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09/1490 - Request to change existing approval & drawings [As Published] · 132009.1490.02

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T 07 $455 4877
F 07 5455 4677
M: 0402 814 428
E: [email protected]

 

6 September 2010

The Manager — Town Planning
Noosa Council

PO Box 141

TEWANTIN

QLD 4565

NOOSA SPRINGS LOT 750 THE PALMS
MCU 2009/1490 - Application to amend Condition 10

 

Dear SirfMadam

On behalf on our client, Mr & Mrs C Wilson, we forward for your consideration and approval details of the
residence for Lot 750 The Palms Noosa Springs.

* Request to Change Existing Approval
* Drawings - 3 sets of A3

0918 CD 1001 A, Site Ground Floor plan:Pergola
* Cheque for $418.00 being application fee

Further to the original Decision Notice date 4 December 2009, we hereby request amendment to General
Condition 10 to allow the construction of the pergola.
Condition 10 states: “ The portion of pergola within the front setback shall be removed"

In support of this application we offer the following:

* The Covenants and Noosa Springs By Laws have always allowed the inclusion of a gatehouse
structure within the 6.0m street setback. In fact, we have lodged numerous applications with the
planning department of Council over the last 7 years and in most cases the home included such a
structure.

* The Developer (Govard Pty Ltd) and the Noosa Springs Community Body Corporate approved the
inclusion of the pergola in applications submitted to them and assessed against the Noosa springs
Development Control By-Laws

¢ In previous cases the gatehouse structure was a masonry enclosure with either a tiled or metal
roof. In this situation as the street frontage is relatively narrow we decided on a less imposing
approach ie a timber pergola structure. it also add variety to an otherwise all masonry structure.

- This structure is unroofed, open pergola, the main posts and beams are set back approximately
1.8 m from the side boundary. The pergola joist extend 200mm past the beams.

* The pergola encroaches into the front left corner of the site and as such creates a soft welcoming
structure directing visitors to the entry space.

‘The street frontage is very narrow (12m compared to the average 20m) for Noosa Springs and to
have a solid masonry structure as an entry focus would further cramp the visual flow of the
property.The pergola creates an entry focus, defining the entry but not creating a heavy entry
structure.

*The pergola will be further concealed and punctuated by extensive landscaping to the home.

‘The attached highlighted drawing shows the encroachment.

We look forward to your approval in due course.

Yours faithfully,

toc

Peter Hull Architect Pty Ltd

 

ee Ter RY APR CCHIT oT Oe LET
ro BOHN 407 MIMOSA HEADS @ 4567
Full text of the other 5 pages

Page 2

~ INTEGRATED PLANNING ACT 1997

   

XS Form 2 Development Application

97 Request to change an

~~ Form 2, Version 4.1,3 March 2008

   

existing approval

Details of person making the request

1. Who is making the request?

Company or organisation name (If applicable)

 

individual applicant/Contact person (if there is more than one applicant, provide additional applicant details on an attachment to this form)

Title} mga {Firstname

 

 

 

 

 

Pepe) HUW AVANT PRL UTc

 

 

PETS

 

 

 

 

Last

name WU

 

 

 

 

Postal address] ?.0, Box 40°77 Nicos

JAAD $

Mw. 4367)

 

 

Contact telephonenumber |O? GaGGagty

 

 

Facsimilenumber |CX) S4SOQ, 4677

 

 

 

| Details of the existing approval

2. What are the details of the approval sought to be changed?

e-mail address

Mobile phone number

 

O402 914496

 

 

peter @ petestmi i avcnitedck ¢ cw.

 

 

 

 

 

 

 

segs , Assessment manager

Type of approval Identification number Date issued (it request not made to the assessment manager)
M1 Development Permit ‘
[CJ Preliminary Approval 2004 | \440 4/12) 04 CILEN) CaNpowt)

 

 

 

- Identification of the premises

3. Can any part of the premises be identified by a street address or lot on plan description?

LJ No — Answer Q3(a)

3(a} Does the application only involve a mobile and temporary environmentally relevant activity (ERA)?

No - Go to Q4

Table A

“7 Yes - Complete Table A Stating the nafure of the mobile and temporary ERA and each focal
government area to which the approval applies. Then go to Q6.

 

Nature of mobile and temporary ERA

Name of each local government

 

 

 

 

 

[-}Yes - Complete Table B and Q3(b)

 

 

 

Tabie B
Street address Lot on plan description Local goverment area (e.g
Unit Street , Post Plan type and Logan, Caims)
No. No. Street Name and official suburb/ocality name Code Lot No. Plan Number
1. 182 NoSA CfA NA perive AS&) Bo | AT? SUN SKING
Ee (oT02ZS | ceasr,

 

 

 

 

 

 

 

 

 

 

Page 1

Page 3

 

 

 

 

 

INTEGRATED PLANNING ACT 1997 — —— Form 2, Version 4.1, 3 March 2008
3(b) Can the address be further described by shop/tenancy number or storey/level?

EX No [] Yes-— Complete Table C
Table C} = Shop/tenancy number Storey/levet
1,

 

 

 

 

 

 

 

4. Can the premises best be identified by coordinates (e.g. for development proposed in waters, or on a site within a large rural lot)?

 

 

 

 

 

 

 

 

 

 

 

 

 

CY No [-] Yes — Complete Table D
Table D
Coordinates Zone Local government area
(Note: place each set of coordinates in a separate row) Datum g
: Reference (If applicable)
Easting Northing Latitude Longitude
1. [-] GDA94 [.] WGS84
[7] Other
5. What is the total area that makes up the premises (ie. the area covered by the application)?
Area of land above high water mark/outside watercourse Area in a water body or watercourse
LOA! KJ m2 [hectares (Tick applicable unit) [J m2  [[] hectares (Tick appticable unit)

 

 

 

 

 

Owner’s consent and resource owner’s agreement

6. {(s the person making the request the owner of the land to which the approval attaches?

[1 Yes we No ~ Complete Table E - provide details for each owner on a separate row, or on an attachment to this form if applicable. Note: Advice
provided at the end of this form details when owner's consent Is not required.

 

Table E Details of the
premises owned . * Date consent
Owner's namels and postal address 2 aadrass or loton plan description) Signature was obtained

1 1MO.G. WILLS) Po. bX SS w 1/4 ho
BUMUNID 1 & .
| ASGZ . Lier

7. If an application for the existing approval were being made now (i.e. at the time of making this request), would evidence be required to
support the application because it involved taking or interfering with a State-owned resource prescribed by schedule 10 of the

integrated Planning Regulation 1998 (IP Reg) or any other regulation
wae No [} Yes- Complefe Table F and submit, with the application, written agreement to the request.

 

 

 

 

 

 

 

 

Table F Date written agreement of the chief
Nature of State-owned resource Relevant State Government Department executive was obtained

 

 

 

 

 

 

Nature of the request

8. Whatis the nature of the request for change? (Tick the applicable box/es)
[] Anextension of the period before an approval lapses (under IPA, section 3.5.22)
[J To change the development approval other than a change of condition (under IPA, section 3.5.24)
J To change or cancel a condition of approval (under IPA, section 3.5.33) - Go fo Q11

LJ Tochange conditions of a rezoning approval given under the Local Goverment (Planning and Environment) Act 1990 (under iPA,
section 6.1.35A)- Go to Q12

9. Were one or more concurrence agencies involved in the approval?

No

* Owner's signature can not be provided on the form if you intend to submit the application electronically. Owner's consent must be provided to the assessment manager on
an attachment containing appropriate written documentation of the owner's consent. If the owner is a company the company must sign as owner. $127 of the
Corporations Act 2001 (Cwealth) details how a company may execute a document.

Page 2

 

 

 

 

Page 4

 

—_ INTEGRATED PLANNING ACT 1997 | Form 2, Version 4.1, 3 March 2008

[4 No LJ] Yes- Complete Table G. Submit, with the application, a copy of the notice required to be sent to each agency under
IPA sections 3.5.22(1)(a) and 3.5.24(1)(b).

 

Each concurrence agency Date notice sent
Table G (use a separate row for each agency}

 

1.

 

 

 

 

 

10. Does the request for change relate to an aspect of the approval that involved a building referral agency?

 

 

[++ No [-] Yes - Complete Table H. Submit, with the application, a copy of the notice required to be sent to each agency under
IPA section 3.5.24(1){b).
Each building referral agency Date notice sent
Table H (use a separate row for each agency) (notice only required for request to change e
development approval)
1.

 

 

 

 

 

"Details and reasons or justification for the request

 

11. What are the details of the requested change and the reasons or justification for the change? Use a different row for each change if more
than one.

Details of requested change (including extension of the period if relevant) Reasons or justification for the requested change
1 | See AlkACHRO CMD rPomlOomn cK

 

 

 

 

 

 

. Mandatory attachments and information
12. What are the mandatory attachments and supporting information accompanying this application?

 

 

Description of attachment or information Title and date (i applicable) Method of delivery to assessment
(8.9. notice to concurrence /building referral agencies, owner's (e.g. James Street Traffic Report) manager
consent, resource owner's agreement, drawings, reports)

 

 

 

 

 

 

 

OFFICE USE ONLY

 

433062

Date received Reference numbers Cost Code (applicable to EPA only} (ERAs)

 

 

 

 

 

 

 

 

 

 

Advice for completing Form 2
Page 3

 

Page 5

 

 

 

“INTEGRATED PLANNING ACT 1997 Form 2, Version 4.1, 3 March 2008

General advice

e Form 2 may be used for any one of the four types of request for changing an existing approval —

e —anextension of the period before an approval lapses (under IPA, section 3.5.22)

e to change or cancel a condition of approval (under IPA, section 3.5.33)

¢ to change the development approval other than a change of condition (under IPA, section 3.5.24)

e {ochange conditions of a rezoning approval given under the Local Government (Planning and Environment} Act 1990 (P&E Act) {under IPA,
section 6.1.35A)

« Form 2 is not an approved form under the iPA. The assessment manager, concurrence agency or court may have their own form for the purpose
of making a request to change an approval. In the case of a request to change conditions of a rezoning approval, the P&E Act establishes the
process to be followed and provides for the local goverment to determine the required form.

e The entity that should receive the request is:

e for an extension of the period before an approval lapses - the assessment manager (even if the approval was granted by the court (IPA,
section 3.5.22(9))

¢ tochange or cancel a condition of approval — the entity that decided or required the condition (i.e. the assessment manager, a concurrency
agency or the court}

e tochange the development approval - the assessment manager

« tochange conditions of a rezoning approval — the local govemment

e When paying fees to the Environmental Protection Agency by electronic funds transfer (EFT) for requests relating to environmentally relevant
activities (ERAs) or coastal development, use the process from the information sheet Electronically paying fees to the Environmental Protection
Agency (EPA) and attach the form Electronic Funds Transfer (EFT) payment notification to the request.

Qi Any person may make a request to change an approval. However, in the case of a development approval for building work or operational
work for the supply of community infrastructure on land designated for the community infrastructure, only the person supplying the
infrastructure may make a request (IPA, section 3.5.33(3A)).

 

 

 

 

Q2 If the request is made to a concurrence agency or the court, notice of any subsequent change or cancellation of a condition must be given
to the assessment manager (IPA, section 3.5.33(9)).
Q6 * Ifthe person making the request is not the owner of the land to which the approval attaches, the request must be accompanied by the

owner's consent. (IPA, sections 3.5.22(3), 3.5.24(3), 3.5.33(3)).
e However, owner's consent is not required if the approval is for:
¢ amobile and temporary ERA; or
e — building work or operational work for the supply of community infrastructure on land designated for community infrastructure
(IPA, section 3.5.33(3A)).

 

 

 

Q7 The request must also be accompanied by the written agreement of the chief executive from whom evidence of resource allocation or
entitlement would be required if an application for approval were being made. (IPA, sections 3.5.22(5), 3.5.24(5), 3.5.33{3C)})

Q9 For a request to extend the period before an approval lapses, or to change a development approval, each concurrence agency for the
approval must be given written notice of the request (IPA, sections 3.5.22(1), 3.5.24(1}).

Q10 For a request to change a development approval, if the subject of the request involved a building referral agency, that agency also needs to

be given notice of the request (IPA, section 3.5.24(1)). For a request to change conditions the opinion of a relevant building referral agency
must be given regard to by the entity deciding the request (IPA, section 3.5.33(9}}.

 

 

 

 

Page 4

Page 6

203°41'00"
43.814

Site & Ground floor
"200

Pergola

t

1:100

 

 

 

i

AREA SHADED REPRESENTS THE EXTENT
OF THE PERGOLA ENCROACHMENT INTO
6.0m SETBACK ZONE

Peter Hull Architect Py id

P.O Bax $07 Roosa Heods
Qusortchand 4547

EOF S455 477 07 5455 407
E: peter@peterhullorciteds omay
aD: 163 922 S70

Project North

ee
Seca es

Chic & Parnela Wilson
Name
RESIDENCE

750 The Palms Noose Springs

‘The:
Plans CD - Planning Amondment

Site & Ground floor, Pergola
Seale: 1:200, 1:100

Sut CONSTRUCT

Project No

£

 

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