Extension to Currency Period Report MCU13/0211.01

Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU13/0211.01 & REC13/0136.01 & OPW15/0185.01
Development Approval	Material Change Of Use - Extension to Currency Period
Applicant	NC Oliver Properties Pty Ltd
Request Received On	7 September 2017
Report Completed Date	3 October 2017

PROPERTY DETAILS
Property Address	126 -132 Gympie Tce Noosaville Qld 4566
RP Description	Lot 9 MCH 3881 Lot 1 MCH 3881, Lot 2 MCH 3881, Lot 3 MCH 3881
Land Area	857.02 m2, 556.16 m2, 541.95 m2, 1039.95m2
Existing Use of Land	Motel and dwelling

STATUTORY DETAILS
SEQRP Designation	Urban
Locality	Noosaville
Zone	Attached Housing
Overlays	Natural Hazard Overlay – Flood and Acid Sulfate Soils
Assessment Type	Extension to Currency Period

PROPOSAL
The application seeks approval for a request to extend the currency period of a 4 x 3 bedroom duplex dwellings over 4 separate lots at 126-132 Gympie Tce Noosaville for a further 2 years.
Due to a number of factors, the owner of the site has not been able to set aside the necessary funds for the construction of the duplexes. The owner therefore requests an extension of time for the MCU, Operational Works and Reconfiguration of a lot for a further 2 years noting:
The Noosa Plan includes the site in the Attached Housing zone which supports the development of a duplex dwellings across the sites;
The current approval was assessed under the 2006 Noosa Plan which is still relevant over the site and local area.

The current development approval was assessed under the current provisions in Noosa Plan and is therefore consistent with the Planning Scheme. There are no new referral agencies. The proposed extension is considered to meet the criteria of the Act and the applicant requests for an extension of the currency period as detailed below:
MCU13/0211: approval lapses 10th February 2018. A further 2 years until 10th February 2020 is requested.
REC13/0136: approval lapses 10th February 2018. A further 2 years until 10th February 2020 is requested.
OPW15/0185: approval lapses 4th December 2017. A further 3 years and 2 months until 10th February 2020 is consistent with the MCU and REC approvals.

background
A number of development approvals have been issued over the site including a development approval for 4 duplex buildings and reconfiguration of the lots approved by Council in 2005. This approval was extended on a number of occasions, however lapsed in 2011. Refer to below table:

Application No.	Decision and Date
2004/4206	On 24 August 2005, Council issued a negotiated decision notice for the development of 4 duplex dwellings on the subject land. The approved plans were nearly identical to that which is submitted for this application.
04/4206.01	On the 11 November 2008, Council issued a change to the existing approval to extend the relevant period until 28 June 2011.
04/4206.02	On the 13 July 2009, Council issued a change to the existing approval amending conditions 1 & 28.
04/4206.03	On the 22 December 2010, Council issued a change to the existing approval to extend the relevant period until 11 June 2013. The approval subsequently lapsed.

The applicant lodged a new application for 4 duplex buildings, reconfiguration of a lot and operational works in 2013 which was subsequently approved by Council on 10th February 2014 under MCU13/0211, REC13/0136 and OPW13/0862. The approval indicated a four year relevant period from 10 February 2014 for the duplexes and reconfiguration and 2 years for the operational works.

A separate application for Operational works was subsequently submitted to Council for Roadworks, Earthworks, Stormwater, Access, Carparking & Landscaping and approved by Council under OPW15/0185. The approval indicates a two year relevant period from 4th December 2015.
assessment
The applicant has requested an extension to the currency period to the development approval under section 86 of the Planning Act 2016.
In accordance with Section 87 of the Planning Act 2016, in assessing an extension application, the assessment manager may:

87(1) When assessing an extension application, the assessment manager may consider any matter that the assessment manager considers relevant, even if the matter was not relevant to assessing the development application.

conclusion
The application was originally code assessable. The extension complies with the requirements of the planning scheme and does not raise any significant issues
There are no infrastructure charges applicable to this extension as advised by the Infrastructure Charges officer.
In conclusion, the application is recommended for approval for a further 2 years with the development not raising any further planning issues. The proposed extension is still consistent with the current requirements and an extension of the relevant period is recommended until 10th February 2020.
RECOMMENDATION
That Council note the report regarding Application No. MCU13/0211.01, REC13/0136.01 and OPW15/0185.01, for a Development Permit for Material Change Of Use - Extension to Currency Period, situated at  126 Gympie Tce Noosaville Qld 4566, described as Lots 1 -3 & 9 MCH 3881, Lot 2 MCH 3881, Lot 3 MCH 3881, and approve the extension to the currency period. The new currency period is 10th February 2020.
A.	Approve the extension to the currency period and:
B.	Amend condition 6 to MCU13/0211.01 to read as follows:
6.	Security in the form of a cash bond or trading bank guarantee to the sum of $30,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to prior to arranging a prestart meeting for Operational Works.  The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.  Council reserves the right to call upon the bond or guaranteed sum to effect compliance with condition.

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EXTENSION TO CURRENCY PERIOD – DELEGATED REPORT