MCU15/0095 & REC15/0022 PM Submission Object - Nadine Love

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    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, should 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 play an 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 Noosa 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 any1hing 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    SPA    s 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.




    4. NON COMPLIANCE             WITH RELEVANT          PLANNING       INSTRUMENTS:




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