2024.03.26 - Parker Capital Submission - Final

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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