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2024.03.26 - Parker Capital Submission - Final
Attached to the e-mail Comment on Application - MCU24/0017.
Email 26 March 2024 Chief Executive Officer Noosa Shire Council PO Box 141 Tewantin QLD 4565 [email protected] Dear Assessment Manager, Submission - Objection to Development Application (Ref: MCU24/0017) 121 Tinbeerwah Road, Tinbeerwah Qld 4563 (Lot 1 on RP168285) 1. We refer to the development application (ref: MCU24/0017) lodged with Noosa Shire Council (Council) on 13 February 2024 purportedly seeking a development permit for a material change of use for a home-based business (yoga studio) (the Development Application). 2. The land the subject of the Development Application is 121 Tinbeerwah Road, Tinbeerwah Qld 4563 (more particularly described as Lot 1 on RP168285) (the Land). We understand that David Hughes owns the Land, and Jennifer Crowcombe operates Suncoast Healing & Yoga (ABN 82 725 123 992) (the Business) on part of the Land (the Premises). 3. We act for Parker Capital Pty Ltd as trustee for Parker Family Trust (Parker Capital). Parker Capital is the owner of 122 Tinbeerwah Road, Tinbeerwah, Qld 4563 (more particularly described as Lot 2 on RP123871), which is opposite the Land. 4. Ms. Crowcombe submitted the following materials with the Development Application: (a) DA Form 1 (Form 1); (b) Cover letter by Jennifer Crowcombe (Crowcombe Letter); (c) Cover letter by David Hughes (Hughes Letter); (d) Site photos (Site Photos); (e) Plans identified as being "site plans" (Purported Site Plans); and (f) Letters of support from the community (Letters of Support). 5. At the outset, we note that Ms. Crowcombe has acknowledged, in the Crowcombe Letter, that she has been operating the Business on the Premises without the necessary planning approvals: Current Issue I have taught evening Yoga classes and offered late appointments for many years, with never a thought that there may have been council codes around this, nor ever had any complaints. On relocating to Tinbeerwah I was offering 2 x evening classes at 6pm, plus added a Saturday morning class and some afternoon yoga workshops to cater for the fulltime workers of the Noosa region. I would offer treatments late on an as needed basis also. Level 28, Riparian Plaza GPO Box 9806 T +61 7 3292 7000 71 Eagle Street Brisbane QLD 4001 F +61 7 3221 9669 Brisbane QLD 4000 www.claytonutz.com L\352889898.1
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Noosa Shire Council 26 March 2024
The Noosa Homebased Business Council Codes were brought to our attention last
September due a neighbour's complaint about scale of the business…
6. Our client has notified the Council on several occasions of the Business’ unlawful use of the
Land and Council has not taken any meaningful action to ameliorate the now admitted
unlawful use being carried out on the Land.
7. In any event, and in summary, Parker Capital objects to the Development Application on the
following grounds:
(a) the operation of the Business does not constitute the use of a 'home-based
business' as defined in the Noosa Plan 2020 (Planning Scheme);
(b) the scope of the Development Application is inconsistent with the current
operations on the Premises;
(c) notwithstanding the above, the Development Application does not comply with the
Home-based Business Code of the Planning Scheme (Home-Based Business
Code); and
(d) there are other deficiencies in the Development Application that warrant refusal
that cannot otherwise be cured (including by way of lawful conditions).
Use of Home-Based Business
8. The use of the Premises for the Business does not, and cannot constitute the use of a 'home-
based business’ as contemplated in the Planning Scheme. This is because:
(a) Mr. Hughes, who our client understands to be the only resident on the Land, does
not operate the Business. Instead, Ms. Crowcombe is using the Land solely for the
Business and does not reside on the Land;
(b) The scope of the Development Application is unclear and inconsistent with the
current operations on the Premises as set out in paragraphs 17 to 37 of this letter;
and
(c) There are other uses occurring on the Land, which we set out in paragraphs 27
and 35. This further points to the fact that the Land is being used for commercial
purposes that are not ancillary to the residential use, and cannot be said to
comprise a 'Home-Based Business'.
9. Schedule 1.1.B of the Planning Scheme defines the term 'home-based business' as
(emphasis added):
the use of a dwelling or domestic outbuilding on premises for a business activity
that is subordinate to the residential use of the premises.
10. Whether the Business is a 'home-based business' turns on whether it is subordinate to the
residential use on the Land. In our client's view, the use of the Premises for the Business is
not subordinate to the residential use on the Land.
11. There is no functional relationship between the business use and the residential use occurring
on the Land. Ms. Crowcombe is not a resident on the Land and operates a commercial
business that is entirely separate to the residential use of the Land by Mr. Hughes.
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Noosa Shire Council 26 March 2024
12. Mr Hughes’ involvement in the Business is a commercial arrangement and a private interest,
mainly relating to the lease of the Premises used by Suncoast Healing & Yoga.
13. While we acknowledge that Mr Hughes signs off as a Partner of the Business in the
Development Application, at the time of this submission, Mr. Hughes is not a registered
individual under ABN 82 725 123 992, nor is he listed on the Suncoast Healing & Yoga
website. The Council should, in our client’s view, look behind the veil instead of relying on
representations that are not supported by the facts and plainly made only to attempt to fit
within Ms Crowcombe’s preferred land use in the Planning Scheme.
14. The relative scale of the two uses (i.e. the Business and the residential use) also points to the
lack of subordinance. It is stated in the Development Application that Mr. Hughes' purported
involvement with the Business is a result of the Business no longer being manageable by only
Ms. Crowcombe. If this statement is taken as true on face value, where the only resident on
the Land is now involved with the Business because of its increased scale, it would instead be
more accurate to assert that the residential use has been subsumed by the business
activities.
15. Furthermore, the Development Application does not seek to merely validate the present
(unlawful) use on the Premises, but goes further by increasing the scale and intensity of the
business use of the Land. In particular:
(a) four out of eight classes as shown in the 'Example Future Yoga Timetable' will be
held after 6pm; and
(b) there are further plans to increase the classes gradually, in excess of the eight
proposed classes.
16. The impacts generated by one person would be minimal, if any, in comparison to the
proposed future operation of the Business on the Premises. Indeed, the Business as it
currently operates is of a scale and intensity which subsumes the residential use of the Land
and has been operated in a way that has impacted the amenity of the immediate locality,
noting the previous complaints made by Parker Capital.
17. Our client therefore opposes the Proposed Development as the use does not constitute a
‘home-based business’ under the Planning Regulation 2017 (Planning Regulations) and, in
turn, the Planning Scheme.
Scope of the Development Application
18. The scope of the proposed development as contained in the Development Application is
inconsistent with the current operations on the Land for several reasons:
(a) the Business does not qualify as a home based business, as defined, for the
reasons stated above;
(b) the Business is more accurately described as multiple defined uses, such as
Indoor sport and recreation, Health care service, and Function facility – discussed
further in this submission below;
(c) the Development Application is impact assessable, rather than code assessable;
and
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Noosa Shire Council 26 March 2024
(d) the Development Application seeks solely to approve the use of a ‘home-based
business’, despite being incorrectly described as such; and that other uses are
occurring on the Premises that are impact assessable and not disclosed in the
Development Application.
19. The uses other and above what is sought by the Development Application have not been
restrained by the Council nor have they, based on our client’s observations, ceased since the
Development Application was made by Ms Crowcombe.
Impact or Code Assessment
20. In Form 1, Ms. Crowcombe indicates that the Development Application is code assessable.
21. Relevantly, the applicable table of assessment for the rural zone (Table 5.5.13 of the Planning
Scheme) provides that a material change of use for a 'home-based business':
(a) accepted development if:
(i) no more than six people would be on the site for business purposes at
any time or where bed and breakfast accommodation, no more than
three guest bedrooms are available for letting;
(ii) retail sales occupy no more than 5m2 of gross floor area
(b) code assessable if:
(i) the use does not involve classes of more than 10 people;
(ii) retail sales occupy no more than 16m2 of gross floor area;
(c) otherwise impact assessable if not meeting the above.
22. While we acknowledge that the Crowcombe Letter states that "the extra classes will also
mean we do not need to go beyond the maximum of 10 students, but rather spread the
students over more class times.", it is doubtful whether the Development Application will
involve classes of less than 10 people. Ms. Crowcombe further states that she will "continue
with my current average of 5-6 hours and 2-4 people per day".
23. In our client's view, the 'Current Yoga Schedule' is understating the number of students and
classes that unlawfully occur on the Premises. Our client has prepared the enclosed activity
log that records the traffic movements into the Premises (Annexure A). This activity log
records up to 15 vehicles that attend the Premises at any given time when the business use is
operating. We understand that on 5 February 2024, Mr Hamill provided an earlier version of
Annexure A to Council.
24. Annexure A directly contradicts Ms. Crowcombe's statements that her current business model
is that she holds classes with an average of 2 to 4 people per day. In particular, the activity log
records that from time to time, there are in excess of 15 vehicles entering and remaining on
the Premises for periods of time.
25. Even after the Development Application was lodged, we understand that large events
continued to be held at the Premises, including an event on 18 February 2024, where at least
20 vehicles were observed by our client as attending the Premises.
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Noosa Shire Council 26 March 2024
26. Either another use is occurring on the site which generates this amount of traffic or this is
inconsistent with the 'Current Yoga Schedule' that Ms. Crowcombe has prepared, where she
says there is a maximum of 10 students in a yoga class.
27. Further to the above, our client has commissioned SLR Consulting (SLR) to undertake
observations of traffic movements at the main site access (signed as ‘Gate 1') to the Land.
Table 1 provides a summary of the maximum accumulation of vehicle observed to be on-site
for various dates (i.e. determined by counting the cumulative number of vehicles entering and
exiting the site).
Table 1 SLR Observations – Number of vehicles on-site at 121 Tinbeerwah Road
Maximum number of vehicles
Day/Date Time
observed on-site
Saturday 23 December 2023 3:23PM 8
Friday 9 February 2024 10:22AM 12
Saturday 10 February 2024 3:16PM 3
Sunday 11 February 2024 8:55AM 4
Friday 23 February 2024 6:16PM 1
Saturday 24 February 2024 7:23PM 2
Sunday 25 February 2024 5:01PM 11
Monday 25 February 2024 10:33AM 4
Friday 1 March 2024 8:51AM 11
Saturday 2 March 2024 9:39AM 2
Sunday 3 March 2024 1:47PM 4
Maximum number of vehicles observed on-site 12
Note, includes observations of part days.
28. Conservatively assuming that each vehicle in Table 1 above each contained only 1
person/occupant (note, this is a very conservative assumption, as some vehicles likely
contained multiple occupants), with reference to the ‘home-based business’ thresholds
detailed at paragraph 21 herein, it is noted that the number of persons on-site exceed the
code assessable development threshold (i.e. maximum of 10 people on-site) on at least three
(3) of the 11 days (including some part days) observed by SLR.
29. On the basis of the above, and in either instance to the matters raised at paragraph 25, even
if the Council consider the Business is a home based business, which we do not, the
Development Application (which contemplates the continuation of the existing use on the
Land) is more likely to be impact assessable as it fails to meet the criteria for accepted
development or code assessment, as listed in Table 5.5.13 of the Planning Scheme.
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30. In the alternative, we note that both Indoor sport and recreation and Health care services are
impact assessable and inconsistent uses in the Rural zone.
31. Inconsistent use is a defined administrative term, as follows:
inconsistent use means the use is strongly inappropriate in the relevant zones because it is
incompatible with other uses generally expected in that zone.
Other uses occurring on the Land
32. Form 1 only applies for a development permit for a material change of use for a home-based
business. There are additional uses taking place on the Land, which the Development
Application does not deal with.
33. In the Hughes Letter, Mr. Hughes states that (emphasis added):
Occasionally the premise is loaned at no cost to both groups and individuals
holding fund raising events for charitable causes.
34. This is a standalone use and is not related to the use of the Land for a purported 'home-based
business'. Subject to further details, the admitted additional use may constitute a 'function
facility' under the Planning Scheme, which is defined as:
the use of premises for—
(a) receptions or functions; or
(b) preparing and providing food and liquor for consumption on the premises as
part of a reception or function.
35. We note that this use does not have a requirement for it to be subordinate to the residential
use. That is, if the premises are used to hold functions, as admitted by Mr Hughes in the
Hughes Letter, it meets this definition in the Planning Scheme.
36. Additionally, Schedule 1.1.1 of the Planning Scheme clusters the use of a function facility into
the 'entertainment activities' activity group, rather than the 'business activities' activity group.
Any material change of use for a function facility is impact assessable in the Rural zone under
Table 5.5.13 of the Planning Scheme. If the applicant wishes to utilise the Land for a function
facility, it needs to obtain a development permit from the Council for that separate land use.
That has not been applied for here.
37. Further evidence of past function facility use of the Premises is available on the Internet
(Annexure B). The fund raising events, where drumming occurs, may also be the cause of
disrupting the noise amenity for the neighbours, which is consistent with the entry on 24
November 2023 of Annexure A. We further consider the impacts to amenity at paragraph 43
of this submission.
38. A 'health care service' use may also be occurring on the site. The Crowcombe Letter states
that:
As the business name indicates, the style of Yoga shared is combined with other
healing modalities and practices to bring about healing to the whole person.
In addition to Yoga classes, I also offer:
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• Therapeutic Massage with magnesium and/or warmed healing stones;
• Reiki Healing Treatments
• Reiki Training Courses
• Emotional Freedom Technique & Matrix Reimprinting
• Group Meditations and Courses
• Yoga Well-being Workshops
39. The Planning Scheme defines 'health care service' as the "use of premises for medical
purposes, paramedical purposes, alternative health therapies or general health care, if
overnight accommodation is not provided on the premises." Arguably, these additional
services constitute a 'health care service'.
40. The land use 'health care service' is clustered into the 'community activities' activity group,
rather than the 'business activities' activity group. Like the function facility, 'health care
services' on the Land is impact assessable in the Rural Zone under Table 5.5.13 of the
Planning Scheme and would require a development permit. As noted above, health care
service is also an inconsistent use in the zone.
41. In addition to the ‘indoor sport and recreation’, 'function facility' and 'health care service' uses,
other business operations appear to be occurring on the Land. Annexure C to this
submission is a photo of signage on the Land taken on 7 February 2024, which indicates the
following businesses occurring:
(a) 'Coconut Groove'
(b) 'Uuluu versatile unique bags'
(c) 'Raintrain Nursery'
42. Further information is required to confirm the scope of the use, and their corresponding use
term under the Planning Scheme. At the very least, this introduces further doubt regarding the
uses occurring on the Land. It also demonstrates that the commercial uses on the Land
comprise the dominant use(s) of the Land, as opposed to the residential use.
43. On the basis of the above, the scope of the Development Application is inconsistent with the
actual activities occurring on the Premises. All these factors, when cumulatively considered,
point to the fact that the Development Application is more likely than not impact assessable
rather than code assessable.
Compliance with the Planning Scheme
44. Notwithstanding all of the above, in our view, the Development Application (i.e. solely for the
‘home-based business’) does not comply with the assessment benchmarks in the Planning
Scheme. Nor could it be conditioned to comply.
45. In particular, the Development Application fails to address the following benchmarks in the
Home-Based Business Code:
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Noosa Shire Council 26 March 2024
Relevant assessment benchmark in the Reasons for non-compliance with
Home-Based Business Code assessment benchmark
The Business has subsumed the residential
use on the Land. The Crowcombe Letter (if
accepted, noting our concerns in paragraph
19 above) indicates that currently, up to 10
students attend the yoga classes. The
Business, as it currently operates, already
generates amenity impacts that our client.
Overall Outcome 2(a) - A home-based Despite this, Ms. Crowcombe seeks to
business is domestic in scale and operates increase the number of classes from 4 to 8
in a manner that is subordinate to the per week. The Hughes Letter indicates that
residential use on the premises. the scale of the Business is no longer
manageable for Ms. Crowcombe and
required Mr. Hughes, the only resident on
the Land, to now be involved with the
Business.
Further to the above, the Business is
separate to, rather than subordinate to, the
residential use of the Premises.
The Business is not compatible with the
preferred character of the local area. Most
of the land surrounding the Land has been
zoned as rural under the Planning Scheme.
This is a deliberate and clear planning intent
Overall Outcome 2(b) - A home-based that the local area is of a very low density
business is compatible with the preferred rural residential character.
character of the local area.
The nature, scale, and activity of the
Business impacts on the rural residential
character and amenity of the zone is in no
way compatible with the very low density
rural character intentions for the area.
Our client is a neighbour to the Land and
Overall Outcome 2(c) - A home-based
would be best placed to state the impacts
business operates without compromising
generated by the Business. The activity log
the safety of, and amenity enjoyed by,
shows repeated instances where our client's
adjoining and nearby residents.
amenity has been compromised.
Ms Crowcombe states that "I believe the
impact to the neighbours of increased
classes and hours would be minimal.
Overall Outcome 2(h) - A home-based Compared to the number of cars that visit
business generates minimal traffic volumes, Mount Tinbeerwah on a daily basis I do not
no greater than those reasonably expected see the extra traffic causing any issues".
in the surrounding area.
Ms Crowcombe has not provided any
material to support these assertions. In any
event, our client's activity logs and
instructions indicate that up to 20 vehicles
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Noosa Shire Council 26 March 2024
attend the Premises for classes, which is
greater than that reasonably expected in the
surrounding area.
Prescribed Outcome 5 - The home-based
The Business operates on a separate part
business is an inconspicuous component of
of the Land to the dwelling that Mr. Hughes
the primary use of the dwelling as a
resides in.
permanent residence.
The Crowcombe Letter states that the hours
of operation for the classes are 9:00am to
7:30pm on weekdays and 9:00am to 6pm
on Saturday. Importantly, the Business does
Prescribed Outcome 8 - The hours of not just offer yoga classes but offers
operation for the home-based business are alternative health care services as outlined
controlled so that the use does not in paragraph 32. These services are by
adversely impact the amenity of neighbours. appointment and it is unclear when these
will occur, particularly where the customer
base of the Business appears to be workers
coming to the business outside of ordinary
business hours of 9:00am to 5:00pm
46. Even if we take the Development Application at its highest and assume (which we do not
accept) the following:
(a) that the proposed use is a 'home-based business'; and
(b) it is more likely than not that a code assessable development application is
required,
if Council was to proceed with its assessment of the Development Application, should not be
approved because the above non-compliances with the Planning Scheme cannot be rectified
and the non-compliances are material.
Deficiencies in the Application
47. There are four deficiencies in the Development Application.
48. First, there is insufficient detail in the Development Application. The common theme that
underpins the Development Application is the purported lack of impact to the amenity of
neighbours. For example:
(a) Ms. Crowcombe states that there are minimal impacts in the Crowcombe Letter:
Due to the quiet nature of our offerings, and all parking on site, I believe the impact
to the neighbours of increased classes and hours would be minimal. Compared to
the number of cars that visit Mount Tinbeerwah on a daily basis I do not see the
extra traffic causing any issues.
(b) Mr. Hughes states that there are no impacts in the Hughes Letter:
Suncoast Healing and Yoga is by its very nature a quiet non-invasive activity which
blends in with and in no way disturbs or impedes on the natural surroundings.
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Noosa Shire Council 26 March 2024
There are only two residences in the area, one is approx…. 160mtrs, and the
second approx.. 275 mtrs from the Yoga building.
(c) The Letters of Support generally state that the yoga class activities create minimal
impact to amenity.
49. In contrast to the purported lack of impact to amenity, Mr. Hamill's activity logs and
instructions indicate that:
(a) classes are held between 7am to 9pm;
(b) between 27 October 2023 and 18 February 2024, 6 to 20 vehicles come into the
property for yoga classes; and
(c) there are a range of impacts between 7am to 9pm, such as visual amenity, noise
and vibrations that Mr Hamill has observed despite Jamie Gordon from Council
previously advising Mr. Hamill that "no audible noise should be heard outside their
property boundary past 5pm."
50. As the Development Application arises out of Mr. Hamill's complaints relating to disturbance of
him and his family's amenity, it would be expected that the application would contain further
detail that goes to:
(a) the scale of the business;
(b) hours of operation (i.e. how do the times of events coincide with the hours of
operation sought by Suncoast Healing & Yoga); and
(c) impacts on traffic amenity and acoustic amenity.
51. Indeed, this uncertainty is demonstrated in Ms. Crowcombe's statement that:
The aim would be to increase the classes gradually over the next 6-12 months
adapting to the needs and feedback of the community.
Our client is concerned that on one hand, the Business requests to intensify the scale and
hours of operation, yet on the other hand, provides no information that deal with the impacts
arising from the increased intensity and scale of the Business such as any mitigation
measures that will be put in place. Where the Development Application arises as a result of
Mr. Hamill's complaint, Suncoast Healing & Yoga should at least address both current and
increased impacts, given that the previous impacts have already affected Mr. Hamill.
52. In this regard, we observe that our client was not approached in any way in relation to the
lodging of the Development Application.
53. Secondly, we note that the Development Application included the Purported Site Plans. The
Purported Site Plans are not site plans, which would allow Council to understand the following
matters (as a non-exhaustive list):
(a) whether the proposed site access, internal circulation and car parking
arrangements meet the relevant design standards and Planning Scheme
requirements;
(b) the location, number and size of proposed car parking spaces; and
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Noosa Shire Council 26 March 2024
(c) size of the yoga studio in comparison to the main dwelling that Mr. Hughes resides
in.
Rather, the Purported Site Plans are merely floor plans of the yoga studio and the Premises
are clearly separate to the residential dwelling. Appropriate site plans should be provided that
depict the whole of the proposed use as it is intended on the Land.
54. Thirdly, the information about provision of car parking spaces on the Premises is ambiguous.
The Crowcombe Letter indicates that there will be "over 10 cars and have included 1 x
disabled, plus staff parking". It is unclear whether a total of 12 car parking spaces are
provided for 10 clients and 2 yoga staff (excluding David Hughes). This uncertainty is
exacerbated given that:
(a) on the basis of Annexure A, 15 to 20 vehicles have attended the site at one time;
and
(b) the Purported Site Plans also outline that a 'large paddock' offers an additional 30
car parking spaces. This is indicative of patrons consistent with the observations
made by SLR, and those in Annexure A.
55. Fourthly, there is no confirmation that all activities of the Business occur indoors, with the
doors closed to control noise, particularly where our client has previously witnessed and
experienced noise generated from the use of drums on the Premises.
56. Given the (lack of) detail as presented in the Development Application, these deficiencies are
unlikely to be able to be sufficiently addressed.
57. For all of the above described reasons, our client opposes to the Development Application in
light of these identified deficiencies, and the other matters outlined above with respect to
(a) the misrepresentation of the use as a Home-Based Business;
(b) the scope of the Development Application; and
(c) non-compliance with the assessment benchmarks in the Planning Scheme
58. This letter will constitute part of the 'common material' for the Development Application under
the Planning Regulations. Accordingly, and pursuant to section 27 of the Planning
Regulations, Council must have regard to this letter when carrying out the assessment of the
Development Application.
59. Our client's submission is that the Development Application is misconstrued for all of the
above described reasons, and cannot be corrected by lawful conditions. The Development
Application should not be recognised as 'properly made' given the inherent issues addressed
in this submission. Alternatively, if Council is inclined to progress its assessment despite the
concerns raised in this submission, a refusal of the Development Application ought to follow,
given that lawful conditions are unavailable to correct its shortfalls.
60. Finally, please be reminded that section 58(1) of the Human Rights Act 2019 (Qld) (Human
Rights Act) makes it unlawful for Council to act in a way that is incompatible with human
rights, or make a decision which fails to give proper consideration to human rights. Any
decision made by Council, which does not properly account for this letter, and the concerns
repeatedly raised by our client, would be contrary to the Human Rights Act. Our client
reserves its rights in this regard.
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Noosa Shire Council 26 March 2024 If you have any queries regarding the above, please do not hesitate to contact us. We would welcome the opportunity to discuss the matter further with Council and our client. Yours sincerely Wendy Evans, Partner Patrick Byrne, Senior Associate +61 7 3292 7590 +61 7 3292 7565 [email protected] [email protected] Your ref MCU24/0017 Our ref 22976/21840/81035400 L\352889898.1
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Annexure A
LOG SHEET
Instructions:
1. When classes held - complete all columns
2. No noise - complete date column only and in column labelled source of noise write “Nil noise”
Date Time of Number of Any Noise How does the noise affect Other comments
Class Vehicles emissions you?
Friday 27.10.2023 9.00am 10 Yes The Traffic noise is not It is breaking the Noosa Plan 2020 Home-
conducive to a low-density rural Based Business Code.
setting, it is disturbing our
tranquil country lifestyle. “Has minimal impact on the environment”
Sunday 29.10.2023 Midday 15 Yes Change in visual aspect of the Impacts what was once a quiet county road
road, busy car park on a quite now has created a regular flow of traffic to
country lane and from the yoga business.
Sunday 05.11.2023 6.00pm 6 Yes We have 4 small children under It is breaking the Noosa Plan 202 Home-
5, the traffic noise interferes Based Business Code
with their sleep patterns “A homebased business is domestic in
scale and operates in a manner that is
subordinate to the residential use on the
premises”
Wednesday 15.11.2023 6.00pm 10 Yes It is making us stressed we are It is breaking the Noosa Plan 2020 Home-
concerned the increase of Based Business Code
traffic will affect the breeding “It has minimal Impact on the environment”
cycles of the bird life around
our peaceful rural
neighbourhood
Level 28, Riparian Plaza GPO Box 9806 T +61 7 3292 7000
71 Eagle Street Brisbane QLD 4001 F +61 7 3221 9669
Brisbane QLD 4000
www.claytonutz.com
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Noosa Shire Council 26 March 2024
Date Time of Number of Any Noise How does the noise affect Other comments
Class Vehicles emissions you?
Saturday 18.11.2023 8.00am 8 Yes The vibrations from the road Is it breaking the Noosa Plan 2020 Home-
from increased traffic noise Based Business Code
wake up our young family “A home-based business operates without
creating sleep disturbance. compromising the safety of, and amenity
enjoyed by, adjoining and nearby
residents”?
Sunday 19.11.2023 9.00am 10 Yes It affects our mental health as The car park is located opposite my
we moved to the country for the driveway it creates dust from increased
rewards of living in a peaceful volume of traffic.
setting.
24.11.2023 7.00pm 10 Yes Drumming Cycle Class, Loud, Very difficult for children to sleep and it
– frightening for small children upset their bedtime routine.
9.00pm
26.11.2023 9.45am 10 Yes Excessive cars in carpark Generated more traffic and traffic noise on
a quiet country rural road.
26.11.2023 5.15pm 15 Yes Yoga Retreat Large number of Not advertised on their website so clearly
cars in car park trying to conceal they are holding large
Yoga retreats.
29.11.2023 9.00am 10 Yes Excessive traffic on quiet Car park completely full
country road
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Noosa Shire Council 26 March 2024
Date Time of Number of Any Noise How does the noise affect Other comments
Class Vehicles emissions you?
1.12.023 9.00am 10 Yes Traffic noise & too many cars Not why you move to the country to see
for a home business makeshift car parks with a commercial
business going on?
2.12.2023 4.13pm 9 Yes The Traffic noise is not It is breaking the Noosa Plan 2020 Home-
conducive to a low-density rural Based Business Code.
setting, it is disturbing our
tranquil country lifestyle. “Has minimal impact on the environment”
2.12.2023 6.17pm 9 Yes It affects our mental health as The car park is located opposite my
we moved to the country for the driveway it creates dust from increased
rewards of living in a peaceful volume of traffic.
setting.
8.12.2023 5.39pm 7 Yes We have 4 small children under Impacts what was once a quiet county road
5, the traffic noise interferes now has created a regular flow of traffic to
with their sleep patterns and from the yoga business
It has bought on an enormous How can you allow it to break the 2020
amount of concern to us as if Noosa Plan? What is the point of creating a
06.01.2024 5.10pm 15 Yes Noosa Council ignore this plan if you are not going to enforce it
home business what is it stop please?
others starting up along this
road
It is the noise and also the How are the able to clear the land here and
visual impairment it has on the make a large makeshift car park? How is
09.01.2024 5.00pm 6 Yes environment that allowed?
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Noosa Shire Council 26 March 2024
Date Time of Number of Any Noise How does the noise affect Other comments
Class Vehicles emissions you?
21.01.2024 5.40pm 12 Yes The vibrations from the road Is it breaking the Noosa Plan 2020 Home-
from increased traffic noise Based Business Code
wake up our young family “A home-based business operates without
creating sleep disturbance. compromising the safety of, and amenity
enjoyed by, adjoining and nearby
residents”?
28.01.2024 11.00am 15 Yes An additional Fifteen Cars This is blatantly breaking the Home-based
along a country road creates Business Rules. This number of cars is not
noise and dust. conducive to a small windy country road.
30.01.2024 5.00pm 8 Yes Traffic noise & too many cars Not why you move to the country to see
for a home business makeshift car parks with a commercial
business going on?
I hereby certify that to the best of my knowledge the above information is true and correct and I understand that the information may be used by Noosa Shire
Council as evidence as required. I am also aware that it is an offence under sections 480 & 481 of the Environmental Protection Act 1994 to provide false or
misleading information or documents.
Name: _________________________________________________________________
Signature: ______________________________________________________________
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Noosa Shire Council 26 March 2024 Date: __________________________________________________________________ Reference: _____________________________________________________________ L\352889898.1
Page 18
Noosa Shire Council 26 March 2024
Annexure B
Refer to the enclosed documents:
• Annexure B - Hanna Furore Events - Eventbrite
• Annexure B - Ripple Hearing Restorative Yoga & Healing Harp - Humanitix.
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Annexure C
Level 28, Riparian Plaza GPO Box 9806 T +61 7 3292 7000
71 Eagle Street Brisbane QLD 4001 F +61 7 3221 9669
Brisbane QLD 4000
www.claytonutz.com
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