132003.220886.3 - Response to Council's FA

The proposed use incurs additional car parking spaces in accordance with the Driveways and Parking
Code, Table 9.4.1.4.
1.       Outline and identify on a plan the number of car parking spaces dedicated to boat storage, staff and
         customer parking.

2.       Provide additional documentation to demonstrate compliance with the Driveways and Parking Code,
         Table 9.4.1.4 of the Noosa Plan i.e. one space per 20m² of use area.


Applicant’s Response

The development application lodged to Noosa Council was for a Minor Change to the Conditions specified
within the Decision Notice 132003.220886.2, dated 26 May 2014. The uses approved by the Decision Notice
are Indoor and Outdoor Entertainment, Jetties and Boat Ramp.

The Minor Change development application relates specifically to these approved uses and the definitions
as listed in the Decision Notice. Whilst Council can consider the intent of Noosa Plan 2020’s, Council cannot
change the approved uses and their definitions for the purposes of a Minor Change development
application. The development application lodged is seeking to amend (Minor Change) the Conditions
specified in the Decision Notice. No new uses are proposed and thus no new uses or their definitions are
relevant to this change application.

The Noosa Yacht and Rowing Club (NYRC) has a long history and acceptance by Council with the car
parking area being utilised for vehicle and marine craft parking. The NYRC, with the ability to store their
craft in the car park, provides a large range of community-based activities. The NYRC sailing programs
deliver sailing to more than 300 children and adults each week. The use of the car park has never been an
issue raised by Council previously.

In response to the advised required by Council :-

1.   Refer to Attachment 1 which identifies the vehicle, marine craft and motorcycle/scooter parking spaces
     available on site. There are 45 x vehicle and marine craft parking spaces and 2 x motorcycle/scooter
     parking spaces on site.

2.   As stated above, compliance against the Noosa Plan 2020 and Driveways and Parking Code is not
     relevant. The development application lodged to Council was for a Minor Change to the Conditions
     contained within the Decision Notice. The proposed amendments specially related to Condition 1 and
     Condition 4, and the assessment of the proposed amendments is to be against the Decision Notice and
     the planning scheme in effect (Noosa Plan 2006). No new uses are proposed, and the proposal does not
     result in a substantially different development.

     Nonetheless, the PO6 of the Driveways and Parking Code (Parking and Manoeuvring Table 9.4.1.3) of the
     Noosa Plan 2020 states the following:

             Sufficient parking
             (a) is provided having regard to the specifics of the use including—
                 (i)     the type and intensity of land use;

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