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K Simmonds Nursery Objection

Attached to the e-mail MCU19 0066 - Submission - Kerry Simmonds.msg.

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MCU19/0066 - 2197 David Low Way Peregian Beach Qld. 4573 Lot 625 P93121


To The Assessment Manager

I refer to the above application and hereby lodge my objection accordingly.

I strongly oppose this application on the following grounds:

The Town Plan does not allow for a commercial component on this site for very good
reason. It faces onto a very busy single laned road with parking arrangements that require
vehicles to reverse out into not only a bicycle lane but also on-coming traffic. There are
only 10 car spaces available and 2197 David Low Way is made up of 3 Lots. Lot 625 of
which this application applies, Lot 896 being Sheepskin and Opal World including Owners
Residence and Lot 897 (currently vacant). One would have to agree that Lot 896 is already
under pressure with only 3 odd car spaces aloted for a retail business and owners
residence and staff. This MCU will set a precedent to this site with little or no room for safe
parking provisions.

Should this MCU be given approval, the single lot will be operating a Nursery; a Real
Estate Business; a Homeware/Gift Shop and a Cafe. Would I be incorrect in suggesting
there are only some 3 odd car spaces available for Lot 625?

There is also Postal Box and frequently vehicles pull into this area, to post their mail.

Cyclists are going to be placed at risk with an increased demand on the nature of parking
arrangements in this area.

In relation to the Applicant and on a more personal note: there are some things that need
to be said having had a personal experience.

In the Application and in particlar, the letter to Council explaining the proposed use of the
site by the Applicant; they make a number of untrue claims.

Applicant claims they are not looking to expand their personnel however there is obviously
an aim to expand their business and has made cold calls to local residence in my area. I
believe the Applicant has also just taken on a Personal Assistant and will also add a further
vehicle to this site.

Applicant states they walk to work most of the time. This is untrue and designed to
mislead Council. They did not walk to work when less than a kilometre from site. They
have since moved much further away and certainly will not be walking to work from this
location.

Applicants states they have 3 staff car parking space. This is untrue. Their cars and
quite often a trailer, are always either parked in the side street or out the front utilising front
car spaces. Please refer to attachment 1 images relating to this area.



Applicant states there is ample car spaces out the front - being 10. This is untrue. The
applicants Lot 625 only has access to 3 odd spaces.
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K SIMMONDS NURSERY OBJECTION.pdf · 74 KB (small file)

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Page 2

Applicant states by adding the Real Estate Business to the Nursery, there is be no
additional foot traffic. This is untrue. Applicant has placed substantial advertising
signage on the Nursery fence and places an A frame sign out on Council street frontage,
advertising ‘Office Open’.

Applicant states they have made no changes to the premises since acquiring it. This is
untrue. Applicant states they have only given the nursery a ‘lick of paint’ since taking over
the premises. In fact Applicant states “I want to reiterate that we have done absolute nil
changes to the existing building just gave it a lick of paint so it looks nice and tidy”

This is untrue - in fact it is clearly another lie as they have made numerous alterations
such as internal wall fitouts and cabinetry. There also appears to have been the demolition
of existing front block work wall and wrought iron fencing with installation of gate entry to
premises; laying of brickwork pavers out onto what we assume is council land and removal
of further wrought iron front fencing and installation of glass panels. In fact the applicant
trips up on their own untruths by admitting in their letter, and quote “Was per our lease
we then proceeded to divide the existing building up in my Real-estate Office and a
gift shop with a coffee bar”.

Please refer to Sabine Freitag google street view and images (I was directed to this site by
a fellow community member and this clearly illustrates the before/after changes). If there
is any doubt as to when these changes took place, please refer to google street view that
shows the Nursery for Rent sign out the front.

I feel Council should be made aware, the Applicant had the opportunity to secure a Lease
on a shop in the Peregian Village that had already been a Real Estate office, but pulled out
due largely because of the rental price. It was sometime after this, the Applicant took on
the lease at the above site. There has continued to be available lease opportunities in the
Village and the commercial hub north of the village on David Low Way.

It should also be noted, The Applicant has been operating Air bnb in a sub-let environment
and despite a request by your Council officers to remove the property from Air bnb
website, it was at some stage, re-listed and the Applicant took further bookings over a
period of time.

Although in some areas of my letter, I have moved away from matters relating to the MCU
Application, I believe I have detailed pertinent and relevant reasons why this should not be
approved. However, the personal references, I believe are very relevant, due to the
constant untruths which I have personally encountered on many occasions.



KERRY SIMMONDS
1/12 Plover Street Peregian Beach Qld. 4573

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