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Document Set ID: 23711366
                                       Page 78 of 182
Version: 1, Version Date: 30/04/2025

(d)     is bounded by Gympie Terrace to the north, Albert Street to the east and
                               Thomas Street to the west;
                       (e)     has the benefit of a shared access easement to the south allowing access to
                               Thomas Street, which access is physically constrained by existing awnings onto
                               Thomas Street (the Easement); and
                       (f)     is within the Noosa Plan 2020 (25 September 2020) (the Planning Scheme)
                               planning scheme area. (the Premises)
                 2     Under the Planning Scheme, the Premises is:
                       (a)   inthe Tourist Accommodation Zone;
                       (b)   subject to Acid Sulfate Soils Overlay — area 1 (<Sm AHD); and
                       (c)   subject to Flood Hazard Overlay.
                 The Development Application
                 3     As notified by the Respondent in its Confirmation Notice provided to the Appellant by
                       letter dated 21 June 2024, the application the subject of this appeal (the Application):
                       (a)     is for a Development Permit for Material Change of Use — Food and drink
                               outlet and Short term accommodation (16 units);
                       (b)     was given the Respondent's reference number: MCU24/0074;
                        (c)    was code assessable against
                                   a.  Noosaville Local Plan Code;
                                   b.  Tourist Accommodation Zone Code;
                                   c.  Visitor Accommodation Code;
                                   d.  Business Activities Code; and
                                   e.  Works Codes; and
                        (d)     was properly made on 7 June 2024.
                 4      The Application was made following an earlier application made and withdrawn by the
                        Appellant where the Respondent advised the Appellant that waste collection was to
                        occur from the external road as a consequence of safety issues if waste was collected
                        on-site.
                  5     The Application was made taking into account that waste collection was to occur off-
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Document Set ID: 23711366
Version: 1, Version Date: 30/04/2025                                                                       Page 78 of 182
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