102995-10_Town Planning Report_4Apr14

2.     APPLICATION HISTORY

The subject site is benefitted by the following development approvals:

2.1    Development Permit – Material Change of Use (Court Order 2379 of 2009)

A development approval, by way of Court Order 2379 of 2009, applies over the site relating to a
currently operational Bunnings warehouse. This Bunnings warehouse is to be contained wholly
within proposed Lot 101 (refer Proposed Subdivision Plan 102995-151 – Appendix B).

2.2    Development Permit – Reconfiguration of a Lot (REC12/0014)

A subdivision approval for 1 Lot into 2 Lots plus Park was granted by Council on 16 March 2012
(Council Ref: 12/0014). A subsequent Extension to the Relevant Period was later approved by
Council on 17 March 2014 (Council Ref: 12/0014.01).

As detailed within the below condition extract, this development permit was obtained in order to
provide for the dedication of parkland as required under Mediation Agreements 2378 and 2379 of
2009 and Condition 7 of the Court Order approval (Ref: 2379 of 2009) described below:

           7. The area identified as proposed lot 300 (park) on Drawing No. 102995-22 Revision A
           prepared by RPS and dated 23 September 2010 shall be dedicated as parkland, at no
           cost to council. The park area shall generally comprise a 10 metre wide strip adjacent a
           5m wide verge area to Eumundi Noosa Road. Proposed Lot 102 on such plan shall
           include a truncation on the northern corner as depicted in the plans attached to the
           mediation agreement dated 12 October 2010.
In addition to the creation of Park Lot 300, the approved subdivision also accommodates the
subdivision of Lot 101 on SP241371, which is physically separated by the Gateway Drive
extension, into two (2) separate allotments (being Lot 101 and Lot 103). A copy of approved
Subdivision Plan 102995-22 (Rev B) is provided for reference within Appendix C.
While Park Lot 300 has now been dedicated (as part of the Lot 101 subdivision), the Plan Sealing
application for approved subdivision REC12/0014 is yet to be fully enacted. As such, Proposed
Subdivision Plan 102995-151 (Appendix B) includes a notation which references approved Lot
102 and REC12/0014.

2.3    Development Permit – Operational Works for Vegetation Clearing (OPW12/0257)

An Operation Works approval for clearing vegetation was granted by Council on 27 March 2013.
Condition 1 of this approval stipulates that (our emphasis added):
           1. Prior to undertaking operational works for the clearing of vegetation in the nominated
           area, the clearing must only commence in association with an approved operational
           works relating to an approved REC or MCU for the nominated area.
This approval relates to the area of existing vegetation within proposed Lot 103. As such, it is
expected that vegetation will be cleared in accordance with the conditions of approval provided
under OPW12/0257 and / or any subsequent conditions package for the proposed development.




PR102995-10: Development Application – Reconfiguration of a lot (1 into 2 lots)               Page 2