10/0627 M2358 Planning Report.pdf [As Published] · 152010.627

M2358
Page 9 of 43
March, 2010


3.0      PROPOSAL

The Applicant seeks a Development Permit for a Reconfiguration of a Lot (one (1) lot into three
(3) lots and principal common property). In accordance with the SPA, the proposal is defined
as follows:-

“Reconfiguring a Lot means—
(a) creating lots by subdividing another lot; or
(b) amalgamating 2 or more lots; or
(c) rearranging the boundaries of a lot by registering a plan of subdivision; or
(d) dividing land into parts by agreement rendering different parts of a lot immediately available
    for separate disposition or separate occupation, other than by an agreement that is—
    (i) a lease for a term, including renewal options, not exceeding 10 years; or
    (ii) an agreement for the exclusive use of part of the common property for a community
          titles scheme under the Body Corporate and Community Management Act 1997; or
    (iii) creating an easement giving access to a lot from a constructed road.‖
(Sustainable Planning Act 2009, S10 Pg51)

In accordance with the above extract, the Applicant seeks approval for creating lots by
subdividing another lot (Amalgamated Lot 77 on SP231615).

3.1      Proposal Details

The Applicant seeks a Development Permit for a Reconfiguration of a Lot (one (1) lot into three
(3) lots and principal common property) on land located at 215-219 David Low Way, Peregian,
and described as Lot 77 on SP231615.

The proposal is to be undertaken in two components.

                Component 1 - Amalgamation of four (4) lots (Lot 8 on P9315, Lot 9 on P9315,
                 Lot 10 on P9315 and Lot 76 on MCH2969) being Amalgamated Lot 77 on
                 SP231615; and

                Component 2 – Reconfiguration of a Lot (one (1) lot into three (3) lots and
                   principal common property)

The amalgamation of the four (4) allotments, being Component 1 of the application, seeks to
consolidate the adjoining land parcels which constitute the site. The amalgamation is being
undertaken in accordance with Condition 32 of a related approval a Material Change of Use
(Visitor Accommodation Type 4 - Conventional, Commercial Business Type 1 - Office, Retail
Business Type 2 - Shop & Salon & Entertainment & Dining Business Type 1 - Food &
Beverages) (Council Reference: DA2007/1259).

Condition 32 of the abovementioned Development Approval states:

 ―All separate, adjoining lots that form part of this application shall be amalgamated into one
 undivided allotment in accordance with Section 3.7.3 of the Integrated Planning Act and the
 Plan of Survey submitted for registration at the Land Titles Office. Proof of title being issued
 for the amalgamated lot shall be submitted to Council prior to the issue of the Development
 Permit for Operational Works‖

In accordance with Schedule 3, Part 1 of the Sustainable Planning Regulation 2009,
Component 1 (Amalgamation of two (2) or more lots) is not deemed to be assessable
development under the Integrated Development Assessment System (―IDAS‖). Rather,
Component 1 is deemed to be subject to the Land Title Act 1994 (―LTA‖), and will be processed
by the applicable administering government body, being the Department of Environment and
Resource Management (―DERM‖), at the time the approved Plans are Registered. This action

                          Please consider the environment before re-printing this Development Application.