use is also code assessable and not required to be publicly notified.

Concurrence Agencies

There were no concurrence agencies to the original application.

RECOMMENDATION

APPROVED - It is recommended that the Relevant Period for 132009.879.01 is extended for a period of 2 years and will expire on 19 November 2018.

Agree to change Condition 2 to read as follows:

Relevant Period
The Development Permit for a material change of use lapses if the use has not happened by 19 November 2018, unless an application to extend the currency is approved by Council.

[word/footer2.xml]
FM1517s/4-20/06/2013	Page 3 of 4

[word/footer3.xml]
FM1517s/4-20/06/2013	Page 1 of 4

[word/footer4.xml]
FM1517s/4-22/06/2013

[word/header3.xml]
PRESS F11 ON REPORT COMPLETION TO ENSURE ALL TEXT INSERTION FIELDS HAVE BEEN REMOVED