1. Chronology - Email Decision Notice
Emily.Burke@frasercoast.qld.gov.au = Emily
FCRC
me@warrenbolton.com= Warren
Bolton
ward@urbanplanet.com.au = Urban
Planet Ward Veitch
mudcrabsdirect@gmail.com Mark
and Julianne Grunske
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From: me@warrenbolton.com Sent: Monday, 2 December 2024 8:36 AM To: Emily Burke FCRC Cc: Ward Veitch - Urban Planet; Mud Crabs
Direct Subject: RAL21-0138 |
Morning Emily Could you
please give me an estimate of when you anticipate the decision notice for all
the above will issue? Many thanks Regards Warren |
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From: Emily Burke
<Emily.Burke@frasercoast.qld.gov.au> Sent: Monday, 2 December 2024 8:42 AM To: me@warrenbolton.com Cc: Ward Veitch - Urban Planet; Mud Crabs
Direct Subject: RE: RAL21-0138 |
Hi Warren, I will try to
get to the report this week, I am overwhelmed with lots of work but I note
the decision is currently due 6/12/24. I have the
engineering comment so that is a good start. Hope this
helps. Kind regards Emily Burke |
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From:
me@warrenbolton.com Sent:
Monday, 2 December 2024 8:44 AM To:
'Emily Burke' Subject:
RE: RAL21-0138 |
Thank You I am not
surprized you are busy Warren |
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From:
me@warrenbolton.com Sent:
Monday, 6 January 2025 1:27 PM To:
Emily Burke FCRC Cc:
Ward Veitch - Urban Planet; Mud Crabs Direct Subject:
Decision Notice RAL 21-0138 |
Hi Emily My
understanding is, that by agreement with Ward, the date for determination of
the above application was extended to 13 December 2024. When the
decision notice failed to materialise on the 13th, in appreciation of the
cooperation that you have extended to me during the period of my dealings
with Council I elected to wait until Christmas break for the Decision Notice
to arrive. Ward has
advised today that no further communication between himself and Council has occurred
since the 13th and Christmas has come and gone. I'm sure you
would appreciate it is essential that we continue to progress this project,
so if you could just update me as what is the reason for the delay so I can
then determine what is our most appropriate response. Thanking you
for your assistance Regards Warre |
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From:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Sent:
Monday, January 6, 2025 1:46 PM To:
me@warrenbolton.com Cc:
Ward Veitch - Urban Planet <ward@urbanplanet.com.au>; Mud Crabs Direct
<mudcrabsdirect@gmail.com> Subject:
RE: Decision Notice RAL 21-0138 |
Hi Warren, Thanks, I will
get back to this. The only reason
I can give for the delay was that I had two other applicants expecting
decisions prior to Christmas these those applications had entered decision
stage earlier than yours. I do believe I
have engineering comments so will see if I can get draft conditions to you
this week. Kind regards Emily Burke Senior Planner |
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From: me@warrenbolton.com Sent: Monday, 6 January 2025 1:48 PM To: 'Emily Burke' Subject: RE: Decision Notice RAL 21-0138 |
Thank you Regards Warren |
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From:
Emily Burke Sent:
Friday 10 January 2025 9:57 AM To:
me@warrenbolton.com; Ward Veitch (ward@urbanplanet.com.au)
<ward@urbanplanet.com.au> Cc:
'Mark & Julianne Grunske' <mudcrabsdirect@gmail.com> Subject:
Recommendation |
Hi Warren and
Ward, Please find
recommendation for RAL21/0138. I will ask admin to prepare the decision
notice please let me know if you have any problems. |
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From:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Sent:
Friday, January 10, 2025 10:13 AM To:
'me@warrenbolton.com' <me@warrenbolton.com>; Ward Veitch
(ward@urbanplanet.com.au) <ward@urbanplanet.com.au> Cc:
'Mark & Julianne Grunske' <mudcrabsdirect@gmail.com> Subject:
RE: Recommendation |
Hi Warren I have added an
additional condition 32 as follows: 32. Include in any Contract of
Sale for lot 5, a copy of the State Assessment and Referral Agency response,
2212-26497 SRA and dated 21 November 2024.-At all times Also, in
regards to condition 9(b) of the State conditions relating to buffer elements
(extracted below). Does your
client know what they will do to comply with this condition? Sometimes
council would have conditioned a rehabilitation plan and covenant. Thanks Image
Inset SARA Condition9 Kind regards Emily Burke Senior Planner |
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From:
me@warrenbolton.com Sent:
Monday, 13 January 2025 9:48 AM To:
'Emily Burke' Cc:
Ward Veitch - Urban Planet; Mud Crabs Direct Subject:
RE: Recommendation |
Morning Emily Thanks for
sending the draft It would
properly come as no surprise that I have issues with a number of the
conditions, putting aside the duplication of clause 21 and 24. I don't know if
you want to wait until I give you our formal response or whether you just
issue the decision notice and we proceed from there. Thanks for your
assistance Regards Warren |
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From: Emily Burke
<Emily.Burke@frasercoast.qld.gov.au> Sent: Monday, January 13, 2025 9:54 AM To: me@warrenbolton.com Cc: Ward Veitch - Urban Planet
<ward@urbanplanet.com.au>; Mud Crabs Direct
<mudcrabsdirect@gmail.com> Subject: RE: Recommendation |
Hi Warren I can delete
out the duplicate condition and fix up the later conditions that refer to
condition numbers. This is no problem. If we issue a
decision notice we will subsequently have to issue a
negotiated decision notice if the applicant makes representations and we
agree. You can do
whatever you like but if your issues are minor it
may be better and more time efficient to have a look at any of your concerns
now. Let me know
your thoughts. I am not here for a week after Wednesday. Kind regards Emily Burke Senior Planner |
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From: me@warrenbolton.com Sent: Monday, 13 January 2025 9:48 AM To: 'Emily Burke' Cc: Ward Veitch - Urban Planet; Mud Crabs
Direct Subject: RE: Recommendation |
Morning Emily Thanks for
sending the draft It would
properly come as no surprise that I have issues with a number of the
conditions, putting aside the
duplication of clause 21 and 24. I don't know if
you want to wait until I give you our formal response or whether you just
issue the decision notice and we proceed from there. Thanks for your
assistance Regards Warren |
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From: me@warrenbolton.com Sent: Monday, 13 January 2025 11:02 AM To: 'Emily Burke' Cc: Mud Crabs Direct Subject: RE: Recommendation |
Hi Emily Ok! Great -
Thank you Will consider
the advice and make a decision and will respond by Wednesday if going down
the representation path. Regards Warren |
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From:
me@warrenbolton.com Sent:
Wednesday, 15 January 2025 6:25 AM To:
Emily Burke FCRC Cc:
Mud Crabs Direct; Ward Veitch - Urban Planet Subject:
Development Conditions Attachments:
Council Submission.pdf; Condition References FCRC.docx |
Hi Emily I have reviewed
the conditions provided and there are a number with which I have an issue. I have attached
a Submission which provides the areas from which my concerns arise. My client has
authorised me to commence proceedings in the Planning and Environment Court
in relation to the conditions attached by the referral agency, [SARA] once
the decision notice has been issued. Should Council
wish to retain ALL the conditions as proposed, consideration may need to be given
of the level to which Council would become involved in the above-mentioned
court proceedings. My regards Warren |
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From:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Sent:
Wednesday, January 15, 2025 9:45 AM To:
me@warrenbolton.com Cc:
Mud Crabs Direct <mudcrabsdirect@gmail.com>; Ward Veitch - Urban Planet
<ward@urbanplanet.com.au> Subject:
RE: Development Conditions |
Hi Warren I am out of the
office after today returning 28/1/25. I have already
sent the report to our admin officers to prepare the decision notice. I have
forwarded your email to Manager Development Engineering to consider your
comments about the conditions
and seek advice on whether they wish to delete/amend conditions. My Manager Jeff
Brannan has agreed to finalise a decision after this has occurred unless Ward
(as the applicant)
wanted to have a meeting. I was not aware
your client planned to appeal the State response to the Planning and
Environment Court, the
State response seems fairly reasonable in terms of their requirements and
relevant State code
requirements. But of course this is your clients
right to do that. Kind regards Emily Burke Senior Planner |
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From: me@warrenbolton.com Sent: Wednesday, 15 January 2025 11:02 AM To: 'Emily Burke' Subject: RE: Development Conditions |
Hi Emily Thanks for that
advice. According to
the development application Ward is not the Applicant he is the ‘contact
person’ nominated on the form on behalf of the applicant. The applicants for
the development approval is Mark and Julieann. One last
request if I may before you finish up today As you can
imagine I am now turning my attention to the preparation of the development application
for Operational Works Apart from the
material cited in Council's proposed conditions for the RAL, does Council
have a development package to assist in the preparation of a competent
development application in this regards? If so if you
could reference me to that as it would be appreciated Also I again I express my appreciation
for the all the assistance you have provided during this whole process and
look forward to working with you in the next development application process PS. SARA
Condition1 and 6, in their current context effectively prevent further
development of lot 5 by “prohibiting future development” for Lot 5 especially
within the rising sea level overlay, even if that development can meet the
requirements of the relevant assessment benchmarks by implement the engineer
solution provided by International Coastal Management - That very significant
- as worded it rules future options- That's a pretty significant condition My regards Warren |
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From: me@warrenbolton.com Sent: Tuesday, 28 January 2025 10:10 AM To: Emily Burke FCRC Cc: Ward Veitch - Urban Planet Subject: Update RAL21-0138 |
Hi Emily -
Welcome back I appreciate
you have probably have a mountain of emails in your
inbox but when you get to mine - just to
update you. I held a
discussion last week with Cassandra, the admin officer I am guessing is
supporting Jeff Brannan (That is as high up the tree as they would progress
me) in relation to the issuing of the decision notice. On her advice
it was going to be issued last Thursday afternoon. - Nothing as yet. I am wondering
if you might be kind enough to chase that up for me and just find out what's going
on? Next I have almost completed
preparation of the DA for Operational Works. I'm just clarifying you that I can
submit the development application on a USB posted to council? Also I encountered difficulty in
converting some of the word documents across to PDF (New MS upgrade I
suspect) because it was removing the bookmark part of the hyperlinks code –
making them ineffective to use. Is it okay if I
include ‘Word’ documents in those instances instead of PDFs? Hoping you
enjoyed your break. My regards Warren |
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From: Emily Burke
<Emily.Burke@frasercoast.qld.gov.au> Sent: Tuesday, January 28, 2025 10:15 AM To: me@warrenbolton.com Cc: Ward Veitch - Urban Planet
<ward@urbanplanet.com.au> Subject: RE: Update RAL21-0138 |
Good morning Warren, I am not sure
why the decision notice was held up but I will check in with Jeff. I believe
the decision notice may be sitting there ready to go so if all okay will see
if we can get this to you today. Kind regards Emily Burke Senior Planner |
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From: me@warrenbolton.com Sent: Tuesday, 28 January 2025 10:54 AM To: 'Emily Burke' Cc: Ward Veitch - Urban Planet Subject: RE: Update RAL21-0138 |
Thanks Emily -
Appreciate your assistance. Regards Warren |
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From: me@warrenbolton.com Sent: Tuesday, 28 January 2025 5:29 PM To: Emily Burke FCRC Subject: Development conditions |
Hi Emily I was doing
some research earlier this afternoon in the government archives to see if I
could locate that ‘advisory note’ from the Department back in the 1990s and I
ended up in the planning tribunal section of the archives
the use of
advisory notes in tandem with formal decisions. It's entirely
up to Council which way you approach this but I would much rather prefer to
see if I can encourage Council to consider shifting the relevant material
into the ADVISORY NOTE before you issue the decision notice because if you
issued the decision notice as it is I am simply going to make the same
submission back to you as I've already made and that seems to me just to be like
a waste of both our times Regards Warren |
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From: Emily Burke
<Emily.Burke@frasercoast.qld.gov.au> Sent: Tuesday, January 28, 2025 6:42 PM To: me@warrenbolton.com Subject: RE: Development conditions |
Thanks Warren.
I will look at tomorrow. I had to leave work early but I agree it does seem a
better idea to resolve before issuing. So we can overcome the need for a negotiated
decision request. I think I will
also talk to my manager/s to get their advice. And will come back to you. Kind regards Emily Burke Senior Planner |
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From: me@warrenbolton.com Sent: Wednesday, 29 January 2025 1:38 PM To: 'Emily Burke' Subject: RE: Development conditions Attachments: Requested Condition
Alterations.pdf |
Hi Emily I don't know if this will help with your
discussions tomorrow but I have attached
what is pretty much what I will accept - without taking the matter
to court I hope you might find it useful in reconsidering
Council's position in relation to the proposed conditions My regards Warren |
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From: me@warrenbolton.com Sent: Monday, 3 February 2025 3:43 PM To: Emily Burke - FCRC Cc: Mud Crab Direct; Ward Veitch - Urban
Planet Subject: Decision Notice Plus |
Hi Emily Can you please
update me on the situation with the decision notice. As you know it
was due on 13 December 2024. That date came and went and I elected to wait until
Christmas and Christmas come and went. Then I was expecting it by 13 January
2025. That date come and went and now we are moving into February. If you could
just explain the reasons for the hold-up that will help me
make a decision as to what our response should be. As you know I
would much rather sort things out now but I have the appeal against SARA’s conditions
waiting to be filed and as you also know I can't file that without the
decision notice. If there are
some issues that Council feels strongly about then maybe some sort of
conference or simply just issued the decision notice and we can sort them out
during the court process. As I mentioned
in my last email of 28 January, I have completed most of the documentation necessary
to file the operational works application and am expecting the amended
stormwater report back by the end of this week. At that time, I will have all
the documentation completed and I'll be ready to file the DA. In my last
email I enquired as to whether or not I could do that by postage and a USB
device? If you could
provide me a response in that regard and if it's okay the amount of the
application fee? Thanking you
again for your assistance My regards Warren |
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From: me@warrenbolton.com Sent: Wednesday, 5 February 2025 3:49 PM To: Emily Burke - FCRC Cc: Mud Crab Direct; Ward Veitch - Urban
Planet Subject: FW: Decision Notice Plus |
Hi Emily I am sure you
understand that I need to progress this project. It has spent enough time in
the installed position. ·
I have
the appeal against SARA conditions prepared ready for filing; and ·
A
development application for operational works ready for lodging Both are effected in different ways by the issuing of the decision
notice I don't
necessarily require the decision notice today but I definitely need to know
the problem causing the delay and how we might be able to address the
circumstances. If I understand
correctly, we have at our disposal the facility to requesting the issuing of
the decision notice. I have already
indicated the problems I see for it, in its original draft format and my
preference is sorting it out before it is issued - rather than later. But in order to
make an informed decision I need to be in possession of all the information available,
so I am again requesting that you update me in this regard I do not think
this is an unreasonable request. I am
appreciative for and cognitive of, the tremendous service you have provided
to me in the past. However, my brief here is to serve the best interests of
my client and that is served by progressing this project to its completion in
a format that serves those best interests and in a timeframe that is as
concise as circumstances permit. I am also not a
fan of ultimatums but sometimes there is no other alternative. In the absence
of advice as to the reasons for the delay I will have to you instruct Ward to
proceed with the necessary documents to obtain the decision notice. Hoping we can
find a mutual solution to this circumstance I remain Warren |
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From: Emily Burke
<Emily.Burke@frasercoast.qld.gov.au> Sent: Wednesday, 12 February 2025
12:00 PM To: me@warrenbolton.com Subject: update |
Hi Warren Thanks for your
call last Friday. I will aim to
get the decision notice to Ward tomorrow. Kind regards Emily Burke Senior Planner |
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From:
me@warrenbolton.com <me@warrenbolton.com> Sent:
Wednesday 12 February 2025 12:12 PM To:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Subject:
RE: update |
Hi Email Thanks for
keeping me in the loop I want to have
a chap with you went I lodge the DA for OW sometime next week - Do you have a 30 minutes to spare sometime during that week. And I can I
lodge with USB device Regards Warren Regards Warren |
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From:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Sent:
Wednesday, 12 February 2025 1:47 PM To:
me@warrenbolton.com Subject:
RE: update |
Hi Warren It may be best
if we ask a development engineer to attend as I do not assess OPW
applications. Kind regards Emily Burke Senior Planner |
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From:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Sent:
Wednesday, 12 February 2025 3:30 PM To:
me@warrenbolton.com Subject:
RE: update |
Meeting request
sent |
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From:
me@warrenbolton.com <me@warrenbolton.com> Sent:
Wednesday 12 February 2025 3:35 PM To:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Subject:
RE: update |
Accepted -Meeting
scheduled for 18 February 2025 11 AM to 12 noon |
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From:
me@warrenbolton.com <me@warrenbolton.com> Sent:
Monday 17 February 2025 10:01 AM To:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Subject:
Meeting Material |
Morning Emily Please find the
attached. I've taken the
liberty of sending it to you so that you will have backgrounding for the
matter for discussion at 11:00 tomorrow See you then. Regards Warren |
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From:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Sent:
Monday, 17 February 2025 10:19 AM To:
me@warrenbolton.com Subject:
RE: Meeting Material |
Hi Warren I have now
booked a meeting out on site at 9:30am tomorrow in Toogoom.
Without remembering we had out meeting scheduled for 11:00am. Would you be
able to make it later? The site visit
may involve a bit of walking as such I wonder if it will be too tight for me
to get back by 11:00am? 1pm may be
better for me, please let me know your thoughts. I will read
your attachment now. Kind regards Emily Burke Senior Planner |
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From:
me@warrenbolton.com Sent:
Monday, 17 February 2025 10:23 AM To:
'Emily Burke' Subject:
RE: Meeting Material |
Sorry should
have read ALL the Email 1:00pm is fine Warren |
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From:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Sent:
Monday, 17 February 2025 3:44 PM To:
me@warrenbolton.com Subject:
FW: Meeting Material Attachments:
Proposal.pdf |
Hi Warren I have talked
to the Executive Manager, Jamie Cockburn, about your attached. He has said we
cannot relinquish the requirement to fill the lots. Our planning scheme
policy does permit only 1200m2 of filled area rather than the entire lot. We
could amend our condition in this regard. The waste water treatment areas are
required to achieve this immunity. We also require the developer to extend
the electricity network especially given there is electricity in Tuan
already. Do you really
think we need a meeting? I just have a lot of work on and I am not sure I can
change the conditions to any greater extent than already (after taking on
your comments made a few weeks ago). Kind regards Emily Burke Senior Planner |
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From:
me@warrenbolton.com <me@warrenbolton.com> Sent:
Monday 17 February 2025 4:24 PM To:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Cc:
Mud Crab Direct <mudcrabsdirect@gmail.com> Subject:
RE: Meeting Material |
Hi Emily No we don’t need a meeting if your
executive manager thinks he can defend that position in court. I don't know
how much your executive manager knows about planning law and benchmarks but acceptable
outcomes have always been just ONE way of achieving performance criteria and performance
criteria are only one way of achieving overall outcomes and if you
demonstrate compliance with overall outcomes you
achievement compliance with the purpose of the code. So as I said in my proposal, I
understand that people can be committed to doing things the way they always
have but if there is no interest in discussing the matter further and
Council’s position is set in concrete then testing that position in court is
what I will advise my client to do. If there is no
point in a meeting tomorrow then I ask that Council formally respond
outlining their objections to the Proposal and you can proceed to issue the
Decision Notice Thanks Regards Warren |
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From:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Sent:
Monday, 17 February 2025 4:40 PM To:
me@warrenbolton.com Cc:
Mud Crab Direct Subject:
RE: Meeting Material |
Thanks Warren,
okay, we will do that. Sorry to
disappoint. Kind regards Emily Burke Senior Planner |
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From:
Emily Burke <Emily.Burke@frasercoast.qld.gov.au> Sent:
Monday, 17 February 2025 4:41 PM To:
me@warrenbolton.com Cc:
Mud Crab Direct Subject:
RE: Meeting Material |
Hi Warren I will get onto
issuing the decision ASAP. Kind regards Emily Burke |
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From:
Mud Crabs Direct <mudcrabsdirect@gmail.com> Sent:
Friday, 21 February 2025 5:02 PM To:
me@warrenbolton.com Subject:
Fwd: Decision Notice - RAL21/0138 - Wilkinson Road
TUAN Attachments:
Decision Notice - RAL21.0138 - Wilkinson Road TUAN.pdf; Infrastructure
Charges Notice.pdf;
Fact Sheet - Infrastructure Charges Incentives - Delayed Payment - Incentive
1.pdf |
Hi Warren Just
opened up our emails and this came through. We noticed it wasn't sent to you
so we are forwarding
it to you. Regards Mark &
Julianne Grunske Mud Crabs
Direct |
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From:
Ward Veitch - Urban Planet <ward@urbanplanet.com.au> Sent:
Monday, 24 February 2025 11:37 AM To:
me@warrenbolton.com Subject:
FW: Decision Notice - RAL21/0138 - Wilkinson Road TUAN Attachments:
Decision Notice - RAL21.0138 - Wilkinson Road TUAN.pdf; Infrastructure
Charges Notice.pdf;
Fact Sheet - Infrastructure Charges Incentives - Delayed Payment - Incentive
1.pdf |
No Message |
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From:
me@warrenbolton.com Sent:
Monday, 24 February 2025 11:52 AM To:
'Ward Veitch - Urban Planet' Subject:
RE: Decision Notice - RAL21/0138 - Wilkinson Road TUAN |
Thanks Ward As you would be
aware I pretty much have completed the Notice of Appeal and am expecting to file
probably by the end of this week. It is my
intention not to get you embroiled in this event, as much as I possibly do to
achieve that - however it all depends how far SARA and FCRC want to resist
change. During the
process of preparing my submission I discovered one interesting thing that
you might be able to help me with. I notice in
your initial development report Under State Interests you referred ‘the site
is located within the trigger area for Wetland Protection areas of the map
for the wetlands whereas the map actually refers to it as a ‘buffer area’ I had
encountered this dichotomy also when I was researching State Code 9 and the
Guidelines referred to by SARA , which provided the
advice ‘that buffer areas and trigger areas are not the same thing’ and that
a buffer area could be smaller than a trigger area’. Two weeks ago,
I sent an email to the Department seeking some clarity. At this point no
response. Can you shed
any light on this topic? Regards Warren |
