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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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Our reference                                               Waterfront Place
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
Full text of the other 1 page

Page 2

                                                                                     -
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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