2024.03.26 - Parker Capital Submission - Final

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.




L\352889898.1