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Properly Made Submission (object) - Frank Wilkie - MCU12/0023

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                                                                                                    80483955


          Dear Sir,
                                                                                                        (9
          Re "Proposed development, have your say"


          Material Change of Use...Appln No. MCU12/0023


          I write to object to the further concessions demanded by the Scanlan Property Group (SPG)

          regarding the redevelopment of what was once a caravan park with affordable accommodation
          and amenities.


          That the redevelopment will go forward is a "fait accompli" due in no small measure to the fact

          that our Council unwisely chose an expert who, unhappily, for rate payers like me, produced a

          Report which supported the opinion of the opposition’s expert??

          As a result, my luckless Council was forced into negotiations with SPG which led to consent

          orders being made in the Court. From these facts emerge several matters pertinent to the

          present issue.




                 Before agreement was reached between the parties, the Council fought and held the

                 line   on   the issue of outdoor   dining, gaining a concession from SPG that it would
                 abandon its claim in this regard. Apparently the Council successfully argued, inter alia,

                 that, because of the      noise    factor, outdoor dining should   not form   part of the
                 redevelopment, and SPG agreed and signed off on the agreement. This then became an
                 order of the Court allowing SPG to otherwise proceed with its planned development.



                 Now SPG brings a fresh application to the Court seeking to vary the original conditions

                 of approval. In this application it seeks to raise, once again, the issue of outdoor dining

                 which our Council had previously vigorously and successfully opposed on the basis that

                 it would create unacceptable levels of noise, particularly in the late evenings.



                 Council’s apparent lack of intention to oppose this present application using the same

                successful arguments is a     puzzlement, and its lack of enthusiasm to argue the case
                disappointingly craven. One would hope that this is not yet another issue of a Council
                simply caving in to the demands of a developer. One suspects, indolence and / or
                incompetence is more likely the reason behind this failure of our Council to act on
                behalf of those who put it there.



                In addition to trying to re-argue the outdoor dining issue, SPG have requested that the

                addition of balconies to 14 motel style units now be permitted. These balconies did not




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           form part of SPG’s original application nor were they evident on the plans submitted to

           Council for approval at that time.



           It seems blindingly obvious that, if the likely creation of unacceptable noise levels was

           sufficient to defeat SPG’s attempt to have outdoor dining approved in the first instance,

           then when the noise from groups of tourists drinking and carousing on 14 balconies is

           added to the already unacceptable noise, then one would assume that the Council has

           at least double the argument to resist the application.




     In this instance the Council has not heeded the voices of those it purports to represent.

     Having secured that there should be no outdoor dining in the original Court case, the
     Council for some inexplicable reason was prepared to simply let everything SPG asked for

     be granted unopposed including the added provision of outdoor balconies.


     Thankfully, when this new application came before the Court, the Judge could see the need
     for further input from the community. He was only able to do this because local community

     groups    provided the Council with our objections which the Council filed in Court. The
     Council itself filed nothing on its behalf and to my knowledge did not intend to demur to

     SPG’s application.


     I   strongly request that the Council bring my views on this matter to the attention of the
     Court and that the Council opposes the "outdoor dining and balconies" issues as vigorously

     as it did at the first   hearing.

     Finally, if the Council has not properly explored the issues of sound levels in the affected
     precinct, I request that it do so as soon as possible so that it will have actual evidence to rely
     on when this matter comes before the Court.




     Frank Wilkie (snr)


     2/5 Pitta Street, Peregian Beach, 4573

     Phone 0407 599 588



           ~w

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