2024.03.26 - Parker Capital Submission - Final

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.




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