Notice of Appeal (Sealed) 18Oct2018 · MCU17/0005

e) a monetary contribution of $5,500 towards an intersection upgrade for Marara
Street/Mary River Road; and

f) provision of a total of 25 onsite car parks.

9. Those conditions have been complied with.

10. The church currently has a regular church service on Sundays from 9:30am — 1:00pm,
where up to 70 people typically attend (with an approved capacity of 250 people); and
a music lesson on Thursday evenings from 7:00 — 8:00pm, with 4 people attending.

Surrounding Land Uses

11. Residential development is located opposite the Land and on the other side of the rail
line.

12. Apart from a rural property with a house located approximately 150m from the
northernmost paintball field, there is only one other nearby rural property.

13. A residential dwelling house is built on land at number 49 Marara Street,
approximately 550m to the south from the southernmost paintball field.

Noosa Plan adopted on 28 October 2016 (replaced by the version adopted on 8 June 2018)
and the South East Queensland Regional Plan 2009 — 2031 (replaced by Shaping SEQ —
South East Queensland Report Plan 2017 adopted on 11 August 2017)

14. The Land is located in:

a) the Rural zone and Cooroy & Lake MacDonald Locality under both versions of
the Noosa Plan, and is subject to the following overlays under that Plan:

i. Biodiversity Overlay — Environment Protection Area and Riparian Buffer;

ii. Natural Hazard Overlay — Flooding and Bushfire (Potential Buffer and High
Potential); and

iii. Koala Habitat Areas Overlay — Remnant Habitat.
b) the Urban Footprint under both versions of the SEQ Regional Plan.

15. Under the Noosa Plan:

a) the proposed use falls within the definition of “Entertainment and dining
business - Type 2 Recreation, amusement and fitness”, within the primary use of
“Business Uses”; and is an inconsistent use in the Rural zone;

b) making a material change of use of premises for the proposed use in the Rural
zone is impact assessable development, requiring public notification and the
issue of a development permit.