MCU15/0095 Notice of appeal - Synergy Property Partners Pty Ltd v Noosa Council - P & E Appeal no. 1999 of 2016

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     but to refuse the development application for a material change of use

     for Retail Business Type 5 (Vehicle Uses) and Retail Business Type 2

     (Shop) on the basis of the following reasons for refusal:


     N1.    The service station poses unacceptable risks to human health,
            safety and wellbeing at adjacent existing uses, in particular to
            children using directly adjacent school facilities.

     2.     The development provides insufficient         buffers   to     adjacent
            extremely sensitive school uses.

     3.     The development conflicts with The Noosa Plan's Noosaville
            Locality Code and Business Uses Code as it is incompatible with,
            and has the potential to adversely impact on, the adjacent school
            users.

     4.     The service station is unable to contain emissions within the site,
            as sought by The Noosa Plan for sites adjoining community uses.

     5.     A precautionary approach should be applied pursuant to the
            Sustainable Planning Act 2009, given the development's
            significant health and safety risks for adjoin the adjoining
            sensitive uses. "


9.   The development application should be approved having regard to the

     following:


     (a)   The    allegation   that   the   proposed   service   station    "poses

           unacceptable risks to human health, safety and wellbeing at

           adjacent existing uses" is contrary to the scientific           evidence

           available to the assessment manager, including the peer review

           commissioned by the assessment manager and prepared by MWA

           Environmental which concluded that (in response to a request by

           the assessment manager for an assessment against Performance

           Outcome P07 of the Service Station Code of the Brisbane City

           Plan 2014):