Ltr to Noosa Shire Council - 13.02.18

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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