ADAMS+SPARKES MCU Permissible Change Request (David Low Way) 160105 · MCU13/0251

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Proposed Amendment to Development Condition 35
The requirement for a 5 metre wide access easement to the rear parcel of dedicated land is no longer necessary, and it
is requested that Condition 35 is deleted. Please delete Condition 35 which states:

        35. A 5 metre wide easement for access purposes must be registered against the title of the property in favour
        of Council over the land area from the stub road to the park dedication area on the subject site. The easement
        must be granted at no cost to Council.

Permissible Change under Section 367
The proposed changes to the original Development Permit and associated conditions, comply with the definition of a
Permissible Change as defined in Section 367 of the SPA. The Act permits an assessment manager to consider a
change to an approval where the change is a Permissible Change. The definition of Permissible Change is as follows:

          1) A permissible change for a development approval, is a change to the approval that would
             not-
             (a) result in a substantially different development; or
             (b) if the application for the approval were remade including the change-
                  (i) require referral to additional concurrence agencies;
                  (ii) for an approval for assessable development that previously did not require impact
                       assessment; or
             (c) for an approval for assessable development that previously required impact
                  assessment- be likely, in the responsible entity's opinion, to cause a person to make a
                  properly made submission objecting to the proposed change, it the circumstances
                  allowed; or
             (d) cause development to which the approval relates to include prohibited development"

In relation to the above definition, we make the following comments:

       The proposed change to the conditions will not result in a substantially different development to that,
        which was approved;
       The proposed Permissible Change does not result in a significant change to conditions within the
        approval;
       The proposed changes would not require any additional referrals to the State Assessment Referral
        Agency; and,
       The proposed changes do not involve prohibited development.

For these reasons outlined above, it is considered that the proposed changes constitute a Permissible Change to the
approved development. On this basis, it is considered that the request should be dealt with pursuant to provisions
outlined within Sections 369 and 377 of the SPA.

We trust the information provides you with sufficient information in relation to the proposal and we look forward to
receiving a positive decision from Council at your earliest convenience.

Should you have any further questions in relation to this matter, please feel free to contact me direct.

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Yours faithfully,
ADAMS + SPARKES
TOWN PLANNING + DEVELOPMENT




Cameron Adams
MANAGING DIRECTOR

CC:        Sara

Encl:      Attachment I Request to Change an Existing Approval form

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Request to change an existing approval template
(Sustainable Planning Act 2009 version 1.1 effective March 2010)

This template may be used for giving a written notice asking the responsible entity to make a permissible
change to a development approval under section 369 of the Sustainable Planning Act 2009 (SPA). It should
be noted that if the responsible entity for the request has a form for the request, the request must made
using that form.

This template must be lodged with the following entity (the responsible entity) as applicable:
    if the change is to a condition imposed by a Minister under chapter 6, part 11, division 1 of SPA the
     template must be lodged with the Minister that imposed the condition
    if the approval was given by a Minister under chapter 6, part 11, division 2 of SPA the template must
     be lodged with the Minister that gave the approval
    if the change is to a condition of the approval imposed by a concurrence agency the template must be
     lodged with the concurrence agency
    if the approval was given by the Planning and Environment Court the template must be lodged with the
     Planning and Environment Court
    in all other cases the template must be lodged with the assessment manager for the original development
     application.

Attach extra pages if there is insufficient space on this template. Terms used in this template having the
meaning given in the Sustainable Planning Act 2009.

1. Who is making the request?


Name/s (individual or company name in full)                        Thomco (No.2087) Pty Ltd c/ ADAMS + SPARKES

For companies, contact name                                        Cameron Adams

Postal address                                                     PO Box 1000
                                                                   BUDDINA QLD 4575

Contact phone number                                               (07) 5313 7705

Mobile number (non-mandatory)

Fax number (non-mandatory)

e-mail address (non-mandatory)                                     ashleigh
                                                                      astpd.com.au

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2. What are the details of the existing approval sought to be changed?


Type of approval           Identification number Date decision notice      Name of entity that issued the approval
                                                 or negotiated             or imposed the condition sought to be
                                                 decision notice           changed
                                                 issued

 X Development             MCU13/0251            30 May 2014                Noosa Shire Council
       permit
       Preliminary
       approval


3. Is the approval for a mobile and temporary environmentally relevant activity (ERA)?


 X      No
        Yes—complete table A and then go to question 5

Table A—name of each local government area in which the mobile and temporary ERA is proposed to operate/ is operating




4. Location of the premises (complete table B and/or table C as applicable. Identify each lot in a separate row)


Table B—street address/lot for the premises or street address/lot on plan for the land adjoining or adjacent
to the premises
 X      street address/lot on the plan
        street address/lot on plan for the land adjoining or adjacent to the premises (appropriate for development
        in water e.g. jetty, pontoon)

Street address                                            Lot on plan description        Local government
                                                                                         area (e.g. Logan,
Unit      Street     Street name and official   Post-     Lot no.       Plan type        Cairns)
no.       no.        suburb/ locality name      code                    and plan no.


                     David Low Way,
           215       Peregian Beach             4573       77           SP231615         Noosa Shire Council




Request to change existing approval template                                                                      -2-

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Table C—premises coordinates (appropriate for development in remote areas, over part of a lot or in water e.g.
channel dredging in Moreton Bay)

Coordinates                                                   Zone         Datum           Local government
(note: place each set of coordinates in a separate row)       reference                    area (if applicable)

Easting          Northing         Latitude       Longitude


                                                                               GDA94
                                                                               WGS84
                                                                               Other



5. Details of the proposed change


Change to Condition 35 - refer to letter




6. Is owner’s consent required for this request? (refer to notes at the end of this form for more information)


 X No

       Yes—complete either table D or table E as applicable

Table D

Name of owner of the land

I, the above-mentioned owner of the land, consent to the making of this request.

Signature of owner of the land


Date


Table E

Name of owner of the land

       The owner’s written consent is attached




Request to change existing approval template                                                                -3-

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 7. Does the request involve a state resource prescribed under the Sustainable Planning Regulation
 2009, schedule 14? (e.g. the application involves state land, or taking quarry materials. Refer to the notes
 at the end of this form for more information)


  X    No                  Yes—the written agreement of the chief executive from whom evidence would need to
                           be obtained under the Sustainable Planning Act 2009, section 254(1) must be attached.

 8. Has a pre-request response notice been given for this request?


  X    No

       Yes—a copy of the pre-request response notice must be attached to this request

 9. Is a copy of this request required to be given to another entity under section 372 of the Sustainable
 Planning Act 2009? (refer to notes at the end of this form for more information)


       No
  X    Yes—complete Table F

Table F

A copy of this request has been provided to the entities identified below (provide details for each entity given a
copy of the request and the date the copy was given)

      Assessment manager for
      the original application

  x   Concurrence agencies for
                                           Department of Infrastructure, Local Government & Planning
      the original application

      Any other entity prescribed
      by a regulation


 10. Provide details of any other supporting information attached to this request



 Permissible Change Request letter


Notes for completing this template
 This template is not an approved form under the Sustainable Planning Act 2009. The entity responsible for
  deciding the request may have their own form for the purpose of making a written request to change an
  existing development approval. A change to an existing development approval may involve:
  o     a change to an approval given by the assessment manager
  o     a change to a condition imposed by a concurrence agency
  o     a change to an approval given by the Minister under a Ministerial call in
  o     a change to a condition imposed by the Minister under a Ministerial direction
  o     a change to an approval given by the Planning and Environment Court



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Question 6:
 Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner
  of the land to which the approval relates, the request must be accompanied by the owner’s consent.
 However, owner’s consent is not required if the approval:
  o   relates to land that was acquisition land to which section 263(2)(d) of the Sustainable Planning Act
        2009 applied when the application for the approval was made
  o     is for building work or operational work for the supply of community infrastructure on land
        designated for the community infrastructure, or
  o     the consent of the owner would not be required under section 263(1) of the Sustainable Planning
        Act 2009 if a development application were made for the requested change
 Also, owners’ consent is not required if the responsible entity is satisfied that:
  o     the number of owners of the land make it impracticable to obtain owners’ consent, and the requested
        change does not materially affect the owners’ land, or
  o     having regard to the nature of the proposed change, the owner has unreasonably withheld
        consent and the requested change does not materially affect the owner’s land.

Question 7:
 Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development
  approval were made at the time of making this request and evidence under section 264(1) of the Sustainable
  Planning Act 2009 would be required to support the application, this request must be accompanied by the
  written agreement of the chief executive from whom evidence would be required under section 264(1).
  (Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource,
  a regulation may require the application to be supported by certain evidence prescribed under the regulation.
  Schedule 14 of the Sustainable Planning Regulation 2009 prescribes the State resources for which evidence
  is required to be given, and the evidence required, to support the application.)

  Question 9:
 Section 372 of the Sustainable Planning Act 2009 requires that a copy of the request be given to:
  o     the assessment manager for the original application, if the request is made to a concurrence agency, the
        Minister, or the court
  o     any concurrence agencies for the original application, if the request is made to the assessment
        manager for the original application, the Minister or the court
  o     any other entity prescribed by a regulation.
 However, a copy of the request is not required to be given to an entity that has given a pre-request response
  notice for the request.



OFFICE USE ONLY

 Date received                                     Reference numbers




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