2024.03.26 - Parker Capital Submission - Final

Noosa Shire Council                                                                          26 March 2024


                                                             attend the Premises for classes, which is
                                                             greater than that reasonably expected in the
                                                             surrounding area.

            Prescribed Outcome 5 - The home-based
                                                             The Business operates on a separate part
            business is an inconspicuous component of
                                                             of the Land to the dwelling that Mr. Hughes
            the primary use of the dwelling as a
                                                             resides in.
            permanent residence.

                                                             The Crowcombe Letter states that the hours
                                                             of operation for the classes are 9:00am to
                                                             7:30pm on weekdays and 9:00am to 6pm
                                                             on Saturday. Importantly, the Business does
            Prescribed Outcome 8 - The hours of              not just offer yoga classes but offers
            operation for the home-based business are        alternative health care services as outlined
            controlled so that the use does not              in paragraph 32. These services are by
            adversely impact the amenity of neighbours.      appointment and it is unclear when these
                                                             will occur, particularly where the customer
                                                             base of the Business appears to be workers
                                                             coming to the business outside of ordinary
                                                             business hours of 9:00am to 5:00pm


46.        Even if we take the Development Application at its highest and assume (which we do not
           accept) the following:

           (a)        that the proposed use is a 'home-based business'; and

           (b)        it is more likely than not that a code assessable development application is
                      required,

           if Council was to proceed with its assessment of the Development Application, should not be
           approved because the above non-compliances with the Planning Scheme cannot be rectified
           and the non-compliances are material.

           Deficiencies in the Application

47.        There are four deficiencies in the Development Application.

48.        First, there is insufficient detail in the Development Application. The common theme that
           underpins the Development Application is the purported lack of impact to the amenity of
           neighbours. For example:

           (a)        Ms. Crowcombe states that there are minimal impacts in the Crowcombe Letter:

                      Due to the quiet nature of our offerings, and all parking on site, I believe the impact
                      to the neighbours of increased classes and hours would be minimal. Compared to
                      the number of cars that visit Mount Tinbeerwah on a daily basis I do not see the
                      extra traffic causing any issues.

           (b)        Mr. Hughes states that there are no impacts in the Hughes Letter:

                      Suncoast Healing and Yoga is by its very nature a quiet non-invasive activity which
                      blends in with and in no way disturbs or impedes on the natural surroundings.




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