MCU15/0095 & REC15/0022 PM Submission Object - Maree Burgess

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between the Church and the Noosa Shire Council in the School's development             over many years       •   it
would seem evident that the School and the Church had intended the area to be protected               for the
benefit and protection of the children at the School. This arrangement would appear consistent with the
Church's publicised    desire, and Council's demonstrated       willingness   to cooperate,   at the time of
purchase to prevent the construction        of a proposed service station on the lot. This agreement             is
suggestive the parties intent to creating a negative equitable servitude or negative easement over the
property.


The planning scheme exists, among other things, to provide some certainty to the community in relation
to the types of development     that can be approved for a specific property. Deviating from the planning
scheme and in particular deviating from this very inconsistency has already caused significant problems
for Noosa Council. As has been extensively reported the Council is currently attempting to deal with lax
adherence to the planning scheme related to retail intrusion into the industry zone.


Noosa Council's Infrastructure      and Planning Director    Martin   Drydale said in May 2015 that         "It's
important   that we protect     this area for industrial functions.   Residences, community    organisations,
commercial and retail business, and most sport and recreational land-use activities, shauld not operate
from industrial premises," He furthermore added that: 'The reason for having a town plan is so that we
can ensure that various land-use types are appropriately located to best serve the community. Calling for
community    and industry support he said: "Property owners and real estate agents ploy on important
role in helping to uphold the town plan's integrity" ... adding: "Just as the community would likely object
to a factory opening up in a retail precinct such as Noasa Junction, retail shops and professional offices
are not appropriate in industry zoned areas."


It is incumbent upon the Assessment Manager and the Council at large in this situation to uphold the
plan's integrity   and to do anything other than rejecting this Application       is making no reflective        of
Council's attempts to hold the industry and community         to account in relation to the maintenance of
appropriate zoning in the region.


Any decision of the Assessment Manager must not conflict with the planning scheme, unless there are
sufficient grounds to justify the decision despite the conflict. Conflict means to be "at variance or
disagree with" and must be plainly identified. The proposed Development is clearly in conflict with the
planning scheme, a fact that is well demonstrated        throughout   this document. The conflict with the
planning instruments is not insignificant. Any sufficient grounds to justify approval under SPAs 326(1)(b),
must be of public interest, excluding the personal circumstances of the Applicant, owner or interested
party. The Applicant has shown no public interest grounds, nor do any exist, sufficient to justify approval
in the event of the conflict.


The Application must therefore be rejected as is required under the planning instruments as to allow it
by exception is not only contrary to SPA but a denial of the rights of the School's parents not to have
their children exposed to negative impacts of this inconsistent development.




13 ibid




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