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249 Planning & Environment 249 PLANNING & ENVIRONMENT COMMITTEE 13 8 APRIL 2009 FURTHER REQUEST FOR FEE REFUND - COMBINED APPLICATION TO OVERRIDE THE 2006 DOUGLAS SHIRE PLANNING SCHEME FOR A PRELIMINARY APPROVAL FOR A MATERIAL CHANGE OF USE FOR A RETIREMENT FACILITY AND FOR THE RECONFIGURING OF LOTS – CAPTAIN COOK HIGHWAY CRAIGLIE – DIVISION 10 J Elphinstone : 8/37/16 : #2003928 PROPOSAL: REQUEST FOR ADDITIONAL FEE REFUND FOR COMBINED APPLICATION FOR A PRELIMINARY APPROVAL TO OVERRIDE THE 2006 DOUGLAS SHIRE PLANNING SCHEME FOR NEW PLANNING CODES FOR THE LAND, A DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE FOR A RETIREMENT FACILITY AND RECONFIGURATION OF 2 LOTS INTO 170 LEASEHOLD LOTS, COMMUNITY FACILITIES LOT AND PARK APPLICANT: PERCEPTION PROPERTIES C/- CONICS PTY LTD PO BOX 1949 CAIRNS QLD 4870 LOCATION OF SITE: LOTS 1 AND 79 CAPTAIN COOK HIGHWAY, CRAIGLIE (CORNER OF FERRERO ROAD) PROPERTY: LOT 1 ON RP726242 AND LOT 79 ON SR553 LOCALITY: RURAL AREAS AND RURAL SETTLEMENTS PLANNING AREA: RURAL PLANNING SCHEME: DOUGLAS SHIRE PLANNING SCHEME 2006 REFERRAL AGENCIES: DEPARTMENT OF MAIN ROADS (CONCURRENCE) QUEENSLAND TRANSPORT (CONCURRENCE) DEPARTMENT OF INFRASTRUCTURE & PLANNING (ADVICE) DEPARTMENT OF NATURAL RESOURCES & WATER (ADVICE) ERGON ENERGY (ADVICE AGENCY) Agenda – Planning & Environment Committee 8/4/09 - #2002546 250 NUMBER OF SUBMITTERS: 205 PROFORMA SUBMISSIONS (5 NOT PROPERLY MADE AS RECEIVED BEYOND THE PUBLIC NOTIFICTAION PERIOD) STATUTORY ASSESSMENT DEADLINE: APPLICATION PREVIOUSLY DETERMINED DIVISION: 10 APPLICATION DATE: 10 OCTOBER 2007 APPENDIX: 1. APPLICANT’S REQUEST FOR FURTHER REFUND LOCALITY PLAN RECOMMENDATION: A. That Council resolve not to agree to a further refund in application fees for the development having regard to the current fees and charges and the nature of the development. Agenda – Planning & Environment Committee 8/4/09 - #2002546 251 EXECUTIVE SUMMARY: At the Ordinary Meeting held on 27 November 2008 Council refused the development application for a preliminary Approval to Override the Planning Scheme for the development of a Retirement Facility (in accordance with a submitted Guidelines document) and the Reconfiguration of the land into 190 leasehold lots, common property, road and open space. The refusal was based on the planning grounds that the land located on the northwest corner of the Captain Cook Highway and Ferrero Road is outside the identified Port Douglas Urban Area and secondly, the residential development was considered to be unsuitable to the location of the land. An application fee of $66,445.00 was paid to the Douglas Shire Council for the application based on the fees and charges applicable at the time of lodgement. Request was made for the application fee, for the reconfiguration component, to be reduced. Douglas Shire Officers did not have authority to determine the fee refund request and had advised the applicant the request would need to be determined by Council. The matter had not been determined prior to the Council amalgamation. Representations were made to the General Manager Planning & Environment and the Manager Development Assessment, who have authority to determine application fee adjustments. A partial refund of $14,205.00 was issued based on the additional fee as it was originally calculated under the former Douglas Shire fees and charges and the fee that would apply under the new Cairns Regional Council’s fees and charges. Further representations have been made including a formal request for a further refund. A copy of the request is included in Appendix 1. The applicant undertook discussions with Council Officers where it was clearly advised that the development would not be supported by Council officers. The applicant had an opportunity at this time to withdraw the application and did not. Through the recent discussions with Council officers there was no agreement given that a further refund would be forthcoming. It is not agreed that any additional fees should be refunded. Jenny Elphinstone Senior Planning Officer Action Officer Simon Clarke Manager Development Assessment Agenda – Planning & Environment Committee 8/4/09 - #2002546 252 APPENDIX 1 APPLICANT’S REQUEST FOR FURTHER REFUND Agenda – Planning & Environment Committee 8/4/09 - #2002546 253 Agenda – Planning & Environment Committee 8/4/09 - #2002546 254 Agenda – Planning & Environment Committee 8/4/09 - #2002546 255 Agenda – Planning & Environment Committee 8/4/09 - #2002546 256 Agenda – Planning & Environment Committee 8/4/09 - #2002546 257 Agenda – Planning & Environment Committee 8/4/09 - #2002546 258 Agenda – Planning & Environment Committee 8/4/09 - #2002546 259 Agenda – Planning & Environment Committee 8/4/09 - #2002546 260 Agenda – Planning & Environment Committee 8/4/09 - #2002546 .
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