Notice of Appeal - Altum Constructions V Noosa Shire Appeal No 2097 of 2020 · 132005.1133.13

                                               7.


13.     The change application should be approved, as proposed by the Appellant on the
        grounds set out below.


14.     The proposed changes are minor for the purpose of schedule 2 of the Planning Act
        2016, in particular the changes would not result in a substantially different
        development.


15.     If a development application for the development, including the change, was made
        when the change application was made, would not cause:


          (a)    the inclusion of prohibited development in the application; or


          (b)    there to be any referral to any additional referral agency.


16.     The change application should be approved, as proposed by the Appellant, as;


         (a)     it is a minor change;


         (b)     the proposed changes have been supported by a detailed noise
                 assessment;


         (c)     the development has incorporated significant attenuation works to both
                 the facilities building and residential building;


         (d)     noise monitoring and testing has been undertaken which demonstrates
                 that the noise standards are able to be achieved by the development, as
                 proposed to be conditioned;


         (e)     the restaurant is subject to liquor licencing requirements; and


         (f)     the development includes a complaints handling procedure.


17.     In the premises of the above:


         (a)     the appeal should be allowed; and


         (b)     the change application should be approved.


Signed:
Description:        Anderssen Lawyers Pty Ltd^Solicitors for the Appellant
Dated:              21 July 2020