Sealed Final Judgment

 

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ba Planning and Environment Court p IN oh WILL ERo. 3126 of 2015

  

eld at: Brisbane

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uBetween: | NOOSAVILLE MEDICAL AND PROFESSIONAL CENTRE Appellant
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ind: NOOSA COUNCIL Respondent

JUDGMENT
[e fore His Honour Judge Rackemann

Date of Hearing: 3 February 2017

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Date of Order: 3 February 2017

THIS MATTER having this day come on for hearing by way of an appeal against the decision of
the Respondent, contained in its notice dated 13 July 2015, granting, in part, the Appellant's
request to change a development permit for material change of use for Commercial Business
Type 1 Office & Type 2 Medical, Retail Business Type 1 Local & Type 2 Shop, Education Type
3 Adult and Entertainment & Dining Business Type 1 Food and Beverage (the development
approval) for land formally described as Lot 3 on SP264909 and located at 90 Goodchap
Street, Noosaville in the State of Queensland

UPON HEARING the Counsel for the Appellant and the Counsel for the Respondent

AND UPON READING the affidavit of Shane Michael Adamson sworn 10 January 2017 and the
affidavit of Shane Michael Adamson sworn 2 February 2017

AND UPON THE COURT BEING SATISFIED THAT the changes to the development approval,
as set out in the affidavit of Shane Michael Adamson sworn 10 January 2017 and the affidavit of
Shane Michael Adamson sworn 2 February 2017, are permissible changes within the meaning
of the Sustainable Planning Act 2009

IT IS ADJUDGED BY CONSENT THAT:

A The appeal be allowed.
B The Respondent's decision of 13 July 2015 be set aside.
Cc The development approval is changed in accordance with the conditions of approval

and plans contained in Annexure A (pages 2 — 19).

 

Filed on: 03/02/2017

Filed by Thomson Geer

Service Address: Level 16 Waterfront Place, 1 Eagle Street, Brisbane QLD 4000

Phone: (07) 3338 7500

Fax: (07) 3338 7599

Email: [email protected] - i
Registrar

JUDGMENT THOMSON GEER

Filed on behalf of the Appellant Level 16 Waterfront Place

Form PEC-7 1 Eagle Street

BRISBANE QLD 4000

Tel: +61 7 3338 7500

Fax: +61 7 3338 7599

DX: 134 Brisbane

Matter no: MFM:3752191
Legal/47541127_1