right to information application 78/11 · your ref: kc:mv:03398la/27071tr our ref: tpa23661 &...

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02-JUN-05 14:42 FROM:COVEY&ASSDCIATES P/L 0754437577 T0:51 7 3235 4553

... ~ COVEY & ASSOCIATES PTY LTD

cons\lltlng Civil, Structmal, Hydraulic, Environmental ll< l'll'e Engineers

Project Management & Planning

FACSIMILE TRANSMISSION

DATE: 2 June 2006 PROJECT NO: 03398-LA NO. PAGES: 1

,,

YOUR REF: TPA23661 &'MC05.4808 REF: KC:MCW:39287Fax

ATTENTION; David Rowland/John Abbott CC:

COMPANY:

FAX NO:

FROM:

Office of Urban Management

3235 4563

Kevin Covey

COMPANY:

FAX NO:

PAGE:01

i 24 OIJPORTI-1 AVENUE P.O. BOX 16 MAROOCHYDORE OCO 4558 AUSTRAUA

PHONE (07) $4.43 7777 fA'f. (07) 5443 7577 e-mail: ~ngir\[email protected].«ll Website: www,covey,com.¥1.1

ABN61100914037

DIRECTOR: Kt.'"VIN COVEY M .. .,.,..:.o.wr.:""u. ~r~o...a~ P~.,~

A$SOCIAT£! CHRISTOPHER CAMP ~-..n~~!l.""~""" ..... ~l .. ,

OFFICE ATI TAMWORTH NSW PHON!:: (02) 6766 '1944

r=----,------,----~:-:------:----::-c-:-:--,------:--:------:--,----;---::---.. ··--· .,--,-.,.:---.,------,-----;:-:---:-,---,,..,--::---:-::---:-, The contents of this facsimile is intended solely for the named recipients only and may contain confidential or legally privileged

· information. Please be advised ihat if you are not. the recipient, you are het'eby notified that any disclosure, ·copying or distribution of the Information is strictly prohibited. If you have received this facsimile in error, please notify us Immediately and destroy the original' message. If you do not receive at/ of the pages, or if you have difficulty with the transmission, please call

(07) 5443 7.777. . .... - ... ·-···---·-----------------'

0 URGENT. 0 For Your Review (J Reply ASAP· 0 Requires Response

Re: Exemption for Land- Lot 800 SP1·18715 At: Adjacent to Springfield Avenue, Coolum For:

· With reference to ihe above and further to your grarit of exemption dated 2 December 2005 .and received.on 5 December 2005 and your subseq.uent response dated 1 December 2006 to our correspondence of 8 May 2006 we confirm our discussion with your David Rowland that the Office or Urban Management will accept an application to Council made on 2 June 2006 given the circumstances that yOI,lr most recent advice was only received on 1 June 2006 and the original exemption was not received until 5 December 2005, we thank you ·for your cooperation .in this instance.

Trusting the above is to your satisfaction, and should further information be required please contact this officec

Regards

KEVIN COVEY

/

ABN: 61109 914 037

Worlting Hmder ror Yc

RTI Document No.49

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Fax ~ Queensland Government ~~Department of the Premier and Cabinet

To Covey and Associates (Kevin) Fax 5443 7577 Subject Lot 800 on SP118715 Reference KC:MV:03398/LA27071tr From John Abbott Telephone 323 75452 Fax 323 54563 E-mail Insert Author e-mail Date 1 June 2003 Pages 2

As discussed, attached letter for Mr. Kevin Covey

Important notice about confidentiality: This facsimile is intended only for the addressee and may contain confidential information. You are notified that any transmission, distribution or photocopying of this facsimile is prohibited. The confidentiality attached.to this facsimile is not waived, lost or destroyed by reasons of a mistaken delivery to you. If you have received this facsimile in error please notify us immediately by telephone.

City East Brisbane

RTI Document No.50

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Your Ref: KC:MV:03398LA/27071tr Our Ref: TPA23661 & MC05.4808 Enquiries: David Rowland Extension: 3237 1789 E~mail address: [email protected]

1 June 2006

Mr Kevin Covey Director Covey & Associates Pty Ltd PO Box 16 MAROOCHYDORE QLD 4558

Dear Mr Covey

Queensland Government


The Coordinator-General

REQUEST FOR EXTENSION OF TIME FOR LODGEMENT OF A SUBDIVISION APPLICATION WITH EXEMPTION FOR LAND ADJACENT TO SPRINGFIELD A VENUE, COOLUM

Thank you for your letter of 8 May 2006 seeking an extension to the period within which to lodge an application with exemption from the provisions of Division 3 of the South East Queensland Regional Plan 2005-2026, (the SEQ Regional Plan). Your request related to the proposed lodgement of a subdivision application for land adjacent to Springfield Avenue, Coolum described as part of Lot 800 on SP118715.

The regulatory provisions of the SEQ Regional Plan specifY that the application must be properly made within six months of the date of the exemption being given (in this case 2 December 2005). No mechanism is available within the SEQ Regional Plan to extend this period.

If you have any queries regarding this matter, please contact Mr David Rowland of the Office of Urban Management on telephone number 3237 1789 or by e-mail.

Yours sincerely

John Abbott A/Director - Planning Office of Urban Management Level4

61 Mary Street Brisbane

PO Box 15009 City East Queensland 4002 Australia

Freecallt8oo 021818 Telephone +61 7 3247 5446 Facsimile +6t 7 3235 4563

N:\Statutory Planning\Development Assessment Pancl\Excmption Requcsts\Lot 800 SP 118715 adj Springfiee:Jn.M~f;iQulf~~.-gov.au extension to exemption letter.doc Website www.oum.qld.gov.au

ABN 25 166 523 889

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------· 124 DUPORTH AVENUE ,'

~~ COVEY

P.O. BOX 16 MAROOCHYDORE QLD 4558 AUSffiAUA

PHONE (07) 5443 7777 FAX (07) 5443 7577

E-mail: [email protected] Website: www.covey.com.au & ASSOCIATES PTY LTD

Consulting Civil, Structural, Hydraulic, Envirorunental & Fire Engineers

Project Management & Planning

8 May 2006

Ref: KC:MV:03398LA 27071 Ltr

Office of Urban Management PO Box 15009 CITY EAST OLD 4002

Attention: Your Ref:

Dear Sir

Re: At: For:

Executive Director: Mr Lindsay Enright MC 05.488

Development of Touch Football Fields Springfield Avenue, Coolum Beach Sundale Garden Village Inc

ABN 61 109 914 037

DIRECTOR: KEVIN COVEY 8E"''J CPET-g UEA.Jd RP£0 MSPE PM~ HXA

AsSOCIAlE: CHRISTOPHER CAMP

OFFICE AT:

BE.-qr~l RP£0 1.1 £A.,..R MJC.[(\R(j

TAMWORTH NSW PHONE (02) 6766 1944

With reference to the abovementioned project, you would be aware that approval was granted by your Department for an exemption under the Regulatory provisions of the South East Queensland Regional Plan (copy attached dated 2nd December 2005). Since the granting of the exemption, we have been in negotiation with the Department of Natural Resources regarding the development and valuations for the land which is still ongoing and accordingly we request a further extension of 12 months to enable finalisation of the negotiations and lodgement of the application with Council.

We also understand that Mr Doug Courtney of Department of Natural Resources has also made a submission to your Department as Submission No. 0093 (copy attached).

We now await your early response to the above.

Trusting the above is to your satisfaction, and sl contact this office.

Yours faithfully COVEY & ASSOCIATES PTY LTD

KEVIN COVEY

Encl

-----

Working Harder For You. RTI Document No.52

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·-~ .. Queensh:md Government ··-·

100/TOO lEJ

For reply please quote: AM3tJ!OUM

7 April2006

Mr/Ms DJ Courtne:~ Senior Land Officer Land & Vegetation Services Depart Natural Rese>urses, Mines & Water PO Box 573 Nambour QLD 4560

Dear.Mr/Ms Courtney


Thank you for your feedback in relation to the South East Queensland Regional Plan Draft Amendment 1 on Behalf of Sundale Garden Village (SGV). The Office of Urban Management has registered your feedback as a fonnal submission on Draft Amendment 1. It has been registered as Submission Number 0093.

As required by section 2.5A.l5(1)(a) of the Integrated Planning Act1997, the Office of Urban Managemen: will consider each submission when preparing the final Amendment for consideration by th•o Minister responsible for regional planning in the South East Queensland Region, the Honom-able Peter Beattie MP, Premier of Queensland.

The t]nal version o:' Amendment 1 is likely to be released in July/August 2006, accompanied by a detailed Consdtation Report.

Thank you again fm your interest in Draft Amendment 1. If you require any additional infonmtion, please contact the Office of Urban Management on 1800 021 818 (freecall).

Yours sincerely

Lindsay Enright A/Executive Director Office of Urban M:anagernent

LevelL, 61 Mary Street Srisb2ne


Fr-eecaU 1800 021 t"hS Telephone ·Hi1 7 3247 5l!fJ.6 racsfmlte +61 7 3235 4563 1:mait [email protected] WebsitE 'NW\V.oum.q\d.gov.au

ABN 25 166 5.23 889

096619v9 L 19 XYd 61'L1 9006 90/~0 RTI Document No.53

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MC05.4808

- 2 DEC 2005

Mr Mick Sheppard Senior Town Planner Dillon Folker Stephens Town Planners PO Box 605 MAROOCHYDORE QLD 4558

Dear Mick

Queensland Government Premier of Queensland and Treasurer

I refer to your letter of 29 September 2005 to the Office of Urban Management seeking a Ministerial exemption under the Regulatory Provisions of the South East Queensland Regional Plan 2005-2026 (the SEQ Regional Plan). Your request related to the proposed lodgement of a subdivision application for land adjacent to Springfield Avenue, Coolum described as pmi of Lot 800 on SP118715.

As the Minister responsible for regional planning in the South East Queensland Region, I have considered your request and have granted an exemption under Division 3, Section 5 (3) (f) of the Regulatory Provisions of the SEQ Regional Plan.

This exemption is for the purpose of enabling an application for subdivision (Reconfiguration of a Lot) to be lodged with the relevant local authority. The application must be properly made within six months of the date of this letter. The exemption does not relate to or purport to provide an approval for the proposed subdivision.

Please note that all development applications, including subdivision applications, must be properly made and assessed under the Integrated Planning Act 1997. The application and assessment requirements for your speciiic application should be discussed with the Maroochy Shire Council. Where an application involves a Material Change of Use for an urban activity or rural residential purposes outside the Urban Footprint, the application may trigger impact assessment and referral under Division 2 of the Regulatory Provis.ions.

Please note that the exemption granted under;Division 3 of the Regulatory Provisions does not exempt an application from assessment under Division 2.

If you have any queries regarding this matter, please contact Mr John Rush of the Office of Urban Management on telephone number 3235 4560.

Yours sincerely

..--:;; ~---=··'

PETER BEATTIE MP PREMIER AND TREASURER

---~';;, Executive Building too G!?orge Street Brisbane

PO Box 15185 City Eust Queensland 4002 Australia

Telephone +61 7 3224 4500 Facsimile +61 7 32213631 Email [email protected] Website www.thepremier.qld.gov.au

RTI Document No.54

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Our Ref: TPA23661 Contact: David Rowland Telephone 3237 1789 Facsimile: 3235 4563 Email: [email protected]

29 January 2006

Mr JKnaggs Chief Executive Officer Maroochy Shire Council PO Box 76 NAMBOUR QLD 4560

Dear Mr Knaggs

Queensland Government


Department of Local Government, Planning, Sport and Recreation

I refer to a request for a Ministerial exemption under the Regulatory Provisions of the SEQ Regional Plan for a proposed subdivision application for land at Adjacent to Springfield Avenue, Coolum described as part of Lot 800 on SP118715.

The Premier, as the Regional Planning Minister for South East Queensland, has considered the request and granted an exemption under Division 3, Section 5 (3) (f) of the Regulatory Provisions on 2 December 2005. A copy of the Premier's advice is attached.

The exemption enables a subdivision application to be lodged with respect to the identified land without triggering Division 3 of the Regulatory Provisions. The subdivision proposal should be generally in accordance with the subdivision layout as submitted in support of the request.

In accordance with the Regulatory Provisions, the application must be properly made to the Council within six months of the exemption being granted.

The exemption does not provide an approval for the proposed subdivision, nor does it exempt a material change of use application from Division 2 of the regulatory provisions of the SEQ Regional Plan.

If you have any queries regarding this matter, please contact Mr David Rowland of the Office of Urban Management on telephone number 3237 1789.

Yours sincerely

Lindsay Enright Acting Executive Director Office of Urban Management

Level 4 61 Mary Street Brisbane


Telephone +61 7 3247 5446 Facsimile +61 7 3235 4563 Website www.oum.qld.gov.au

ABN 61 331 950 314

RTI Document No.55

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MC05.4808

- Z DEC 2005


Dear Mick

Queensland Government Premier of Queensland and Treasurer

I refer to your letter of 29 September 2005 to the Office of Urban Management seeking a Ministerial exemption under the Regulatory Provisions of the South East Queensland Regional Plan 2005-2026 (the SEQ Regional Plan). Your request related to the proposed lodgement of a subdivision application for land adjacent to Springfield Avenue, Coolum described as part of Lot 800 on SP118715.

As the Minister responsible for regional planning in the South East Queensland Region, I have considered your request and have granted an exemption under Division 3, Section 5 (3) (f) of the Regulatory Provisions of the SEQ Regional Plan.


Please note that all development applications, including subdivision applications, must be properly made and assessed under the Integrated Planning Act 1997. The application and assessment requirements for your specific application should be discussed with the Maroochy Shire Council. Where an application involves a Material Change of Use for an urban activity or rural residential purposes outside the Urban Footprint, the application may trigger impact assessment and referral under Division 2 of the Regulatory Provisions.

Please note that the exemption granted under Division 3 of the Regulatory Provisions does not exempt an application from assessment under Division 2.


Yours sincerely


Executive Building too George Street Brisbane


Telephone +617 3224 4500 Facsimile +617 32213631 Email [email protected] Website www.thepremier.qld.gov.au

RTI Document No.56

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Premier's briefing note Office of Urban Management

I Tracking No. MC05.4808

Title: Exemption Request- SEQ Regional Plan Date: 16 November 2005

I. Recommendation • That an exemption BE GRANTED under Division 3, Section 5 (3) (f) of the Regulatory

Provisions of the SEQ Regional Plan with respect to the lodgement of an application to subdivide land adjacent to Springfield Avenue, Coolum described as part of Lot 800 on SP118715.

• That the attached exemption letter be signed and forwarded to the applicant.

2. Issues • Under the Regulatory Provisions of the SEQ Regional Plan, the regional planning Minister

may grant an exemption where it can be demonstrated that an application to subdivide land outside the Urban Footprint was in an advanced stage of readiness for lodging with the local government as at 27 October 2004. The exemption applies where an application for subdivision is otherwise prohibited.

• The applicant has provided sufficient evidence to meet the criteria at Schedule 4 of the SEQ Regional Plan. See Attachment A.

• Once the exemption is granted, the applicant is able to lodge an application to subdivide the land with the local government. The application can then be processed by the assessment manager (normally the relevant local government) under the procedures set out in the Integrated Planning Act I 997 (IP A).

3. Background • The purpose of the exemption provisions is to allow genuine subdivision applications that

were in an advanced stage of readiness as at the release of the draft SEQ Regional Plan (27 October 2004) to be lodged with the relevant local government.

• The exemption is made under Division 3 of the Regulatory Provisions and only allows a subdivision application to be lodged. It does not approve the application or otherwise remove the need for the application to be considered under the IP A. It does not exempt an application from assessment under Division 2.

4. Consultation • Lindsay Enright, Acting Executive Director, Office of Urban Management.

~-PE~R~~TESS Acting Director-General DLGPSR

lt1it,-· Ross Rolfl Director- eneral Coordinator-General

Action Officer: John Rush Area: OUM Telephone: 3235 4560

EXEMPTION GRANTED


Director: ED: Ain Kuru Lindsay Enright

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ATTACHMENT A

ASSESSMENT AGAINST SCHEDULE 4

Site: Adjacent to Springfield Avenue, Coolum described as Lot 800 on SP118715

(a) lodgement date

The request for exemption was lodged before (the end of) 30 September 2005.

(b) advanced stage of readiness as at 27 October 2004

The information accompanying the request provides sufficient evidence that a subdivision application was in an advanced stage of readiness for lodging with the local government as at 27 October 2004.

(c) evidence of advanced stage ofreadiness

The information accompanying the request documents the following events. -

• 2002 -lease negotiations for a land swap commenced between the owners (Department of .Natural Resources and Mines-DNRM) and managers (Coolum-Peregian RSL) of the subject land and the adjacent retirement village

• May 2003 - draft Deed of Agreement prepared • II December 2003- advice from applicants to DNRM re land swap proposal • 13 January 2004- request from applicants to DNRM for a meeting to further discuss proposal • 3 June 2004- pre-lodgement meeting held with Maroochy Shire Council • 7 June 2004- Council provides initial advice re proposal • 16 July 2004- detail survey of subject land completed • July 2004- Preliminary Layout Plan completed • September 2004- preliminary Landscape Concept Plan completed • September 2004 - Revegetation Management Plan completed • 3 September 2004- draft planning report in preparation • 20-27 September 2004- borehole soil sampling and groundwater testing on site • 14 October 2004- soil samples analysed • 15 November 2004 - Geotechnical and Acid Sulphate Soil Investigation Report completed

(i) site analysis reports; (ii) detailed planning reports; and (iii) detailed plan of survey

A number of site analysis, planning and site assessment reports were completed or substantially progressed prior to 27 October 2004. A detail survey and a preliminary layout plan were completed in July 2004.

(iv) formal correspondence with the local government

A number of meetings were held between 2002 and 2004 between the DNRM, Maroochy Shire Council, the applicants and other parties. A pre-lodgement meeting was held with Council on 3 June 2004.

(v) infrastructure agreements

Not applicable.

RTI Document No.58

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Premier's briefing note Office of Urban Management

I Tracking No. MC05.4808

Title: Exemption Request- SEQ Regional Plan Date: 10 November 2005

1. Recommendation • That an exemption BE GRANTED under Division 3, Section 5 (3) (f) of the Regulatory

Provisions of the SEQ Regional Plan with respect to the lodgement of an application to subdivide land adjacent to Springfield Avenue, Coelum described as part of Lot 800 on SP118715.

• That the attached exemption letter be signed and forwarded to the applicant.

2. Issues • Under the Regulatory Provisions of the SEQ Regional Plan, the regional planning Minister

may grant an exemption where it can be demonstrated that an application to subdivide land outside the Urban Footprint was in an advanced stage of readiness for lodging with the local government as at 27 October 2004. The exemption applies where an application for subdivision is otherwise prohibited.

• The applicant has provided sufficient evidence to meet the criteria at Schedule 4 of the SEQ Regional Plan. See Attachment A.

• Once the exemption is granted, the applicant is able to lodge an application to subdivide the land with the local government. The application can then be processed by the assessment manager (normally the relevant local government) under the procedures set out in the Integrated Planning Act 1997 (IP A).

3. Background • The purpose of the exemption provisions is to allow genuine subdivision applications that

were in an advanced stage of readiness as at the release of the draft SEQ Regional Plan (27 October 2004) to be lodged with the relevant local government.

• The exemption is made under Division 3 of the Regulatory Provisions and only allows a subdivision application to be lodged. It does not approve the application or otherwise remove the need for the application to be considered under the IP A. It does not exempt an application from assessment under Division 2.

4. Consultation • Lindsay Enright, Acting Executive Director, Office ofUrban Management.

PETER BETTESS Acting Director-General DLGPSR

Ross Rolfe Director-General Coordinator-General

Action Officer: John Rush Area: OUM Te lephone : 3235 4560

EXEMPTION GRANTED


Director: AIDES: Ain Kuru Rowan H indley

RTI Document No.59

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ATTACHMENT A

ASSESSMENT AGAINST SCHEDULE 4

Site: Adjacent to Springfield Avenue, Coolum described as Lot 800 on SP118715

(a) lodgement date



The information accompanying the request provides sufficient evidence that a subdivision application was in an advanced stage of readiness for lodging with the local government as at 27 October 2004.

(c) evidence of advanced stage of readiness


• 2002 -lease negotiations for a land swap commenced between the owners (Depatiment of Natural Resources and Mines-DNRM) and managers (Coolum-Peregian RSL) of the subject land and the adjacent retirement village

• May 2003 - draft Deed of Agreement prepared • 11 December 2003 -advice from applicants to DNRM re land swap proposal • 13 January 2004- request from applicants to DNRM for a meeting to further discuss proposal • 3 June 2004- pre-lodgement meeting held with Maroochy Shire Council • 7 June 2004 - Council provides initial advice re proposal • 16 July 2004- detail survey of subject land completed • July 2004- Preliminary Layout Plan completed • September 2004 -preliminary Landscape Concept Plan completed • September 2004 - Revegetation Management Plan completed • 3 September 2004- draft planning report in preparation • 20-27 September 2004- borehole soil sampling and groundwater testing on site • 14 October 2004- soil samples analysed • 15 November 2004 - Geotechnical and Acid Sulphate Soil Investigation Report completed






Not applicable.

RTI Document No.60

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MC05.4808


DearMick

I refer to your letter of 29 September 2005 to the Office of Urban Management seeking a Ministerial exemption under the Regulatory Provisions of the South East Queensland Regional Plan 2005-2026 (the SEQ Regional Plan). Your request related to the proposed lodgement of a subdivision application for land adjacent to Springfield Avenue, Coolum described as part ofLot 800 on SP118715.

As the Minister responsible for regional planning in the South East Queensland Region, I have considered your request and have granted an exemption under Division 3, Section 5 (3) (f) of the Regulatory Provisions ofthe SEQ Regional Plan.


Please note that all development applications, including subdivision applications, must be properly made and assessed under the Integrated Planning Act 1997. The application and assessment requirements for your specific application should be discussed with the Maroochy Shire Council. Where an application involves a Material Change of Use for an urban activity or rural residential purposes outside the Urban Footprint, the application may trigger impact assessment and referral under Division 2 of the Regulatory Provisions.

Please note that the exemption granted under Division 3 of the Regulatory Provisions does not exempt an application from assessment under Division 2.


Yours sincerely


RTI Document No.61

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Memorandum

To: AinKuru

Queensland Government Office of Urban Management


A/Director Strategic Planning and Open Space Subject:

From:

Date:

Request for Ministerial Exemption under Division 3 of the Regulatory Provisions of the SEQ Regional Plan- for land at:

Adjacent to Springfield Avenue, Coolum described as Lot 800 on SP118715 John Rush

Senior Landscape Planner 31 October 2005

1. BACKGROUND

A request was received on 30 September 2005 for a Ministerial exemption under the Regulatory Provisions of the SEQ Regional Plan [Section 5 (3) (f)] for the lodgement of a development application to subdivide land in the RLRP Area at the above address.

The proposal is to subdivide the subject land into 2 lots of approx. 15 ha. A material change of use approval would first be required. See file for details.

2. ASSESSMENT AGAINST SCHEDULE 4

Requests for a Ministerial exemption under [5 (3) (f)] are to be considered using the criteria provided at Schedule 4 of the Regulatory Provisions. Assessment against these criteria follows. The assessment addresses the subdivision component of the request only.

(a) lodgement date



The information accompanying the request provides sufficient evidence that a subdivision application was in an advanced stage of readiness for lodging with the local government as at 27 October 2004. See further details below.

RTI Document No.62

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(c) evidence of advanced stage of readiness


• 2002 -lease negotiations for a land swap commenced between the owners (Department of Natural Resources and Mines-DNRM) and managers (CoolumPeregian RSL) of the subject land and the adjacent retirement village

• May 2003 -draft Deed of Agreement prepared • 11 December 2003 - advice from applicants to DNRM re land swap proposal • 13 January 2004 - request from applicants to DNRM for a meeting to further discuss

proposal • 3 June 2004- pre-lodgement meeting held with Maroochy Shire Council • 7 June 2004- Council provides initial advice re proposal • 16 July 2004- detail survey of subject land completed • July 2004- Preliminary Layout Plan completed • September 2004 - preliminary Landscape Concept Plan completed • September 2004 - Revegetation Management Plan completed • 3 September 2004- draft planning report in preparation • 20-27 September 2004- borehole soil sampling and groundwater testing on site • 14 October 2004- soil samples analysed • 15 November 2004 - Geotechnical and Acid Sulphate Soil Investigation Report

completed






Not applicable.

3. CONSULTATION WITH LOCAL GOVERNMENT

Not necessary in this instance.

more

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4. CONCLUSIONS

It is considered the request for exemption meets the criteria in Schedule 4 and provides evidence sufficient to demonstrate that a subdivision application was, on 27 October 2004, in an advanced stage of readiness for lodging with the local government.

5. RECOMMENDATION

It is recommended that the request for Ministerial exemption under Division 3, 5 (3) (f) of the Regulatory Provisions ofthe SEQ Regional Plan, as described above and in the attached documents, be submitted to the Minister for approval.

John Rush Senior Landsc

Acting Director

\ ·" · 0)

APPROVED

Date: 'L. . ll , o"?

RTI Document No.64

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Our Ref: 04104/5901ms.ms

29 September 2005

The Regional Planning Minister Office for Urban Management PO Box 15031

IIIII !liE DILLON I FOLKER I STEPHENS

TOWN PLANNERS

CITY EAST BRISBANE QLD 4002

Dear Sir

REQUEST FOR EXEMPTION TO EXCLUDE PART OF LOT 800 SP 118715 ADJACENT TO SPRINGFIELD AVENUE, COOLUM FROM DIVISION 3 OF THE SOUTH EAST QUEENSLAND REGIONAL PLAN REGULATORY PROVISIONS

We have been engaged by Sundale Retirement Villages Inc. to prepare this request to exempt part of Lot 800 on SP 128715 from the requirements of Division 3 of the South East Queensland Regional Plan Regulatory Provisions. This exemption request is submitted under Section 5(3) (f) of Division 3 which states that the provisions relating to prohibited subdivisions within the Regional Landscape and Rural Production Area do not apply if the subdivision "is carried out under an exemption given by the Minister and an approval of a development application that is properly made within 6 months of the exemption being given".

INTRODUCTION

Sundale Retirement Villages Inc. are currently in negotiations with Coelum Peregian RSL and the Department of Natural Resources & Mines to lease part of Lot 800 SP118715 to extend an existing Sundale retirement village located on Lot 1 on SP 152367 which adjoins the subject site. Refer to FIGURE 1, 2 and 3 in ATTACHMENT A.

As FIGURES 1 & 3 illustrate the subject site is divided in two sections by Stumers Creek. This request relates specifically to the portion of the Lot on the west of Stumers Creek. This area is defined by Stumers Creek to the north and east, the established residential area of Coolum Beach North to the south and the Sundale Retirement Village to the west. At present the whole Lot is used for sport and recreation with the subject area accommodating four (4) touch football fields. These touch football fields would be relocated to the Lot 2 on SP114925, to the east of Stumers Creek and work has already commenced on building the replacement fields.

In the Draft SEQ Regional Plan the site was identified within the Regional Landscape & Rural Production Area. A submission was lodged on behalf of Sundale Retirement Villages Inc, which sought to have the subject site included in the Urban Footprint. A copy of the submission is included in ATTACHMENT B. This submission was supported by Maroochy Shire Council (refer ATTACHMENT C) but in the final version of the SEQ Regional Plan, the whole of Lot 800 on SP 118715 remains designated as Regional Landscape & Rural Production Area. As a result, any residential development on the Lot is subject to the Regulatory Provisions in Division 3. Subsection 5 (2) of th is Division prohibits subdivision in the Regional Landscape & Rural Production Are~

4- 2 ?.

GARY DILLON B.Sc Eng. Ce11 TP(Qid) MRAPI

PETER FOLKER GDURP BAppSc(BitEnv)MRAPI

KARl STEPHENS MURP BA MRAPI

Level I, 4 First Ave nue. Maroochydore - PO Box 605 , Maroochydore, QLD, Australia 4558

Tel. 07 5443 5566 Fax. 07 5443 9977 Email. [email protected]

PCN 09S 88< ll9 ABN l2 09S 88i 1l9

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" the resulting lot would have a lot size less than:

a) if the planning scheme states a minimum lot size greater than 100 hectares - the lot size stated in the planning scheme; or

b) to the extent the premises are located in a rural precinct- the minimum lot size stated in the planning scheme for the precinct; or

c) in any other case - 100 hectares.

As the circumstances outlined in sub clauses (b) & (c) do not apply to the subject site, the 100 hectare minimum lot size set out in clause (c) would apply and, as the total area of the whole of Lot 800 on SP118715 is only 15.87 hectares, any further subdivision would be prohibited.

JUSTIFICATION FOR EXEMPTION

As mentioned above clause 5(3)(f) of Division 3 provides scope for the Minister to grant exemptions to the subdivisions prohibited by subsection 5(2). Schedule 4 of the Regulatory provisions explains how the Minister will consider requests for exemptions and states that:

" The Minster may exempt development from Division 3 if-

a) a request for exemption is lodged before the 30 September 2005; and

b) the Minister is satisfied that a development application was, on 27 October 2004, in an advanced state of readiness for lodging with the local government; and

c) evidence of the advanced stage of readiness for lodging the application is provided, including for example, the fol/o~ing-

i) site analysis reports prepared by an appropriate professional regarding development constraints such as biodiversity, flooding or bushfire hazard;

ii) detailed planning reports; iii) detailed plan of survey; iv) formal correspondence with the local government about the application;

including pre-lodgement discussions; and v) infrastructure agreements

These items are discussed below.

DATE OF EXEMPTION REQUEST This request has been prepared and lodged prior to the 30 September and has therefore been submitted within the prescribed timeframes.

EVIDENCE OF ADVANCED STATE OF PROPOSED APPLICATION Copies of relevant correspondence and reports are included with subsequent attachments. For ease of reference the supporting information has been divided into three (3) sections relating to lease negotiations, the preparation of the proposed development application and the relocation of the touch football fields.

29 SEPTEMBER 2005 OFFICE OF URBAN MANAGEMENT- SUN DALE RETIREMENT VILLAGES INC PAGE 2

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a) Lease Negotiations Negotiations between the relevant parties Sundale Retirement Villages Inc, Coolum Peregian RSL Sub Branch Inc. and the Department of Natural Resources & Mines have been on going since 2002. These negotiations relate to the relocation of the touch football fields from their current location on Lot 800 on SP 118715 to Lot 2 on SP114925 on the eastern side of Stumers Creek. Details of the negotiations are provided in the draft Deed of Agreement included in ATTACHMENT D together with examples of the correspondence that has taken place between the two parties prior to 27 October 2004. This correspondence comprises the following:

letter dated 13 September 2002 from Coolum Peregian RSL Sub Branch Inc to Me Alister & Cartmill , legal representatives for Sundale Retirements Villages Inc;

letter dated 22 April 2003 from Coolum Peregian RSL Sub Branch Inc to Sundale Retirements Villages Inc;

Copy of Draft Deed of Agreement prepared May 2003;

letter dated 11 December 2003 to Mr J Parnis, Department of Natural Resources & Mines from Sundale Retirements Villages Inc; and

letter dated 13 January 2004 to Mr J Parnis, Department of Natural Resources & Mines from Sundale Retirements Villages Inc.

This correspondence provides only a brief summary of the negotiations that have taken place between the relevant parties, but demonstrates that there has been a long standing commitment to the development application between all relevant parties. However, if further evidence is required this can be provided on request.

In addition to the above, it should be noted that there have been a number of meetings chaired by Tom Crothers, Regional Services Director at the Department of Natural Resources & Mines for South East Queensland to discuss this proposal which have also been attended by representatives from Maroochy Shire Council, Sundale and Covey & Associates. The timing, purpose and outcome of these meetings could be confirmed with Tom Crothers if necessary.

b) Preparation of the Development Application A significant amount of preparation for the development application work had also been undertaken on behalf of Sundale Retirement Villages Inc prior to the 27 October 2004. The key tasks completed by this date are set out below:

29 SEPTEMBER 2005

pre-lodgement meeting with Maroochy Shire 7 June 2004. Meeting minutes are provided in ATTACHMENT E;

completion of detailed site survey 16 July 2004. A copy of the survey plan is included in ATTACHMENT F together with the covering letter from the surveyors Murray & Associates ;

preparation of a proposed layout plan by Covey & Associates dated July 2004. Refer ATTACHMENT G;

preparation of a Landscape Concept Plan by Land Graphics dated September 2004. Refer ATTACHMENT H;

OFFICE OF U RBAN MANAGEMENT- SUNDALE RETIREMENT VILLAGES INC PAGE 3

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preparation of a Vegetation Management Plan prepared by Jaegar Moran dated September 2004. Refer ATTACHMENT I;

preparation of a Geotechnical Investigation and Acid Sulphate Soils Report prepared by Golder Associate. Refer ATTACHMENT J - Report to follow; and JtJo t/, O'f-a preliminary draft of the Town Planning Report prepared by Dillon Folker Stephens dated 4 September 2004. Refer ATTACHMENT K. 'J 11 ·c..

As the above list demonstrates the applicant had made significant progress in addressing the issues raised at the pre-lodgement meeting at Maroochy Shire Council and confirms that the development application was "well advanced" prior to the release of the Draft SEQ Regional Plan on the 27 October 2004.

c) Relocation of the Touch Football Fields As highlighted in the correspondence relating to the lease negotiations and the minutes of the pre-lodgement meeting with Maroochy Shire (refer ATTACHMENTS 8 & C) the relocation of the Touch Football Fields is integral to the success of the proposed Development Application. As a result, Sundale Retirement Villages Inc has committed a considerable amount of time and resources to the relocation of the fields. To this end a layout has been designed (Refer ATTACHMENT L) and earthworks to the value of $65,000 have already been undertaken on site.

As you will see from the above, a substantial amount of time and effort has been invested in this project by all the relevant parties and Sundale Retirement Village Inc were very close to lodging a development application to extend their existing retirement village prior to the publication of the SEQ Regional Plan on the 27 October 2004. Based on the evidence provided in this submission, it is considered that the case for an exemption is compelling . The Minster is therefore respectfully requested to grant an exemption to allow submission of the proposed development application.

Should further information be required please do not hesitate to contact me on 5443 5566.

Yours faithfully DILLON FOLKER STEPHENS PTY LTD

MICK SHEPPARD SENIOR TOWN PLANNER

Encl. Various attachments

29 SEPTEMBER 2005 OFFICE OF URBAN MANAGEMENT - SUNDALE R ETIREMENT VILLAGES INC PAGE 4

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Message Page 1 of 1

RUSH John

To: Mick Sheppard

Subject: RE: Application for Exemption from Regional Plan Division 3 Regulatory Provisions- Part of Lot 800 SP 118715, Coelum, Maroohcy Shire Council

Dear Mick, I confirm your Exemption Request was received 29/9/05.

Pis call in 2 weeks or so for update.

Regards, John

Jc,hn &:lush Senior- Landscape Vlanner-IJN!il'llillll.arDd§t.'<"li>C and Cuer1.fiJilt:l~ if'lilllllillt! Tea111 Omce Of" l!rlJilll M.illlilt!elllfJII( Ph: 3235 4560 Fax: 3235 4563 email: [email protected]

-----Original Message-----From: Mick Sheppard [mailto:[email protected]] Sent: Thursday, 29 September 2005 4:45 PM To: RUSH John Cc: [email protected] Subject: Application for Exemption from Regional Plan Division 3 Regulatory Provisions - Part of Lot 800 SP 118715, Coelum, Maroohcy Shire Council

Hi John

Further to our conversation earlier today, I am pleased to attach an electronic copy of the covering letter for the above application.

A paper copy of the letter, together with the Attachments will be hand delivered to the Office of Urban Management tomorrow.

I understand from g. · ussions that ffice of Urban Mangement will be accepting exemption applications until ose of business tomorrow, 0 September 2005.

I would be grateful if y{Otr-Sf>U!clal~DWledgg'e receipt of this email.

Thanks for your help

Regards

MlcK SHEPPARD 1 Senior Planner 1 DILLON FoLKER STEPHENS P: (07) 5443 55661 F: (07) 5443 99771 M: 0419 653 495

Email: [email protected]

30/09/2005 RTI Document No.69

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Contact: Telephone Facsimile: Email:

John Rush 3235 4560 3235 4563 [email protected]

13 October 2005

Mr M Sheppard Senior Town Planner Dillon Folker Stephens Town Planners PO Box605 MAROOCHYDORE QLD 4558

DearMick



Thank you for your letter of 29 September 2005 seeking a Ministerial exemption under Division 3 of the Regulatory Provisions of the SEQ Regional Plan.

Your request relates to the proposed lodgement of a subdivision application for land at Part of Lot 800 SP 118715, adjacent to Springfield Avenue, Coelum.

I can advise that this request is being considered and a determination will be made in the near future. You will be advised of this determination in writing.

In the meantime, if you have any queries regarding this matter, please contact me at the Office of Urban Management on 3235 4560.

Yours sincerely

Senior Landscape Planner Office of Urban Management

RTI Document No.70

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right to information application 78/11 · your ref: kc:mv:03398la/27071tr our ref: tpa23661 &...

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