2024.03.26 - Parker Capital Submission - Final

Noosa Shire Council                                                                       26 March 2024


26.        Either another use is occurring on the site which generates this amount of traffic or this is
           inconsistent with the 'Current Yoga Schedule' that Ms. Crowcombe has prepared, where she
           says there is a maximum of 10 students in a yoga class.

27.        Further to the above, our client has commissioned SLR Consulting (SLR) to undertake
           observations of traffic movements at the main site access (signed as ‘Gate 1') to the Land.
           Table 1 provides a summary of the maximum accumulation of vehicle observed to be on-site
           for various dates (i.e. determined by counting the cumulative number of vehicles entering and
           exiting the site).

           Table 1  SLR Observations – Number of vehicles on-site at 121 Tinbeerwah Road
                                                              Maximum number of vehicles
            Day/Date                        Time
                                                                     observed on-site

            Saturday 23 December 2023                  3:23PM                        8

            Friday 9 February 2024                     10:22AM                      12

            Saturday 10 February 2024                  3:16PM                        3

            Sunday 11 February 2024                    8:55AM                        4

            Friday 23 February 2024                    6:16PM                        1

            Saturday 24 February 2024                  7:23PM                        2

            Sunday 25 February 2024                    5:01PM                       11

            Monday 25 February 2024                    10:33AM                       4

            Friday 1 March 2024                        8:51AM                       11

            Saturday 2 March 2024                      9:39AM                        2

            Sunday 3 March 2024                        1:47PM                        4

            Maximum number of vehicles observed on-site                             12

           Note, includes observations of part days.

28.        Conservatively assuming that each vehicle in Table 1 above each contained only 1
           person/occupant (note, this is a very conservative assumption, as some vehicles likely
           contained multiple occupants), with reference to the ‘home-based business’ thresholds
           detailed at paragraph 21 herein, it is noted that the number of persons on-site exceed the
           code assessable development threshold (i.e. maximum of 10 people on-site) on at least three
           (3) of the 11 days (including some part days) observed by SLR.

29.        On the basis of the above, and in either instance to the matters raised at paragraph 25, even
           if the Council consider the Business is a home based business, which we do not, the
           Development Application (which contemplates the continuation of the existing use on the
           Land) is more likely to be impact assessable as it fails to meet the criteria for accepted
           development or code assessment, as listed in Table 5.5.13 of the Planning Scheme.




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