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MCU10/2127 Commencement Public Notification 5 Morwong Drive Noosa Heads

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                                                    SCRC CORRESPONDENCE



                                                   I^^N'^^^'IN^YI^Y
22 March 2011
                                                                                        HUMPHREYS
Our Reference: 10BR087.L12.002.Docx                                                     REYNOLDS
Your Reference: MCU 10/2127
                                                                                        PERKINS
                                                                                        planning consultants

The Chief Executive Officer
                                                                                        BRISBANE
Sunshine Coast Regional Council
                                                                                        Level 20
Locked Bag 72                                                                           344 Queen Street

SUNSHINE COAST MAIL CENTRE QLD 4560                                                     Brisbane 4000 Australia
                                                                                        Q 07 3221 8833
                                                                                               07 3221 0278
Attention:     Ms Kerri Coyle                                                           0 [email protected]

By Facsimile: (07) 5475 7272                                                            © www.hrppc.com.au

                   ;41-s 14z4                                                           DIRECTORS
                                                                                        Jeff Humphreys
                                                                                        BRTP(Hons),BA.FPIA
                                                                                        David Perkins
                                                                                        BRTP,MPIA
5  MORWONG DRIVE, NOOSA HEADS - DEVELOPMENT                                             Steve Reynolds
APPLICATION SEEKING A DEVELOPMENT PERMIT FOR A MATERIAL                                 BRTP, M Sc(E nvMgt), MPIA


CHANGE   OF   USE  FOR   MULTIPLE  HOUSING - TYPE 4
                                                                                        ASSOCIATES
CONVENTIONAL AND VISITOR ACCOMMODATION - TYPE 4                                         John Morwood
CONVENTIONAL                                                                            BAS(8E),GDURPMPIA
                                                                                        Leisa Sinclair
                                                                                        BAppSc(Su rv),G DU RP, M PIA, MUDIA
I refer to your telephone conversation with Trent Forrest of this office on             John Van As
                                                                                        BRTP(Hons),MBA,M ocDipBus(REV),MPIA
18 March 2011 regarding the commencement of public notification for the                 Ben Lyons
                                                                                        BB I t E nv (U rb& Reg P1 a n),G DU R P, M P I A
abovementioned development application.
                                                                                        Associated Humphreys
Where there are concurrence agencies and no information requests have                   Reynolds Perkins practices:
been made during the last information request period, the applicant may                 GOLD COAST
start the notification period when the last information request period                         07 5594 1322
                                                                                               07 5594 1366
ends'.
                                                                                        NORTH QUEENSLAND
An application lapses if public notification is not carried out before the end          O 07 4953 2877
of 20 business days after the applicant was entitled to start the                       0 07 4953 2577

notification period2.
                                                                                        O 07 5451 0044
An application that would otherwise have lapsed under section 302(1) of                 0 07 5443 1688
the Sustainable Planning Act 2009 (SPA) can be revived if the applicant
gives the assessment manager written notice that it seeks to revive the
application within 5 business days after the application would otherwise
have lapsed3.

In this instance, the Department of Transport and Main Roads is the only
concurrence agency for the proposed development.           According to its
concurrence agency response dated 3 March 2011, DTMR received the
application material on 2 February 2011. The Department's information
request period therefore expired on 16 February 2011, when DTMR did
not make a request or advise the applicant that it was extending its
information request period.     By our calculations, public notification was
therefore to be carried out on or before 16 March 2011.

As you know the receivers and managers were appointed to the Applicant,
Viridian Noosa Pty Ltd, on 23 February 2011. Due to the appointment of
receivers and managers, and pending instructions that they want to


' Section 296(2) SPA
2 Section 302(1)(a) SPA
' Section 303(1) SPA

                                              Box: ,. L610.^..... R:....   ?.........   Humphreys Reynolds Perkins
                                                                                        Pty Ltd
1/2                                                                                     ABN 93 010 721 294
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continue with the application, public notification has not yet been carried
out.
The receivers and managers of the applicant have now instructed us to
proceed with the development assessment process for the current
development application, including public notification.

Accordingly, this letter constitutes written notice pursuant to Section
302(1) of SPA that the applicant seeks to revive the application.

In accordance with section 303(2) of SPA, the applicant will give public
notice of the application within 10 business days of this notice.

If you have any queries please contact Trent Forrest or myself on (07)
3221 8833.

Yours faithfully,
HUMPHREYS REYNOLDS PERKINS
PLANNING CONSULTANTS




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