Appeal judgement 30-32 Doonella St Tewantin - MCU21-0013 OPW21-0013

In the Planning and Environment Court                                  No. BD2677 of 2021
Held at: Brisbane

Between:              DOONELLA STREET PTY LTD ACN 611 394 793 ATF
                      THE DOONELLA STREET UNIT TRUST                        Appellant

And:                  NOOSA COUNCIL                                         Respondent



                                             JUDGMENT

Before her Honour Judge Kefford

Date of Hearing:          23 February 2022

Date of Judgment:         23 February 2022

THIS MATTER HAVING come on for hearing by way of an appeal against the decision of the
Respondent to refuse a development application for Development Permit for Material Change of Use -
Multiple Dwelling Units (19 x Small Dwelling Units), Food and Drink Outlet, Indoor Sport and
Recreation, Health Care Service, and Office and Development Permit for Operational Works –
Stormwater Management, Access, Parking, Earth Works and Frontage Works (Application) on land
located at 30 - 32 Doonella Street, Tewantin and more particularly described as Lot 32 on RP 893427
and Lot 903 on T1631,

AND UPON HEARING solicitor for the Appellant and solicitor for the Respondent,

IT IS ORDERED, WITH THE CONSENT OF THE PARTIES, THAT:-

1.       the appeal be allowed;

2.       the Respondent's decision be set aside;

3.       the Application be approved, subject to the development approval package attached hereto,
         paginated 1 to 51 and marked "A"; and

4.       each of the parties bear their own costs of the proceeding.




JUDGMENT                                                 HWL Ebsworth Lawyers
Filed on behalf of the Appellant                         Level 19, 480 Queen Street
Form PEC-7                                               Brisbane QLD 4000
                                                         Tel: +61 7 3169 4700 Fax: 1300 368 717
                                                         Ref: PJB:CJV:1083546
Planning Act 2016                                Version 1                                  July 2017

Doc ID 924222943/v1