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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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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
Liability limited by a scheme approved under professional standards legislation (Personal Injury Work Exempt)
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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