2024.03.26 - Parker Capital Submission - Final

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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