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

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      scientific     evidence available to the assessment manager and

      speculates about possible effects without any supporting evidence;


(c)   The proposed development is suitably buffered to adjacent land

      uses and includes a proposal to construct a vapour protection

      fence along the boundary between the reconfigured lots.      Further,

      the proposed development can be appropriately conditioned to

      enhance buffering or screening to neighbouring properties, as

      recognised and recommended by the MWA Environmental peer

      review;


(d)   The reasons for refusal advanced to demonstrate a conflict with

      The Noosa Plan are erroneous. Rather, the proposed development

      does not conflict with The Noosa Plan because, inter alia:


      (i)    it complies with the Noosaville Locality Plan Code and the

             Business Uses Code;


      {iiI   the proposed service station is a consistent use within the

             Industry Zone of the Noosaville Locality Plan, with the retail

             component of the use being an ancillary and necessary

             component of a modern service station development;


      (iii) there is no requirement of The Noosa Plan that requires that a

             service station on the Land must contain emissions within the

             site;


(e)   The alleged reliance on the precautionary principle is inappropriate

      in circumstances where: