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MCU170049 - Submission - Tracy & Jim Blayney

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Tracy and Jim Blayney
Wolngarin Holiday Resort
3/27 Munna Crescent

NOOSAVILLE QLD 4566

W: 54498755
M: 0432671009

t = : E: [email protected]
27 July, 2017 z |

Mr Patrick Murphy

The Assessment Manager
Noosa Council

9 Pelican Street

TEWANTIN QLD 4565

RE: Proposed Development
From: Detached House
To: Home Based Business (Type 3 Significant Scale)

Application # MCU17/0049

Good Morning Patrick,

We are the owners of 7 Fuller Court, Noosaville and our house is located directly behind the proposed
development (MCU17/0049).

At the present time the property is rented as we are in the process of selling our business, Wolngarin Holiday
Resort, and will be moving into the house at Fuller Court when the business is sold.

| am writing to ask that Noosa Council refuse the planning application proposed for 8 McKenna Court,
Noosaville as the impact of this proposed Home Based Business Type 3 on our family and our quality of life
in our home will be dramatically affected if this application was approved.

As evidence of the “proposed” business suggests (when it was previously operating on a much smaller scale)
the use, even on the small level that it was, was not minimal and the activities conducted on the premises
were inappropriate for the residential location it is situated in; resulting in complaints from neighbours to
Council.

Local children are already well catered for with regards to Swim Schools in the area as the closest, Diamond
Swim School, is just over 500 metres away at Good Shepherd Lutheran College. This is open to the general
public and not just students from GSLC. Other Swim Schools include Noosa Aquatic Centre, Tewantin State
School Swim School and Eumundi Aquatic Centre to name a few.

This proposed development breaches many of the specific outcomes of the “The Noosa Plan”.

The most relevant breach in Part 11 of the Noosaville Locality Plan is in Division 18 - Specific
Outcomes and Probable Solutions for the Detached Housing Zone. Table 11.14 Section 11.12
“Inconsistent Uses.” It clearly states in this section of the plan (031) “the following defined uses and
use classes are inconsistent uses and are not located in the Detached Housing Zone - d) Home-based
business Type 3.

There is no solution provided in the “Probable solutions” section as it is completely inappropriate for a
business of this nature to be located in a zone classified as residential.

 
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Bao rage bag

In section 14.21 Type 3 Significant Scale, Extent of use and residential amenity,

(053) The Home-based business does not interfere with the amenity of the neighbourhood from the
operation of machinery or electrical equipment or from light, noise, vibration, smell, fumes, smoke,
vapour, steam, soot, ash, grit, oil, dust, waste water, waste products, electrical interference, traffic
generation or otherwise....... is

The solutions offered in this instance are:

(S53.1) The business is located (a) in the Rural Zone or Rural Settlement Zone; or (b) on a lot of no
more than 2000m2 in urban settlements.
(S53.2) Noise from the business is not audible beyond the site boundaries;

Neither of these solutions are actually even possible in this situation as the business is not relative to the lot
size and the noise is definitely audible beyond the boundaries (as evidenced by the complaints received by
Council in the past).

Our youngest son, Keegan has severe Autism and Cystic Fibrosis. He has a “lived experience” of noise as a
result of his Autism. He is extremely challenged by it and as a consequence wears noise reduction
headphones at school. He should not have to wear headphones at home in his own backyard. His home
should be his sanctuary. We would not have purchased this house if there was a Swim School already in
operation in the property behind it and we should not have to sell the house because of the problems Keegan
would have coping with the associated noise on a continual basis. Approval of this Swim School would
therefore have massive implications on my entire family’s wellbeing and general state of mind.

When Keegan is ill with complications due to his Cystic Fibrosis he has extended periods away from school
at home. During these times, he has two hours of physiotherapy every day. He has a right to convalesce in
peace!

My husband and I currently live on site at a Holiday Resort and have done so for the past 13 years. Listening
to noisy kids in the pool is a certain “aspect” of our job. They are extremely loud; even when they are happy,
having fun and splashing about. We expect this in THIS particular environment. We should not have to listen
to something similar in our own home, in a residential area, on a constant basis. We have a right to peaceful
enjoyment in our own property, on any day of the week and at any time, not just on a Saturday or Sunday
when the proposed Swim School is not in operation. At the same time, we should not be forced to sit inside
the house with the doors and/or windows shut to reduce/stop the noise emanating from the Swim School.

14,21 (055) of The Noosa Plan states The Business remains ancillary to the residential use of the site. A
probable solution is $55.1 No more than 6 persons associated with the business are present on the
premise at any one time (this includes any residents living on the premises and directly associated with
the business).

This will be very hard for Council to monitor as I’ve been led to believe there are at least 3 people living at 8
McKenna Court and if the Applicant has 3 children per class, plus 3 parents/carers this could amount to at
least 7 or 8 people at a minimum per class (not accounting for the siblings); all day, everyday. The amount of
people would obviously increase during class change overs etc.

Page 3

 

Another issue for concern is traffic and parking.

14.21 (058) Safe vehicular access is provided to and from the site without adversely impacting on the
safety of the road network; AND .

This is a “local issue” and effects the traffic flow into Heritage Park Estate in general. It is only a small estate
and one of the many benefits of living there is the fact that the majority of vehicles entering the Estate reside
there. The traffic flow would definitely increase with more families continually coming and going for
swimming lessons. The traffic noise from these extra vehicles would therefore increase also.

There is a small park, Kitty Noble Park, in the Estate that the local children play in. I have concerns about
the extra traffic and the safety and well being of the children when they are playing in the park also.

(059.1) A minimum of 4 car parking spaces are provided on the site of the business

The house at the proposed development only has a double garage so therefore this requirement is unable to
be satisfied. The only way to adequately accommodate the necessary vehicles would be for them to park on
the street in front of other residential houses which is completely inappropriate and would negatively impact
on the neighbouring properties.

I have attached two letters with this submission. One of them being from the tenants currently occupying the
property at 7 Fuller Court and the second letter is from Keegan’s class teacher at Nambour Special School
confirming his challenges with noise on a daily basis. After reading the email from our tenants, I have grave
concerns about the future “rentability” of the property, not to mention the decrease in property values in the
area. :

Finally, I ask that Council recognises the need to ensure all adjoining properties (of 8 McKenna Court) are
able to, and continue to, enjoy a reasonable level of amenity and reject this proposal as a Swim School in a
residential area is not acceptable ON ANY LEVEL. [also ask anyone involved in the decision making
process to consider whether they would be happy if a Swim School was given approval adjacent to, or near,
their home. Think you’d be pretty hard pressed to find someone who would!

Should you require any additional information or clarification of any comments made, please do not hesitate
to contact either of us on 0431093566 (Jim) or 0432671009 (Tracy).

Kind Regards,

Nes aed Fi NOE os

Tracy Blayney . James Blayney

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Nambour = School 10 Windsor Road Nambour 4860
Phone: 8444 9333

Fax: 8444 9300

www.nambourspecs.eq.edu.au

26/7/17

To Whom It May Concern,

lam writing this letter regarding the support requirements of Keegan Blayney, who isa
student at Nambour Special School.

Keegan has a diagnosis of Autism Spectrum disorder (ASD), Intellectual Disability and Cystic
Fibrosis. Keegan is non-verbal and is learning to use a device to communicate. He also has
extreme sensory sensitivity issues around noise. Keegan wears headphones at school to assist
him to cope with the noise within the school environment. He also wears headphones on the
journey to and from school in the bus. While the headphones minimise the overstimulation he
receives from noise, they do not fully block or ‘solve’ his noise sensitivities, but are one tool
used to assist him to reduce the sensory input he receives.

Keegan’s sensitivity to noise is quite extreme and can cause him physical pain. When he is
overwhelmed by noise, Keegan can exhibit physical responses to this overwhelming stimuli,
including crying, pinching, hitting and/or kicking others as a way of trying to self-regulate,
self- soothe or communicate the he wants the noise to stop.

Within the school environment, Keegan requires careful planning around classroom
composition and location to minimise the impact of noise. A noisy environment also impacts
on Keegan’s capacity to communicate and to engage in learning.

As a student with a diagnosis of Autism who is non-verbal, Keegan experiences high levels of
anxiety which impacts on his physical and emotional wellbeing. Keegan’s home needs to be
acalm and quiet environment where noise sand stressors can be kept to a minimum. After
managing the school day and the stressors outside of the family home, Keegan needs his
home to be a quiet refuge where he can relax and ‘re-set.’ Overwhelming sensory stimuli can
result in behaviours that can put Keegan and others at risk.

If you require further information, please contact Nambour Special School on 5444 9333.

Regards

Karen Abt
Class Teacher

 

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Wolngarin Holiday Resort Noosa Mail - 7 Fuller - Proposed Swim Sc... https://mail.google.com/mail/u/0/?ui=2&ik=674eaa6684&jsver—2pb...

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M al | Jim Blayney <[email protected]>

by Google

 

7 Fuller - Proposed Swim School - Tenant feedback
2 messages

 

Leeanne Page <[email protected]> 20 July 2017 at 10:59
Reply-To: [email protected]
To: Jim & Tracey Blayney <[email protected]>

Hi Jim and Tracey,

Please see below your tenants response to the proposed Swim School ......

" My husband and | are very concerned about the Swim School proposal.

Mike will reply to you independently but | am sure his concerns are the same as mine.

There is no way | could support the go-ahead for this proposed business.

When it was previously operating it was extremely noisy. The children there seemed to be constantly screaming
and crying. The noise was incessant and very disturbing.

As | work split shifts and am often home by 10am this noise had a huge impact on me. It was impossible to
enjoy being at home when the swim school was operating. The only way to drown out the noise was to have all
the glass doors and windows closed and put some music on.

It seemed to me very inconsiderate of the property owners at 8 McKenna Court and | had considered
complaining to the council about the noise myself.

We had family visiting when the swim schopl was previously operating and they were shocked by the level of
noise and the type of noise (unhappy babies and toddlers). We started to refer to it as the ‘drowning babies'
swim school!

| think you get the idea! We would definitely reconsider signing the lease and maybe even have to consider a
break lease if the business were to start up again. On a bigger scale it would make living here unbearable.

| will also notify the Council of our concerns.

7/28/17, 12:36 PM

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Wolngarin Holiday Resort Noosa Mail - 7 Fuller - Proposed Swim Sc... https://mail.google.com/mail/u/0/?ui=2&ik=674eaa6684&jsver=2pb...

a

Thank you for passing this feedback on to the Landlords for us."

Am guessing that is A VERY BIG NO !!!

Will pass on Michael's email when | receive it.
Leeanne Page

Property Manager ;
Laguna Real Estate

P: 07 5447 3999
E: [email protected]

 

Jim Blayney <[email protected]> 20 July 2017 at 11:31
To: tracyblayney <[email protected]>

Jim & Tracy Blayney

Wolngarin Holiday Resort

27 Munna Crescent, Noosaville, QLD 4566
Tel: 07 5449 8755

[email protected]

www.wolngarin.com

 

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2 of 2 7/28/17, 12:36 PM

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