2024.03.26 - Parker Capital Submission - Final

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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