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

                                   - 7 -


                                      Particulars




       (i)     if   the   Change   Application    is   approved,   the    approved


               development may require an approval under a Local Law;




       (ii)    that Local    Law   provides for an application and decision


               process;




       (iii)   no application has been made under the Local Law, to the


               extent one may be necessary;




       (iv)    relying on the Local Law as a basis for refusing the Change


               Application   presupposes    the     outcome   of   an    application


               under the Local Law which has not yet been made and


               otherwise usurps and undermines that application process;


               and




       (v)     the Local Law otherwise seeks to regulate development in


               a way inconsistent with the statutory scheme for planning


               and development in Queensland.



(d)   There are relevant matters that support approval of the Change


      Application.




                                      Particulars




       (i)     the existing conditions of the Development Approval which


               protect the amenity of the surrounding uses in the existing


               hours of operation     between     5am and     10pm will      equally