Notice of Appeal (Sealed) (22.04.22) (00447099xF33C9)

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     3.    The proposed trading hours do not comply with Overall Outcome


           2(m) and Performance Outcome P042 of the District Centre Zone


           Code as the proposed change in hours will impact the amenity of


           nearby     residential   premises      as   nearby     residents    would   not


           reasonably expect the service to be operational at this time.




     4.    The proposed illuminated signage does not comply with Specific


           Outcome A07 and Overall Outcome 07 of the Advertising Devices


           Code within the Noosa Plan 2006 as it proposes more than one


           illuminated sign and is not compatible with the visual amenity of


           the surrounding area.



     5.    The proposed additional illuminated signage is not consistent with


           provisions of the Local Law signage requirements as the proposal


           exceeds the maximum number of signs permitted to be illuminated


           and is prohibited by the Local Law. "



7.   In the exercise of the Court's discretion, the Change Application should


     be approved for the following reasons:



     (a)   The      Proposed   Change   is   a   minor   change    of the     Development


           Approval, given that the Proposed Change would not:



            (i)       result in a substantially different development;




            (ii)      include prohibited development; or




            (iii)     cause referral to a referral agency, other than to the chief


                      executive;