Attachment 1 - Corrs Letter 24 Feb · MCU13/0251

                                                                                     -
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




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