OPW15/0169 - Delegated Assessment & Decision Report

DELEGATED ASSESSMENT & DECISION REPORT

from: 	WORKS ASSESSMENT

PRELININARY APPROVAL

Application No:	OPW15/0169	Date:	27 October 2015
	
Project Manager:	M Kadhum - Development Engineer
	

SUMMARY
Applicant:	Pacific BCQ
Consultant (if applicable):	No associations of Consultant are linked to this application
Proposal:	Development Permit for Operational Work - Driveway, Storm Water Drainage, Earthworks and landscaping
Assessment Type:	Code
Property Address:	12 Stevens St SUNSHINE BEACH  QLD  4567
Property Number:	141725
RP Description:	Lot 694 RP 48111
Land Area:	506.0000 Square Metres
Planning Scheme:	The Noosa Plan (16 September 2013)

ASSESSMENT

Higher Order Approval (HOA)
MCU15/0049
Assessment and Compliance with Conditions of HOA
(For Preliminary Approval)
The has not complied with Condition 6 of the higher order approval regarding payment of Performance Bond ($10,000) prior to issuing a Development Permit for Operational Works.  This matter was highlighted to the applicant in Council’s Info Request dated 21 Sept 2015 and by an email on 23 Oct 2015.
In a follow up telephone discussion with the applicant (Ed Morris of Pacific BCQ) who advised that the Performance Bond will be paid to Council by the builder following the receipt of the Preliminary Approval.

RECOMMENDATION

Issue a Preliminary Approval for Application No. OPW15/0169 as identified in the attached details below for the Decision Notice.

DELEGATED AUTHORITY FOR APPLICATION NO. OPW15/0169

PROJECT MANAGER

Signature:	Date: 27 October 2015
	
M Kadhum	
Development Engineer	

ATTACHMENT:

Decision Notice
Sustainable Planning Act 2009

I refer to your application and advise that on 27 October 2015, Council decided to approve the application subject to conditions.

Details of the decision are as follows:
1.	APPLICATION DETAILS

Application No:	OPW15/0169
Street Address:	12 Stevens St SUNSHINE BEACH  QLD  4567
Real Property Description:	Lot 694 RP 48111
Planning Scheme:	The Noosa Plan (16 September 2013)

2.	DECISION DETAILS

The following type of approval has been issued:
Preliminary Approval for Operational Work (Driveway, Stormwater Drainage, Earthworks and Landscaping)

3.	RELEVANT PERIOD OF APPROVAL

The relevant period for this development approval is 2 years starting the day that this development approval takes effect.

4.	ASSESSMENT MANAGER CONDITIONS

Prior to the issue of a Development Permit for Operational Works, payment of the Performance Bond as described in Condition 6 of the higher order Development Permit for Material Change of Use, Council Reference MCU15/0049 dated 11 August 2015, must be made to Council.

5.	REFERRAL AGENCIES

Not Applicable.

6.	REFERENCED DOCUMENTS

Not Applicable.

7.	ADVISORY NOTES

The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
General Advisory Notes
It must be noted that a Preliminary Approval for Operational Works does NOT permit commencement of any works.  Further representation to change the Preliminary Approval to a Development Permit may be made within the appeal period (normally 20 business days unless the appeal period is suspended).  After the appeal period expires, the Preliminary Approval cannot be changed to a Development Permit, and a fresh development application for Operational Works will be required to be made, addressing the requirements of the Preliminary Approval.
A Development Permit for Operational Works has not been issued because payment of the Performance Bond as described in Condition 6 of the higher order Development Permit for Material Change of Use, Council Reference MCU15/0049 dated 11 August 2015, has not been made.  Council may favourably consider changing the Preliminary Approval to a Development Permit via the Negotiated Decision process, if the applicant has made payment of the Performance Bond.

8.	PROPERTY NOTES

Not Applicable.

9.	PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

Not Applicable.

10.	FURTHER DEVELOPMENT PERMITS REQUIRED

Development Permit for Operational Work (Driveway, Stormwater Drainage, Earthworks and Landscaping)

11.	SELF ASSESSABLE CODES

Not Applicable.

12.	SUBMISSIONS

Not Applicable.

13.	REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

Not Applicable.

14.	RIGHTS OF APPEAL

You are entitled to appeal against this decision.  A copy of the relevant appeal provisions from the Sustainable Planning Act 2009 is attached.

During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval.  If Council agrees or agrees in part with the representations, a “negotiated decision notice” will be issued.  Only one “negotiated decision notice” may be given.  Taking this step will defer your appeal period, which will commence again from the start the day after you receive a “negotiated decision notice”.

15.	OTHER DETAILS

If you wish to obtain more information about Council’s decision, electronic copies are available on line at www.noosa.qld.gov.au, or at Council Offices.

Yours faithfully

Monkeith Kadhum
Development Engineer

Enc:	Appeal Rights

cc	Unitywater

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DELEGATED AUTHORITY REPORT

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