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Attachment 1 - Corrs Letter 24 Feb · MCU13/0251
Attached to the e-mail MCU13/0251 - Peregian Village Market response to information request.
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MLIWETHOM19006-9097326 1 Eagle Street Brisbane OLD 4000 CORRS
GPO Box 9925 OLD 4001 CHAMBERS
Tel (07) 3228 9333 WESTGARTH
Fax (07) 3228 9444
www.corrs.com.au
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24 February 2014
Contact
Tony Scanlon
Wendy Evans (07) 3228 9305
Scanlon Group Email: [email protected]
PO Box 54
Partner
PEREGIAN BEACH OLD 4573 Michael Leong (07) 3228 9474
Dear Tony
Peregian Village Market Development Application
Background
1 We have been instructed that you have lodged with the Noosa Shire Council a
development application over land at 215 David Low Way, Peregian (more
particularly described as Lot 77 on SP231615) (Land). The development
application is seeking a development permit for a material change of use - Retail
Business Type 2 (Shop, Entertainment and Dining Business), Type 1 (Food and
Beverages) and Commercial Type 1 (Office) (Application). The Application has
been given a Council reference "MCU 13/0251".
2 The Council has asked how the Application will relate to an existing but not yet
exercised development approval issued with respect to the Land (Existing
Approval). The Existing Approval was recently changed by the Planning and
Environment Court (in Originating Application No. 4139 of 2013) - and is for a
development permit for a material change of use - Visitor Accommodation Type 4
(Conventional), Commercial Business Type 1 (Office), Retail Business Type 2
(Shop and Salon) and Entertainment and Dining Business Type 1 (Food and
Beverages) .
3 In particular the information request issued by the Council on 31 January 2014
states "Given the current development approval and the zone's intent for visitor
accommodation on the site, as well as ascertaining the feasibility of the site
access, circulation facilities (light vehicles, service vehicles and pedestrians),
stormwater drainage and servicing arrangements resulting from the proposed
development, Council will need to consider the overall development potential of
the site".
Advice
4 The Application, being a development application entirely independent of the
Existing Approval in terms of its nature and function, is subject to impact
assessment. It must be assessed on its own merit and in accordance with the
assessment rules under the Sustainable Planning Act 2009 (SPA).
10505163/3
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24 February 2014
Scanlon Group
..
Peregian Village Market Development Application
5 In assessing the Application:
(a) The Existing Approval is relevant in that the Council must have 'regard' to it
(section 314(3)(b) of the SPA);
(b) However, the Existing Approval, which as stated earlier has not yet been
exercised, is not one of the assessment criteria which must be considered
for impact assessable development (section 314(2) of SPA);
(c) The Existing Approval is consequently not a relevant ground to refuse the
Application.
6 In summary, we do not believe that the Existing Approval is a legal obstacle to the
Council approving the Application.
Yours faithfully
Corrs Cham rs Westgarth
Michael Leong
Partner
10505163/3 page 2
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Attachment 1 - Corrs Letter 24 Feb.pdfRelated documentApplication case desk ↗
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