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07/2431 - Op Works - Change to development application [As Published]

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attention
re

 

 

JONES FLINT & PIKE PTY. LTD. ABN 79050414045,

| MAROOCHYDORE JONES FLINT & PIKE

development consultants, .
planners, surveyors, landscape architects

 

30 June, 2009
M1717 - 30 BRISBANE
JF&P House
Cnr Ernest and Merivale Streets, South Brisbane,
hone (07)3844 7161 fax (07)3846 1959
The Manager of Land Development phone (07}3844 7161, tax (0713846 1969
Sunshine Coast Regional Council e-mail [email protected]
Northem Region SUNSHINE COAST
PO Box 141 237-239 Bradman Avenue, Maroochydore,
hone (07) 5443 2500 fax (07) 5443 4759
TEWANTIN QLD 4565 POBeN Maroochydore, Cucensiand 4558
e-mail [email protected]:
GLADSTONE
Mr Mark Lewis , 59 Goondoon Street,
Noosa Domain Retirement Village phone (07/4972 2100 fax (07049 Pee ,
Application to Amend an Operational Works Approval e-mail [email protected] ‘

to facilitate the Fencing of the North-Western Boundary
of Lot 2 on SP162077 located at 35 Walter Hay Drive,
Noosaville. Council Reference: 2007/2431

www jtp.com.au

 
  
 

e

Dear Sir,

We act on behalf Country Club Villages Pty Ltd which is the registered proprietor of Lot 2 on
SP162077 located at 35 Walter Hay Drive, Noosaville.

Country Club Villages Pty Ltd is currently constructing a Retirement Village on the subject
property. The site is currently being fenced. The safety and privacy of residents of the Retirement
Village will be protected by fencing the boundaries of the property and restricting access to the
village to a single entry point at a controlled gate. The fencing will also be used to protect public
safety during the construction period. In the course of surveying the boundaries of the site to
facilitate the fencing it has been found that the drainage channel constructed adjacent to the
north-western boundary of the site has been constructed across the site boundary. The location
of the channel is confirmed on the attached Contour and Detail Survey Plan (M1717-04C).

Country Club Villages Pty Ltd was the owner of the site when Walter Hay Drive was constructed
and dedicated. It was always intended that the drainage channel be located within Easement A on
SP162077. The present location of the channel makes it impractical for Country Club Villages Pty
Ltd to fence the north-western boundary of the site.

The drainage channel needs to be fenced in order to protect both public safety and to provide
security for the residents of the Retirement Village. It should also be considered that the drainage
channel borders an area that will be used eventually for a public park and walkway. The Council
also has a duty of care to protect the safety of the users of those facilities.

It appears that in order to facilitate the fencing of the drainage channel two of the options are to
either relocate the drain onto the correct alignment or allow Country Club Villages Pty Ltd to
construct a fence on an agreed alignment generally along the top of the north-western bank of the
drain. The fencing of the top of the existing bank is not only the most practical solution but it will
also relieve Council of the costs and responsibilities associated with the maintenance of the drain.
It should be considered that the southern section of the drain has been landscaped by and will be
maintained by Country Club Villages Pty Ltd. Country Club Villages Pty Ltd is prepared to similarly
landscape and maintain the northern section of the drain if the fence is positioned on the bank as
proposed, thereby allowing the drain to be protected from public nuisance.

 

This matter has been the subject of several discussions, various correspondence, and site
inspections over a prolonged period of time. It has now been agreed that the best way to protect
the interests of all parties is to make the necessary fencing a requirement of the approved
Operational Works — Landscaping for the site. Accordingly it is hereby proposed that condition 1
of Development Approval 2007/2431 be amended such that the landscaping plans for the fencing

J.C.Franklin, GOURP MRAPI MDIA
LA.Thomson, BApp Sc(Surv) ADip(Surv) MSSI

M.T. Fitzgerald, Surv MSSI
B.W. Butler, BApp Sc(Surv) MSSI

MEMBER OF AUSTRALIAN SPATIAL INFORMATION BUSINESS ASSOCIATION - QUALITY ASSURED SUPPLIER - MEMBER OF URBAN DEVELOPMENT INSTITUTE OF AUSTRALIA

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Page 2

iL?

 

M1717-30

( ON Page 2

30" June, 2009

and associated plantings be incorporated into the approval as approved drawings for the
operational works. The suggested wording for condition 1 is:

‘The site is to be developed in accordance with the approved Plans titled and numbered
Operational Works Landscape Plan - LGGG 850 — LA0Q1 01 of 03 Issue D and LGGG 850 LA02
of 03 Issue C, prepared by Landgraphics and dated Nov 07 and Operational Works Landscape
Plan — North West Boundary - LGGG 1206 Issue G sheets 1 and 2 prepared by Landgraphics
and dated January 2008 and as may be amended by these conditions.”

In further support of this request we have attached:

An IDAS Form 2;

A signed owner's consent;

Three copies of Operational Works Landscape Plan — North West Boundary —

LGGG 1206 Issue G sheets 1 and 2 prepared by Landgraphics and dated January 2008;
A cheque for $122.00 in payment of the application fee; and

Contour and Detail Survey Plan M1717-04C.

ap ONS

If you require any further information or discussion please contact me.

 

Yours faithfully,
JONES FLINT & PIKE PTY LTD

JIM TOO
Encl.

cc: Mr Anthony Singleton — Country Club Villages Pty Ltd

 

 

 

Page 3

N

 

Company Owner's consent to the making of
an IDAS development application

 

 

| DSrewme Wames Gort ____iisert name in tull)

Director, AND

I, Pace Dare Bork (insert.nanie in full),
Pirecroc.. _ (insert “Company position

 

‘In-fall - Le, another di
‘not‘applicable,.i.é. for & propriet

"a. company:secretary *'strike:out above:name. and. company position. if
ny that has. a‘ Sole diféctor Who Is:also the sole
company secretary, only:that director needs:to:complete the. owner's:consent);

  

of Gountry Ciub Villages Pty Ltd (irisert name of compaiy):
Owner Of préimisés Identified as follows

‘Lot 2: or $P162077 (insert'street address: lot 6h platy description; oF cosrdinates’ot thé premises:

‘thé subject of the application)

Consent ta thé making of a development application under ‘the Integrated. Planning
Act 1997 by

Country Club Villages Pty Ltd (insert name of applicant)

-on the prernises describéd-above.for'the purposes of

 

 

(signature. oF Director)

+2009.

 

(signature of Director/ Company Secretary)

 

 

Signed day of ___ (YUNG , 2009.

 

‘Company seal (if used)

Page 4

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

 

Request to change
an existing approval

 

 

1. Who is making the request?

 

Company/organisation name
{if applicable) |

 

 

 

 

ind

 

   

 

 

 

 

 

 

 

* REN a aH
Title he [Fe Firstname — | Jim Last name — |
Postal address lor. JF&P Pty Ltd PO Box 6 Maroochydore QLD 4558 |

 

 

 

Contact telephone number [07 54432500 Mobile phone number foat2 071025 |

 

 

Facsimile number 07 54794162 _ | e-mail address [email protected] |

 

 

 

 

 

 

 

 

  
  

  

the.assessinent me hi
+ She  Abeareeart rave ek

 

 

i] Development Permit
{7} Preliminary Approval

2007/2431 23-Jan-2008 Sunshine Coast Regional Council

 

 

 

 

 

 

3. Can any part of the premises be identified by a street address or lot on plan description?
LJ No - Answer Q3(a)
Yes - Complete Table 8 and Q3(b)

Table B

 
        
   

Bi SRR ae Se Es Z Laima:

 
     
   

 

S'Number {-‘fimber =}

3

     

 

  

Walter Hay Drive Noosaville SP162077 Sunshine Coast

     

3(b). Can the address be further described by shop/tenancy number or storey/level?

[KK] No

(1 Yes - Complete Table C

Page 5

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

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

(X] No

LF Yes - Complete Table 0

5.  Whatis the total area that makes up the premises (i.e. the area covered by the apptcation)?

eS EP AA PAG Sl LEE
ove igh.wat water, markoutside. watercourse.

SPU, Robitaille se Maer! ee e uc et

om B hectares Om D hectares

(Tick applicable unit)

 

 
   
 
  

 
  

    

 

 

 

 

 

 

 

 

me

 

6. Is the person making the request the owner of the land to which the approval attaches?

Yes oO 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.

7. lf 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

No oO Yes - Complete Table F and submit, with the application, written agreement to the request.

 

 

8. Whatis the nature of the request for change? (Tick the applicable box/es)

(C1 An extension of the period before an approval lapses (under IPA, section 3.5.22)
(7) To change the development approval other than a change of condition (under IPA, section 3.5.24)

[X] To change or cancel a condition of approval (under IPA, section 3.5.33) - Go to Q11
oO To change conditions of a rezoning approval given under the Local Govemment (Planning and Environment) Act 1990 (under IPA,
section 6.1.35A) - Go fo Q12

 

 

 

 
  

Details and reasons or justification tort
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.

 

 

 

 

 

 

Mandato
12. What are

  

 

 

 

 

 

 

 

 

 

 

1 | Landscaping Plans for the North Westem Boundary LGGG 1206 {2 sheets) Issue G over the counter
2 | Owner's Consent over the counter
OFFICE USE ONLY

 

 

 

 

Date Received | __ Reference Numbers | Cost Code (applicable to EPA anly) (ERAS

 

 

 

 

 

Page 6

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

Advice for completing Form 2

 

General advice
Form 2 may be used for any one of the four types of request for changing an existing approval -

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.

The entity that should receive the request is:

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.

an extension of the period before an approval lapses (under IPA, section 3.5.22)

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)

to change conditions of a rezoning approval given under the Local Govemment (Planning and Environment) Act 1990 (P&E Act) (under IPA,
section 6.1.35A)

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))

to change 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)

to change the development approval - the assessment manager

to change conditions of a rezoning approval - the local government

 

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)).

 

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

° If the 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)).
. However, owner's consent is not required if the approval is for:
¢  amobile and temporary ERA; or
* __ 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))

 

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 7

 

LEGEND

 

 

4
¢ | Scope of works

rf

 

 

Trees as
specified

Shrubs, Accent

** 2t| planting and
K-) Groundcovers

as specified

 

 

 

 

 

 

 

 

 

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LANDSCAPE ARCHITECTS

KEY PLAN ~~

SCALE 1:750 @A1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPERATIONAL WORKS LANDSCAPE PLAN - NORTH WEST BOUNDARY al S eed
Noosa Domain Retirement Village, Walter Hay Drv, Noosaville for Country Club Villages Pty Ltd. == |e |

 

 

 

 

Page 8

 

 

 

LEGEND

+ Trees as
specified

Shrubs, Accent

 

 

 

 

 

                                         

 

 

 

 

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Sx BAN rob K-) Groundcovers
as specified
3x BAN rob
4x ISO nod-
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8x LOM fon: ¥ Ly Pe a 4 tandscaping
3x LOM fon. PR =
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x CRI pan:
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Te CR pen : Code __ Botanical Name_ Common Name ___Size ___|No.
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q BAN rob Banksia robur Swamp Banksia 140por__|_ 43, o fomn | eestecoactwmcc — [0
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WALTER HAY ORV, NOOSAVILLE

 

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COUNTRY CLUB VILLAGES PA.

 

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JONES FLINT & PIKE

 

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