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11396_Council_Representation_260912 · MCU11/0254

Attached to the e-mail Representations MCU11/0255.

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   26 September 2012

   Our Ref: 11396 / Office: Sunshine Coast
   Council Ref: MCU11/0254



   SUNSHINE COAST REGIONAL COUNCIL
   LOCKED BAG 72
   SUNSHINE COAST MAIL CENTRE QLD 4560

   ATTENTION: Mr Marcus Brennan

   Dear Marcus

   REPRESENTATIONS ON DECISION NOTICE

   DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE

   60 HOFMANN DRIVE, NOOSAVILLE
   LOT 4 ON SP222982

   Further to Council’s Decision Notice issued for the above development application, we make the
   following representations in regards to Council’s approval:

   Condition 10

   Condition 10 requires a performance bond of $20,000. This bond is considered an unreasonable and
   irrelevant imposition of the development and is contrary to Noosa Planning Scheme Policy 7. This
   policy indicates that Council m ay impose conditions on a development approval requiring the
   lodgement of bonds… and that bonds m ay be required for- ensuring compliance with conditions. The
   policy further indicates purpose of performance bonds is used as an incentive to a developer to
   construct properly or develop in accordance with the conditions of approval. Some common examples
   may include compliance with a load limit on certain roads, retention of trees or vegetation or
   construction of the development in accordance with the approved plans. Very often, in the view of the
   community, these circumstances are critical to satisfactory development being achieved.

   It has become common practice that all MCU approvals issued under The Noosa Plan are imposed
   with a performance bond which is contrary to the intent of PSP 7. Having regard to the policy and the
   excerpts above there is no need in this instance to impose a general performance bond. The bond is
   simply not required and places additional financial pressure on the developer for no real purpose. The
   bond is seen as a disincentive for the applicant to proceed with the development.

   Accordingly, we request that Condition 10 be deleted.

   Condition 24

   Condition 24 requires that all waters, including stormwater runoff, groundwater seepage and leechate
   from acid sulphate soils must comply with specified quality criterion. While this may be reasonable for
   the construction phase of the development it is an unreasonable imposition and cannot be controlled
   by the developer post construction and sale of the units. It is noted the condition is under the


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Brisbane                                        Sunshine Coast                                       North Queensland

Suite 1, 14 Lever Street, Albion Qld 4010       Suite 1, Corner Surf Road & Gardak Street            1C/41 Sturt Street, Townsville Qld 4810
PO Box 266, Albion DC Qld 4010                  Alexandra Headland Qld 4572                          PO Box 5027, Townsville Qld 4810
p | 07 3262 1200 f | 07 3262 1499               PO Box 6380, Maroochydore BC Qld 4558                p | 07 4721 3066 f | 07 4721 3088
                                                p | 07 5443 2844 f | 07 5443 7146

                     Ken Hicks & Associates Pty Ltd ACN 010 278 823 ABN 74 308 405 611 trading as KHA Development Managers
Full text of the other 2 pages

Page 2

heading of Acid Sulfate Soils, which suggests the real intent of the condition relates to acid sulphate
soils impact during the construction stage.

Accordingly, we request that Condition 24 be deleted or amended to only refer to the construction
stage of the development.

Condition 38

Condition 38 requires that all landscape works must be established and maintained in accordance with
horticultural best practice and that all plant material must be allowed to grow to full form and be
refurbished when its life expectancy is reached. This condition appears to largely be an unnecessary
duplication of condition 39. The second sentence of condition 38 is of particular concern to the
applicant which suggests that plant material cannot be appropriately and aesthetically pruned and
maintained.

Accordingly, we request that Condition 39 be deleted in its entirety or at minimum the second
sentence of the condition deleted.

Conditions 41 – 43

Conditions 41 – 43 require an easement to be created over the pathway along the south eastern
boundary in favour of Council for maintenance access purposes. White not stated it is obvious the
maintenance access is for the adjoining park reserve. This condition is neither relevant to nor
reasonably required with respect to the development and places an unreasonable imposition on the
development.

Discussions were held with Council during the assessment of the application in relation to bushfire
management and the potential to clear some of the park reserve boundary line for bushfire
management and maintenance access purposes. It was made clear to the applicant that Council had
sufficient area within the existing park reserve for access and maintenance of the park area without
the need for further clearing.

It is further relevant that both the subject site and the park reserve were created under the same
reconfiguring a lot application/approval. Comprehensive reporting and assessment was undertaken at
the time of both environmental and bushfire management issues. As a result Lot 4 is encumbered
with both environmental covenants and bushfire setback requirements. Rehabilitation and
maintenance plans were also required for the park reserve. Should access to the park reserve have
been deemed necessary, the original reconfiguration would have been the appropriate time to address
the matter. It is unreasonable to now further encumber an already substantially encumbered
property with this easement requirement, particularly as it was made clear during the application
process that sufficient maintenance access to the park exists.

Accordingly, we request that Conditions 41 – 43 be deleted.

Condition 44

Condition 44 requires an Environmental Awareness and Education Brochure to inform purchasers of
the significance of the adjacent bushland reserve. This condition is neither relevant to nor reasonably
required with respect to the development and places an unreasonable imposition on the development.

This condition adds further unnecessary cost impediment upon the developer and serves no real
purpose. There are no provisions of the planning scheme to suggest this is warranted or necessary.
Should Council deem this necessary then it would be more effective for such brochure to be prepared
and supplied by Council.

Page 3

Accordingly, we request that Condition 44 be deleted or amended to require the brochure to be
prepared and supplied by Council.

Condition 45

Condition 45 requires any domestic cats to be permanently confined within buildings or cat
enclosures. This condition is neither relevant to nor reasonably required with respect to the
development. There are no provisions of the planning scheme to support or warrant such a condition.

Accordingly, we request that Condition 45 be deleted.



Should you have any questions with respect to the above, please do not hesitate to contact me direct.

Yours faithfully
KHA DEVELOPMENT MANAGERS




Scott Sobey
DIRECTOR

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