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Ltr to Noosa Shire Council - 13.02.18

Attached to the e-mail Representations on Decision Notice- MCU17/0530.

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                                                                                       Our Ref


                                                                                       Your Ref
                                                                                                       DJM 1801/2




                                                                                       Date            13 February 2018




         Chief Executive Officer
         Noosa Shire Council
         PO Box 141                                                     ORIGINAL BY POST, FIRST BY EMAIL
         TEWANTIN QLD 4565                                              Email Address: mail@noosa. qld. gov. au



         WRITTEN REPRESENTATIONS REGARDING A DECISION NOTICE DATED 22 DECEMBER
         20.7 PURsuANT To THE PLANNING ACT 20.6 DEVELOPMENT APPLICATION SEEKING
         A DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE ENTERTAINMENT AND
         DINING BUSINESS TYPE , FOOD AND BEVERAGE




         We act on behalf of Noosa Hot Bread Shop Ithe Applicant) regarding a Development
         Approval for land situated at 34 Maple Street, Cooroy more properly described as Lot 2 on
         RP 1866. The Decision Notice was forwarded to Martoo Consulting who on or about 16
         January 2018 suspended the Applicant's appeal period to allow time for preparation of
         written representations. Our client is also prepared to meet with Council officers if
         required.

         Pursuant to the Planning Act our client hereby provides written representations regarding
         the Decision Notice and we request that Council review these representations with a view
         to issuing a negotiated decision notice.

         Development Conditions

              16.   Ensure that all di^used underground hazardous chemical storage tanks comply with
                    the requirements of the Work Health and Safety Regulations section 366,
                    including:

                           Advise Workplace Health & Safety Queensland IWHSO/ that the tank/sj are
                           no longer required and,

                           Within 6 months of the date of this approval, supply Council with
                           certification from WHSQ that all underground tanks have either been
                           removed or are decommissioned in accordance with the legislative
                           requirements.

                    Within 6 months of the date of this approval the petrol bowser within the road
                    reserve must be removed,



                                                   Townsville      Sunshine Coast                       64149180112005. docx

                                                         Suite Two 63 The Esplanade, PO Box 775 M r or d re QLD 45 8
        Telephone (07) 4760 0100 Facsimile (07) 47726017 Telephone (07) 54437897 Facsimile (07) 54437059
                                  Email wrg@wig. comau Web WWWwrg. comau
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         Noosa Council                               -2-                        13 February 2018


            78. All works required in the road reserve must be re-instated to Council s satisfaction
                 and must be carried out in accordance with an Operational Works permit.

         Our client maintains that the initial advice provided by Martoo Consulting indicated that the
         proposed use was covered by existing use rights. The proposal plans identified an existing
         building as a shop (retail business type 2) and a restaurant (entertainment and dining
         business type I ) with no solid partition walls with a glass divider, They concluded that the
         proposal did not require planning approval and an approval for building wor was a t at
         was required.

         Subsequent discussions with existing and previous land owners indicate that existing use
         rights for the shop or retail business activities have existed since the 1930s, Our c ient is
         happy to provide additional evidence in support of these existing use rights.
         Our client reserves the right to apply to the Planning and Environment Court to obtain
         declarations regarding existing use rights if required.

         in any event, our client did make a development application with the Council in September
         2017 after discussions being held between Martoo Consulting and Council s assessment
         officers, Our client's principle concerns with respect to the current conditions of approva
         relate to the removal of underground tanks and petrol bowsers which are not located on
         the land the subject of the development approval.

         A lawful development condition must be relevant to, but not an unreasonable imposition
         on, the development or use of premises as a consequence of the development or e
         reasonably required in relation to the development or use of premises as a consequence o
         the development.

         Our client instructs us that the current owner of the land has indicated that the Suns ine
         Coast Regional Council had previously included these works in a financial budget prior to
         the de-amalgamation process which resulted in the formation of the Noosa Council.
         in our client's view development condition 16 should be amended to delete reference to
         the removal of underground tanks, development condition 17 should be deleted an
         development condition 18 should be amended.

         We trust this information is sufficient, however should You require any further details or
          clarification please do not hesitate to contact Dan Morton.

          Yours faithfully




          ^/I
          Dan Motton
          Partner

          Direct email: dinorton@wrg. comau

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