2024.03.26 - Parker Capital Submission - Final

Noosa Shire Council                                                                            26 March 2024


30.        In the alternative, we note that both Indoor sport and recreation and Health care services are
           impact assessable and inconsistent uses in the Rural zone.

31.        Inconsistent use is a defined administrative term, as follows:

           inconsistent use means the use is strongly inappropriate in the relevant zones because it is
           incompatible with other uses generally expected in that zone.

           Other uses occurring on the Land

32.        Form 1 only applies for a development permit for a material change of use for a home-based
           business. There are additional uses taking place on the Land, which the Development
           Application does not deal with.

33.        In the Hughes Letter, Mr. Hughes states that (emphasis added):

                      Occasionally the premise is loaned at no cost to both groups and individuals
                      holding fund raising events for charitable causes.

34.        This is a standalone use and is not related to the use of the Land for a purported 'home-based
           business'. Subject to further details, the admitted additional use may constitute a 'function
           facility' under the Planning Scheme, which is defined as:

                      the use of premises for—

                      (a) receptions or functions; or

                      (b) preparing and providing food and liquor for consumption on the premises as
                      part of a reception or function.

35.        We note that this use does not have a requirement for it to be subordinate to the residential
           use. That is, if the premises are used to hold functions, as admitted by Mr Hughes in the
           Hughes Letter, it meets this definition in the Planning Scheme.

36.        Additionally, Schedule 1.1.1 of the Planning Scheme clusters the use of a function facility into
           the 'entertainment activities' activity group, rather than the 'business activities' activity group.
           Any material change of use for a function facility is impact assessable in the Rural zone under
           Table 5.5.13 of the Planning Scheme. If the applicant wishes to utilise the Land for a function
           facility, it needs to obtain a development permit from the Council for that separate land use.
           That has not been applied for here.

37.        Further evidence of past function facility use of the Premises is available on the Internet
           (Annexure B). The fund raising events, where drumming occurs, may also be the cause of
           disrupting the noise amenity for the neighbours, which is consistent with the entry on 24
           November 2023 of Annexure A. We further consider the impacts to amenity at paragraph 43
           of this submission.

38.        A 'health care service' use may also be occurring on the site. The Crowcombe Letter states
           that:

                      As the business name indicates, the style of Yoga shared is combined with other
                      healing modalities and practices to bring about healing to the whole person.

                      In addition to Yoga classes, I also offer:




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