2024.03.26 - Parker Capital Submission - Final

Noosa Shire Council                                                                             26 March 2024


                      •           Therapeutic Massage with magnesium and/or warmed healing stones;

                      •           Reiki Healing Treatments

                      •           Reiki Training Courses

                      •           Emotional Freedom Technique & Matrix Reimprinting

                      •           Group Meditations and Courses

                      •           Yoga Well-being Workshops

39.        The Planning Scheme defines 'health care service' as the "use of premises for medical
           purposes, paramedical purposes, alternative health therapies or general health care, if
           overnight accommodation is not provided on the premises." Arguably, these additional
           services constitute a 'health care service'.

40.        The land use 'health care service' is clustered into the 'community activities' activity group,
           rather than the 'business activities' activity group. Like the function facility, 'health care
           services' on the Land is impact assessable in the Rural Zone under Table 5.5.13 of the
           Planning Scheme and would require a development permit. As noted above, health care
           service is also an inconsistent use in the zone.

41.        In addition to the ‘indoor sport and recreation’, 'function facility' and 'health care service' uses,
           other business operations appear to be occurring on the Land. Annexure C to this
           submission is a photo of signage on the Land taken on 7 February 2024, which indicates the
           following businesses occurring:

           (a)        'Coconut Groove'

           (b)        'Uuluu versatile unique bags'

           (c)        'Raintrain Nursery'

42.        Further information is required to confirm the scope of the use, and their corresponding use
           term under the Planning Scheme. At the very least, this introduces further doubt regarding the
           uses occurring on the Land. It also demonstrates that the commercial uses on the Land
           comprise the dominant use(s) of the Land, as opposed to the residential use.

43.        On the basis of the above, the scope of the Development Application is inconsistent with the
           actual activities occurring on the Premises. All these factors, when cumulatively considered,
           point to the fact that the Development Application is more likely than not impact assessable
           rather than code assessable.

           Compliance with the Planning Scheme

44.        Notwithstanding all of the above, in our view, the Development Application (i.e. solely for the
           ‘home-based business’) does not comply with the assessment benchmarks in the Planning
           Scheme. Nor could it be conditioned to comply.

45.        In particular, the Development Application fails to address the following benchmarks in the
           Home-Based Business Code:




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