02022016091744-0001 · OPW15/0214

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In the Planning and Environment Court No 384 of 2016
Held at: Brisbane

Between: MONEYBOURNE PTY LTD (ACN 011 044 Appellant

072) as TRUSTEE for the LOGAN FAMILY
TRUST TRADING as STORAGE FIRST

And: NOOSA COUNCIL Respondent

NOTICE OF APPEAL

Filed on 01/02/2016

Filed by: Colin Biggers & Paisley Pty Ltd
Service address: Level 35, Waterfront Place

1 Eagle Street

Brisbane Qld 4000

Phone: (07) 3002 8700
Fax: (07) 3221 3068
Email: [email protected]
Dx: DX 301 Brisbane

Moneybourne Pty Ltd (ACN 011 044 072) as Trustee for the Logan Family Trust
Trading as Storage First (Appellant) c/- Colin Biggers & Paisley Pty Ltd, Level 35,
Waterfront Place, 1 Eagle Street, Brisbane in the State of Queensland, appeals to the
Planning and Environment Court at Brisbane, against the decision of the Noosa Council
(Respondent) made on 15 January 2016 to refuse a development application for a
development permit for operational work for placing an advertising device, not associated
with a material change of use, (Development Application) on land located at 78 - 80 Rene
Street, Noosaville in the State of Queensland and described as Lot 279 on CP865180

(Land) and seeks the following orders or other relief:

(a) the appeal be allowed;
(b) the Development Application be approved; and
(c) such further or other orders this Court deems appropriate.

The grounds of appeal are:

-

and
q. The Land:

 

 

NOTICE OF APPEAL
Filed on behalf of the Appellant

Form PEC-1

Sustainable Planning Act 2009 Version 1

JUM783ERXR

Colin Biggers & Paisley Pty Ltd
Level 35, Waterfront Place

1 Eagle Street

Brisbane Qld 4000

DX 301 Brisbane

Phone: (07) 3002 8700

Fax: (07) 3221 3068

Email: [email protected]

Ref: BAC.ECM.1600389

April 2010

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(a) is located at 78 - 80 Rene Street, Noosaville;

(b) is described as Lot 279 on CP865180;

(c) has an area of 10,920m? and a frontage to Rene Street of 78 metres;
(d) is improved by a number of warehouse buildings;

(e) is located within the Noosaville locality and more particular contained

within the Industry Zone of the Respondent's Noosa Plan.

Development Application

2.

On 11 November 2015, the Appellant made the Development Application to the

Respondent.

The Respondent did not give the Appellant an acknowledgement notice as:

(a) the Development Application related to development that required code

assessment only; and

(b) there were no referral agencies.

The Respondent did not ask the Appellant, by written request, to give further

information needed to assess the Development Application.

On 15 January 2016, the Respondent gave a decision notice to the Appellant

refusing the Development Application on the following basis:

"1 The application proposes signs in excess of 4m? sign face area and total
signage area on the premise in excess of 10m’, which are inconsistent with
the Overall Outcomes of The Noosa Plan's Advertising Devices Code;

2 The proposal represents excessive signage for a single business that will
result in unnecessary visual clutter and dominate the streetscape.

3 The signage is incompatible with the existing and preferred streetscape
character and is contrary to the Advertising Devices Code."

Grounds of the appeal

6.

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The Development Application is not inconsistent with the overall outcomes of the
Noosa Plan's Advertising Devices Code for the reasons specified in paragraphs 7
and 8 of this Notice of Appeal.

The Development Application does not represent excessive signage for a single

business that will result in unnecessary visual clutter and dominate the

streetscape, as:

(a) the advertising devices complement and do not detract from the
desirable characteristics of the natural and built environment in which the
advertising devices are to be exhibited, having regard to the nature of the
locality, the size of the Land and the length of its frontage to Rene Street;

(b) the advertising devices are designed and integrated so as to minimise
visual clutter;
(c) the advertising devices will not detract from the visual amenity of the

major road network nor from the rural or residential amenity enjoyed by

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10.

residents of and visitors to Noosa as the advertising devices will be
located within the Industry Zone and not be visible from the:

(i) major road network; or
(ii) land contained in a residential or rural zone.
(d) the advertising devices will be safely constructed and secured and will

not create a hazard.
The signage for the Development Application is not incompatible with the existing
and preferred streetscape character and is not contrary to the Advertising Devices

Code, having regard to the:

(a) size of the Land and the length of its frontage to Rene Street;
(b) design and location of the advertising devices;
(c) zone in which the Land is located, being the Industry Zone under the

Noosa Plan; and
(d) total signage area of each sign face and total signage area located on
other premises on Rene Street, Noosaville.
The Development Application otherwise complies with the Advertising Devices
Code of the Noosa Plan and to the extent that the Development Application
conflicts with the Advertising Devices Code, there are sufficient grounds to justify
the approval of the Development Application despite the conflict.
The Development Application should be approved subject to relevant or

reasonable conditions.

Gr Gages “ Bisley

Colin Biggers & Paisley Pty Ltd
Solicitors for the Appellant

Date: 1 February 2016

If you are named as a respondent in this notice of appeal and wish to be heard in this
appeal you must:

(a)

(b)

within 10 business days after being served with a copy of this Notice of
Appeal, file an Entry of Appearance in the Registry where this notice of
appeal was filed or where the court file is kept; and

serve a copy of the Entry of Appearance on each other party.

The Entry of Appearance should be in Form PEC — 5 for the Planning and
Environment Court.

If you are entitled to elect to be a party to this appeal and you wish to be heard in
this appeal you must:

(a)

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within 10 business days of receipt of this Notice of Appeal, file a Notice of
Election in the Registry where this Notice of Appeal was filed or where the
court file is kept; and

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(b) serve a copy of the Notice of Election on each other party.

The Notice of Election should be in Form PEC — 6 for the Planning and Environment
Court.

TO: The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565

AND: The Chief Executive
The Department of Infrastructure, Local Government and Planning
PO Box 15009
CITY EAST QLD 4002

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