Action Notice Compliance Request PS17/0021

0Officer:	Mark Lewis
Direct Telephone:	07 53296290
Fax:
Our Reference:	MLEWIS:PS17/0021
Your Reference:	M1775
21 July 2017

JFP Urban Consultants Pty Ltd
PO Box 6
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Action Notice - Compliance Request
Sustainable Planning Act 2009
I refer to your request for a Compliance Certificate received on 29/06/2017.  You are advised that the Development does not achieve compliance, as described below:
compliance request details
Application No:	PS17/0021
Proposal:	Compliance Certificate – Survey Plan SP186475
Street Address:	191 Hollett Rd NOOSAVILLE  QLD  4566
Real Property Description:	Lot 53 SP 163571
Planning Scheme:	The Noosa Plan
NATURE OF COMPLIANCE REQUEST
Request for a Compliance Certificate in respect of the following:
SP186475
ACTION NOTICE details
Reasons Compliance Not Achieved	Action Required to Achieve Compliance
1. The Decision Notice requires lodgement of an Operational Works application for subdivisional works for each stage.	Lodge an application for a Development Permit for Operational Works for stage 1 with appropriate documentation and management plans as required by conditions of the Development Permit to Reconfigure a Lot (152006.1999).
2. Amended plans have not been submitted pursuant to the Decision Notice.	Submit amended plans prior to the issue of the first Development Permit for Operational Works.
3. The Performance Bond required by Condition 17 of the Development Permit to Reconfigure a Lot (152006.1999) has not been lodged with Council.	Submit the Performance Bond of $60,000 to Council.
4. Works required to be completed for stage 1 as set out in the Development Permit to Reconfigure a Lot (152006.1999) have not commenced or been completed.	Complete the required works for stage 1 in accordance with a Development Permit for Operational Works and the Development Permit to Reconfigure a Lot (152006.1999).
5. The Infrastructure Charges for the approved development have not been paid pursuant to the Infrastructure Charges Notice 449.	Pay the Infrastructure Charges for stage 1 of the development of $163,398 (at cpi March 2017)
6. Council’s rates are outstanding for the property as of 13 July 2017.	Pay the outstanding rates for the property.
You may again make a Request for Compliance Assessment after you have completed the abovementioned action(s).  The Request for Compliance Assessment must be accompanied by IDAS Form 32 and made no later than 21 October 2017, otherwise the Request may lapse under section 411 of the Sustainable Planning Act 2009.
Please note that Council will commence its assessment of the subsequent Request for Compliance Assessment only after all of the abovementioned actions have been completed to Council’s satisfaction.
REPRESENTATIONS
You are entitled to make written representations to Council about the matters mentioned in Section 3 of this Action Notice in accordance with section 412 of the Sustainable Planning Act 2009.  Your written representations must be made no later than 21 October 2017.
RIGHTS OF APPEAL
You are entitled to appeal against Council’s decision to issue an Action Notice. A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.
If you have any further queries in relation to the above, please contact Mark Lewis on the above number.
Yours faithfully

Mark Lewis
coordinator Engineering
environment and sustainable development

Encl:	Appeal Rights

	Appeal Rights SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING REGULATION 2009

The following is an extract from the Sustainable Planning Act 2009 (Chapter 7).
Division 9 - Appeals to court about compliance assessment
468 Appeals against decision of request for compliance assessment
(1)A person to whom an action notice has been given under section 405(5) about a request for compliance assessment of development, a document or work may appeal to the court against the decision in the notice.
(2)The appeal must be started within 20 business days after the notice is given to the person.
469 Appeals against condition imposed on compliance permit or certificate
(1)A person who is given a compliance permit or compliance certificate subject to any conditions may appeal to the court against the decision to impose the condition.
(2)The appeal must be started within 20 business days after the day the compliance permit or compliance certificate is given to the person.
470 Appeals against particular decisions about compliance assessment
(1)A person to whom any of the following notices have been given may appeal to the court against the decision in the notice-
(a)  a notice of a decision on a request to change or withdraw an action;
(b)  a notice under section 413(2)(c) about a decision to refuse a request to change a compliance permit for compliance certificate.
(2)The appeal must be started within 20 business days after the day the notice is given to the person.

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PS17/0021