Court Judgement 17 March 2021 - Case D186 of 2019

 In the Planning and Environment Court                                        No 186 of 2019
 Held at: Maroochydore

 Between:          PELICAN NOOSA PTY LTD t/as PELICAN                               Appellant
                   BOAT HIRE

 And:              NOOSA SHIRE COUNCIL                                           Respondent



                                           JUDGMENT

Before:                  His Honour Judge Cash QC
Date of Hearing:         22, 23, 24 February 2021 and 3 March 2021
Date of Order:           17 March 2021 (on the papers)


UPON THE COURT BEING SATISFIED the change to the development approval issued by the
Respondent on 24 October 2017 (Development Approval) as set out in “Annexure A” to this
Judgment is a minor change to the Development Approval for the purposes of section 46(4)
of the Planning and Environment Court Act 2016 (Qld),



IT IS ADJUDGED that:


1.        the Appeal be allowed;


2.        the subject decision of the Respondent made on 19 September 2019 to refuse the
          Appellant’s minor change application be set aside;


3.        the Appellant’s minor change application is approved on the basis that the Assessment
          Manager Conditions included in the Development Approval are deleted and replaced
          with the Assessment Manager Conditions included in “Annexure A” of this judgment;


4.        each party bear its own costs.
     ORDER                                                                          P&E Law
     Filed on behalf of the Appellant           Suite 4, 59 Esplanade Maroochydore Q 4558
     Form PEC-7                                                              Ph 07 5479 0155
                                                                      E. [email protected]