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MCU14-0106 Submission
Attached to the e-mail MCU14/0106 Submission PM Support - Grant Holloway.
Notice of Submission under the
Sustainable Planning Act 2009
2015/16
To ensure your submission is properly made you must ensure that:
1. be made to the assessment manager
2. be in writing
3. be signed by each person who made the submission unless the submission is made electronically
4. state the name and residential or business address of each person who made the submission
5. state what aspects of the plan or proposed development your support or oppose and why
6. be received by Council during the formal public notification period
As required by the Sustainable Planning Act, all submissions, including individual details, are published on Council’s website and
therefore will be accessible to internet search engines. All submissions are published, irrespective of whether or not they are properly
made.
1. Application details
File No MCU14/0106
Postal address of Land (as advertised) 28 Eenie Creek Rd Noosaville
Nature of Proposed Development: Noosa Civic Expansion
2. Submitter details
Full name of Submitter: Grant Holloway
Email Address: [email protected]
Postal address: 42 Saltwater Avenue
Suburb: Noosaville State Queensland Postcode 4566
Signature(s)
N.B. This form has been designed for the convenience of the public, and any persons wishing to lodge a submission are not obliged to use this form.
3. Details of Submission
I make the following submission:
With respect to the development application MCU14/0106, I appeal to Noosa Council to properly assess the
application in the context of legal planning principles established in the interpretation of planning law. The
recent trend of Noosa Council positions and decisions being based on what might be termed “protectionist”
philosophies with respect to existing local businesses and matters of commercial competition has gone
beyond the accepted scope that may be considered in planning matters. Although it may at first sight appear
to be well intentioned it is ultimately infringing on the reasonable expectations and rights of residents in Noosa
to have a diverse full range of retail services in proximity to where they live. I would also comment as a
previous business owner in the Noosa tourism industry that that experience indicates that this need extends to
our regional tourism visitors.
The applicant has presented a comprehensive retail needs analysis in their original application and the
information request updates. I absolutely endorse their analysis and conclusions with respect to needs and
gaps in the market, levels of escape spending and their comments from the original needs assessment in
Section 7.1 about the planning principles that apply:
“7.1 Consumer Needs
As a result of numerous cases throughout Australia and overseas that relate to retail developments and centre
expansion plans, the following represents an appropriate principle to apply when considering the strategic
merits of a retail development application:
• The residents of an area should be provided with the broadest range of conveniently located retail facilities and
services that a market can support, at the earliest possible time without jeopardising the sustainability of other
centres in the network which are adequately fulfilling consumer needs.
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It is relevant to note that this principle is consistent with Activity Centre based planning policies, national
competition policy and the precedent set in the famous KFC v Ganditis (1979) High Court case.
In KFC v Ganditis the High Court ruled that the threat of competition to existing business, if not accompanied
by a prospect of a resultant overall adverse effect upon the extent and adequacy of facilities available to a
local community will not be a relevant town planning consideration.
Clearly while growth in a market is also important in determining changes in the adequacy of facilities over
time, it is also essential to understand whether latent, unsatisfied demand exists and whether there are gaps in
the market that can be filled without reliance on growth.”
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