REPS M2915 - Negotiated Decision Representations_200522

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Council’s discretion to issue a development permit, despite a potential conflict with PO9 of the Dual Occupancy and
Multi-Unit Use Code, (assuming the provision is valid). The development:

         Includes 3 small dwellings thus providing diverse housing choices
         Is a mixed use format of a domestic scale
         Provides an office at ground level and parking at the rear
         Retains existing mature vegetation along the site’s frontage (where possible)
         Results in affordable housing for low to moderate income households
         Is not required to provide greater equitable accessible under the mandatory building requirements for Class 2
          sole occupancy units
         Does not preclude the development of more accessible multiple dwellings on other well-located Medium Density
          Residential zoned sites within Peregian Beach. On the contrary, other Medium Density Residential zoned sites are
          not promoted as mixed use sites and are therefore able to provide access for people of varied mobility.

Based on the representations above, we consider that there are appropriate grounds for Council to amend Condition 2.1
and approve the application for a Development Permit. Accordingly, we request that Council upgrade the Preliminary
Approval to Development Permit, and amend the decision notice as follows.

          Council decided to issue the following type of approval:
          • Preliminary Approval Development Permit for Material Change of Use - Multiple dwelling, Office
          • Preliminary Approval Development Permit for Operational Works - Roadwork, Drainage Work, Landscaping,
          Stormwater, Earthworks



3.0 SECTION 3. CURRENCY PERIOD OF APPROVAL

The currency period for this development approval is stated in the conditions below.

Comment
We request and believe that the currency period of the approval should be incorporated into this part of the
development approval only and not in the approval conditions. The stated currency period aligns with the default
currency period under the Planning Act 2017 and is not a sunset clause for a staged development. Accordingly, we
request that Section 3 be amended as follows:

     The currency period for this development approval is stated in the conditions below.
          This development approval for Material Change of Use lapses if the use has not happened by 29 March 2028,
                 unless an application to extend the currency period is approved by Council
                The development approval for Operational works lapses if the development has not substantially started by 29
                 March 2028, unless an application to extend the currency period is approved by Council.




JFP Ref: M2915                                                                                                   Page 9