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Confirmation Notice
Attached to the e-mail Notice of Referral - 2-18 20 Hofmann Drive Noosaville MCU19/ 0054.
Noosa Council documents
Officer: Glen Conforti
Direct Telephone: 07 53296241
Our Reference: MCU19/0054
Your Reference: P0009660
31 May 2019
Noosa Spotlight Property 2 Pty Ltd
C/- Urbis Pty Ltd
Level 7, 123 Albert Street
BRISBANE QLD 4000
[email protected]
Dear Sir/Madam
Confirmation Notice
Planning Act 2016
Council confirms receipt of the application described below, which was properly made on 17
May 2019.
This Confirmation Notice has been prepared in accordance with the Development Assessment
Rules and contains information relevant to the processing and assessment of the application.
The following details are confirmed:
1. APPLICATION DETAILS
Application No. MCU19/0054
Street Address: 2-18 & 20 Hofmann Dr Noosaville Qld 4566
Real Property Description: Lot 4 SP 246584
Lot 1 SP 222982
Planning Scheme: The Noosa Plan (8 June 2018)
2. TYPE OF DEVELOPMENT PROPOSED
The application seeks development approval for:
Development Permit for Material Change of Use for Undefined Uses – Noosa Market Place
3. PUBLIC NOTIFICATION DETAILS
Public notification is to be carried out for this application in accordance with the requirements
set out in Part 4 of the Development Assessment Rules. The public notification period for this
application must be a period of at least 15 business days, in accordance with section 53(4)(b)
of the Planning Act 2016.
4. REFERRAL DETAILS
The application must be referred to the referral agency listed below within 10 business days
starting the day after receiving this notice, or a further period agreed by Council. Council also
needs to be notified when the material was given to the referral agency. Please note that the
application will otherwise lapse under section 31 of the Development Assessment Rules.
PO Box 141 P. (07) 5329 6500 [email protected]
TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qld.gov.au
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Referral Status Referral Agency and Address Referral Trigger
Concurrence SARA at DILGP SARA at DILGP Via Schedule 10, Part 9,
MyDAS2 at https://prod2.dev- Division 4, Subdivision 1,
assess.qld.gov.au/suite/ (for assistance, Table 1 – Protection of
contact DILGP at 5352 9701 or State transport networks
email:[email protected]
5. INFORMATION REQUEST
Council intends to make an information request.
6. OTHER DETAILS
You can follow the progress of this application online at www.noosa.qld.gov.au. The “Online
Services” page can be accessed via "Quick Links" on the left hand side of the screen. Should
you have any further queries in relation to the above, please do not hesitate to contact me on
the number above.
Yours faithfully,
Glen Conforti
Development Planner
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Noosa Council documents
Explanatory Note – Public Notification Procedures
Planning Act 2016 & Development Assessment Rules
INTRODUCTION (a) if both part 2 and part 4 are relevant to the application as a
result of the changed application, the day after part 3 has
The purpose of this Explanatory Note is to provide guidance to ended;
applicants on the public notification requirements under Section
53 of the Planning Act 2016 (the Act) and under the (b) otherwise, the day after the day notice is given under
Development Assessment Rules (the Rules). The Act and the section 26.2(a) or 26.2(c).
Rules, set out the requirements for the giving of public notice. WHAT IS PUBLIC NOTICE
These guidelines quote much of the material contained within The following is extracted from Part 4 of the Rules.
the Act and the Rules.
17. Public notice requirements
If there is doubt about a particular public notification aspect, the
applicant should refer to the Act and the Rules or have the public 17.1. The applicant, or the assessment manager acting under
notice procedures undertaken by a consultant who is familiar section 53(10) of the Act, must give public notice by—
with the public notice requirements. (a) publishing a notice at least once in a newspaper circulating
Whilst every care has been taken in preparation of this generally in the locality of the premises the subject of the
explanatory note, ultimately it is the applicant's responsibility to application; and
ensure that the procedures are correctly followed. Council will (b) placing notice on the premises the subject of the application
not accept any responsibility for incorrect giving of public notice. that must remain on the premises for the period of time up
OVERVIEW OF PUBLIC NOTIFICATION PROCEDURES to and including the stated day; and
(PUBLIC NOTICE) (c) giving notice to the adjoining owners of all lots adjoining the
There are three distinct tasks to be undertaken when carrying premises the subject of the application.
out public notice: 17.2. The applicant must give notice to the assessment
1. Publishing a notice in a local newspaper. manager of the intended start date of public notification.
2. Placing a notice or notices on the premises. 17.3. Schedule 3 prescribes the way in which public notice
must be given.
3. Giving notice to adjoining owners.
17.4. All public notice requirements under section 17.1 and
After the notification period has ended, the applicant must give 17.2 must be undertaken within the period prescribed under
the assessment manager notice of compliance with the public section 16.
notice requirements.
18. Notice of compliance
One key aspect to note is that an application automatically
lapses if public notification does not start within 20 business 18.1. If the applicant gives public notice, it must, within 10
days of the completion of the relevant preceding part. days from the day after the last day on which a submission may
Furthermore, the application also automatically lapses if be made, or a further period agreed between the applicant and
applicant does not give the assessment manager the notice of the assessment manager, give the assessment manager notice
compliance with the public notice requirements within 10 of compliance with the public notice requirements.
business days from the day after the last day on which a PUBLIC NOTIFICATION PERIOD
submission may be made. Section 53 of the Act states the required public notification
WHEN NOTIFICATION PART STARTS period. The following is an extract from Section 53.
Part 4 of the Rules states when the public notification part starts. 53(4) The notice must state that—
The following is an extract from Part 4. (a) a person may make a submission about the application to
16. When this part starts the assessment manager; and
16.1. If there are no referral agencies for the application and (b) any submission must be made by a stated day that is at
part 3 does not apply because: least—
(i) for an application that includes a variation request—30
(a) the applicant has advised that it does not wish to receive an business days after the notice is given; or
information request and it is not an application mentioned in
section 11.3; or (ii) for an application of a type prescribed by regulation—
the period, of more than 15 business days after the
(b) the assessment manager states in the confirmation notice notice is given, prescribed for the application; or
that it does not intend to make an information request; (iii) for any other application—15 business days after the
public notification must start within 20 days of the day after notice is given.
the confirmation notice is given to the applicant.
53(5) However, if the development assessment rules require
16.2. If— the notice to be given in more than 1 way, the period mentioned
(a) the applicant has advised that it does not wish to receive an in subsection (4)(b) starts on the day after the day when the last
information request; and notice is given.
(b) it is not an application mentioned in section 11.3; and Please ensure that all public notices that are published in the
(c) there are referral agencies; newspaper, placed on the land, and given to adjoining land
owners clearly state that:
public notification must start within 20 days after the day
the last referral assessment period for any referral (a) written submissions may be made electronically; and
agency has started. (b) electronic submissions are to be sent to
16.3. If sections 16.1 and 16.2 do not apply, public notification [email protected]
must start within 20 days of the day after part 3 has ended. (c) all submissions, including individual submitter's particulars,
16.4. For a changed application, where public notification is will be published on Council's website (Online Services) and
required to be undertaken again from its beginning, public therefore will be accessible to internet search engines
notification must commence within 20 days—
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