2024.03.26 - Parker Capital Submission - Final

Noosa Shire Council                                                                      26 March 2024


            Relevant assessment benchmark in the          Reasons for non-compliance with
            Home-Based Business Code                      assessment benchmark

                                                          The Business has subsumed the residential
                                                          use on the Land. The Crowcombe Letter (if
                                                          accepted, noting our concerns in paragraph
                                                          19 above) indicates that currently, up to 10
                                                          students attend the yoga classes. The
                                                          Business, as it currently operates, already
                                                          generates amenity impacts that our client.

            Overall Outcome 2(a) - A home-based           Despite this, Ms. Crowcombe seeks to
            business is domestic in scale and operates    increase the number of classes from 4 to 8
            in a manner that is subordinate to the        per week. The Hughes Letter indicates that
            residential use on the premises.              the scale of the Business is no longer
                                                          manageable for Ms. Crowcombe and
                                                          required Mr. Hughes, the only resident on
                                                          the Land, to now be involved with the
                                                          Business.

                                                          Further to the above, the Business is
                                                          separate to, rather than subordinate to, the
                                                          residential use of the Premises.

                                                          The Business is not compatible with the
                                                          preferred character of the local area. Most
                                                          of the land surrounding the Land has been
                                                          zoned as rural under the Planning Scheme.
                                                          This is a deliberate and clear planning intent
            Overall Outcome 2(b) - A home-based           that the local area is of a very low density
            business is compatible with the preferred     rural residential character.
            character of the local area.
                                                          The nature, scale, and activity of the
                                                          Business impacts on the rural residential
                                                          character and amenity of the zone is in no
                                                          way compatible with the very low density
                                                          rural character intentions for the area.

                                                          Our client is a neighbour to the Land and
            Overall Outcome 2(c) - A home-based
                                                          would be best placed to state the impacts
            business operates without compromising
                                                          generated by the Business. The activity log
            the safety of, and amenity enjoyed by,
                                                          shows repeated instances where our client's
            adjoining and nearby residents.
                                                          amenity has been compromised.

                                                          Ms Crowcombe states that "I believe the
                                                          impact to the neighbours of increased
                                                          classes and hours would be minimal.
            Overall Outcome 2(h) - A home-based           Compared to the number of cars that visit
            business generates minimal traffic volumes,   Mount Tinbeerwah on a daily basis I do not
            no greater than those reasonably expected     see the extra traffic causing any issues".
            in the surrounding area.
                                                          Ms Crowcombe has not provided any
                                                          material to support these assertions. In any
                                                          event, our client's activity logs and
                                                          instructions indicate that up to 20 vehicles




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