MCU15/0095 & REC15/0022 PM Submission Object - Various - Petition Kelly Gerber

                •    Relevant instrument inadequately addresses develapment


                •    Relevant instrument daes not anticipate specific or particular development


95.    GSLCis situated on land which was once the site of the Noosa Drive-In and zoned
       "rural".     The GSLCPrimary School was opened on 28 January 1986. The zoning at this
       point was changed to "special facilities" to encompass the school and church usage.
      Throughout this time the site (Lot 30 SP170751) was a Noosa Council service depot
       and was continuously zoned industrial.


96.    An agreement was reached between GSLC and the Noosa Council in 2002 which
       provided for the acquisition of 1.1ha of additional land, on which the HPEcentre, extra
       classrooms and a swimming pool are now located. At this time the entire GSLC site
       (Lot 30 5P228052) was rezoned "community services", however the proposed service
       station site (L30 SP170751), now decreased in size, continued to be zoned industrial.

97.    The Lutheran Church of Australia Queensland District purchased the site from the
       Noosa Shire Council on 20 December 2007. The site shares a common boundary with
       the HPEcentre and GSLCopen air toddler pool.


98.    Accordingly, it was a matter of legacy rather than intent that the remainder of the
       former       Noosa Council depot, (the site), continued to be zoned "industry".                 It is
       submitted       that at the time G5LC (Lot 30 5P228052) was rezoned "community
       services", the site (Lot 30 on SP 170751) should have also been rezoned "community
       services" to ensure that          'it would   not be made      available   to other   commercial
       enterprises,21    which would be incompatible with the school and that the site would
       continue to provide a buffer zone between the G5LCcommunity services zone and the
       nearby industry zone.


99.    The Noosa Plan commenced in February 2006. The "life" of a local planning scheme is
       limited to approximately 5 years and requires constant revision.            It is submitted that,
       in the circumstances, the Noosa Plan is out of date or incorrect to the extent that the
       site remains zoned as industrial           use and therefore      incompatible   with the G5LC
       adjoining land use. Furthermore, with the site remaining an "industrial"               land zone,
       the Noosa Plan fails to adequately protect the health of GSLCstudents, families, staff
       and public users of the school.


100. It cannot be argued by the applicant that there is community need given that there is
       approval for a DA to construct a service station approximately               200m away at 139
       Eumundi Noosa Road, Noosaville. Further, if a need did actually exist for an additional
       service station in the Noosaville Locality, that need is not so great so as to allow it to
       be located next to the GSLCand its open air swimming pool frequented                       by school
       children and babies.



21 Counsellor   Frank Pardon quoted in Gardner P, Noosa News, 9 December 2015.
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