Submission for MCU18-0015 by John Ford · MCU18/0015

         environmental interruption to the creek landscape continuum which currently exists. Koalas
         still exist in this area and the habitat will be destroyed should this application gain approval.

         Koalas have been sighted by myself (and others)in this area as recently as the Christmas
         period 2018/19. I see no mention in the application as to what measures are being taken to
         protect this very significant species and its habitat.

         The Noosa Plan presciently makes the case in ‘Community Vision’, Clause 1.4.1 (d)
         Environmental excellence, sustainability and this proposal makes a comprehensive mockery
         of that clear intention. Also, in Clause 1.4.4, council states unequivocally that it has
         ‘commitment to environmental excellence’. Again, it is difficult to agree that this siting of a
         house lot within the creek zone meets that important criterion of the Plan.

         The soil conditions in this area are loose sandy surface. It is difficult to understand how any
         construction in these isolated lots 3 and 4 can be completed without significant damage to
         the surrounding context. It is a very sensitive environment with significant environmental
         value.



2.   Easement and Access


It would appear the development application has proceeded on the erroneous assumption that certain
rights are granted under easements.

             The proposed Lot Reconfiguration Plan PL.02 shows access to lots 3 and 4 over and across
             the Scheme land. There is no internal access from Attunga Heights to these lots.The
             engineer’s report (cl 4, Access) supporting the proposed development states access for lots 3
             and 4 will be taken from the existing Alma Way road construction located within the
             Pepper’s Noosa Resort and Villas development and that existing access easements (and
             rights) exist to facilitate this arrangement.

 It is our understanding that this assumption is incorrect.
We draw Council’s attention to the terms of easement as set out in the registered easements in favour of
Lot 27 on RP 87506:

Easement L
Clause 11 states:

The benefit and effect of this easement is agreed to be postponed, and the Grantee agrees that it shall
have no right to exercise any of the rights referred to in this easement, until a development approval is
granted, and the development is completed, for the Dominant Tenement.

For the purposes of this clause and this easement the following words have the following meanings:

        "development approval" means such an approval or approvals including a ministerial approval
         and conditions of approval by the Sunshine Coast Regional Council in final format enabling the
         Grantee to immediately and lawfully proceed with construction of improvements as approved,
         including in accordance with conditions of approval on the Dominant Tenement;