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 2         That the Development Application be approved subject to the removal of conditions
           35(c) and (d) of the Negotiated Decision Notice dated 29 November 2016; and
 3         Such further or other orders as the Court deems appropriate.


The grounds of appeal are:
 1        The land:
           (a)     is described as Lot 14 on RP845961;
          (b)      is located at 5 Garnet Street, Coo roy;
          (c)      has an area of approximately 3,035m2; and
          (d)      is located within the Cooroy and Lake Macdonald Locality, and the Business
                   Centre zone of the Noosa Plan 2006.
2         On or about 11 February 2016 the Appellant lodged the Development Application
          with the Respondent.
3         The Development Application was given a Council reference of MCU16/0012.
4         By negotiated decision notice dated 29 November 2016, the Respondent approved
          the Development Application, subject to conditions.
5         The Appellant appeals against conditions 35(c) and (d) of the negotiated decision
          notice as shown in context below:
          Condition 35
          "35.     Stormwater drainage works must be undertaken in accordance with an
                   Operational Works approval. The works must be generally in accordance with
                   Drawing No P002 Rev E - Job No 15087 dated 27/06/2016 and titled
                   Preliminary Stormwater Drainage Layout and Details, prepared by VT
                   Consulting Engineers and must include but not be limited to
                   a.          removal of the redundant sections of the 525mm RCP stormwater
                               drainage pipeline within the site and in the Gamet Street road reserve
                   b.          amendment to the alignment of the proposed 750mm by connecting the
                               new pipeline directly into the existing downstream stormwater manhole
                               on the vehicular crossover for Lot 46 C5602 (No 4 Emerald Street) on
                               the opposite side of Wimmers Lane.
                   c.          Investigation of the capacity and the condition of the existing
                               downstream system to ensure:
                        i.        No adverse impact on operation of the existing stormwater system.
                        ii.       No additional surcharge due to the new stormwater works, or only
                                  controlled surcharge in accordance with the requirements of QUDM.
                        iii.      CCTV investigation and field inspection report of the existing
                                  downstream system extending to Emerald Street must be submitted
                                  to Council to demonstrate that the downstream system is in good
                                  condition and all required repair or improvements works are identified.
                   d.          where necessary, undertake improvement works on the receiving
                               stormwater drainage system to ensure the overall stormwater drainage
                               system functions in accordance with the requirements of QUDM and/or
                               to the satisfaction of Council.




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                    Section a. to c. of this condition is imposed pursuant to s665 of the Sustainable
                    Planning Act 2009 being non-trunk infrastructure.
                   Section d. of this condition is imposed pursuant to s646 of the Sustainable
                   Planning Act 2009 being necessary trunk infrastructure identified by Council's
                   LGIP."
 6         Conditions 35(c) and (d) are:
           (a)     not relevant to, and are an unreasonable imposition on, the development or
                   use of premises as a consequence of the development;
           (b)     not reasonably required in relation to the development or use of premises as a
                   consequence of the development;
           (c)     vague and uncertain; and
           (d)     unenforceable to the extent that they require access to land owned by third
                   parties.
7         In the premises:
          (a)      the Appeal should be allowed; and
          (b)      the Development Application should be approved subject to the removal of
                   conditions 35(c) and (d) of the Negotiated Decision Notice dated 29 November
                   2016.




Signed             cS:~a~:::H1-~AAJl
                   Solicitor for the Appellant




If you are named as a respondent          in this notice of appeal and wish to be heard in this
appeal you must:
(a)    within 10 business days after being served with a copy of this notice of appeal,
       file an entry of appearance in the Registry where this notice of appeal was filed or
       where the court file is kept; and
(b)    serve a copy of the entry of appearance on each other party.
The entry of appearance should be in Form PEC - 5 for the Planning and Environment
Court.
If you are entitled to elect to be a party to this appeal and you wish to be heard in this
appeal you must:
(a)   within 10 business days of receipt of this notice of appeal, file a notice of election
      in the Registry where this notice of appeal was filed or where the court file is kept;
      and
(b)   serve a copy of the notice of election on each other party.
The notice of election should be in Form PEC - 6 for the Planning and Environment
Court.




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