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

The Development Application

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In January 2017 the Appellant lodged the Development Application with the
Respondent.

In March 2017 the Appellant changed their proposal to include an indoor play centre.
That use has now been removed from the Appellant’s current proposal.

The Development Application was referred to the then Department of Infrastructure,
Local Government and Planning in respect of referral trigger “Schedule 7, Table 2, Item
15A - Railways”.

On 3 April 2017 the Department issued a concurrence agency response stating: “The
Department has no response in relation to the proposal”.

In response to the Respondent’s information request, the Appellant produced a traffic
report by Road Pro Engineering dated 7 August 2017.

Further investigations have been undertaken by the Appellant to address the
Respondent’s concerns regarding traffic.

The Development Application was publicly notified and 3 properly made submissions
were lodged with the Respondent.

On 20 September 2018, the Respondent decided to refuse the Development
Application. The reasons for refusal are as follows:

a) The proposed development is an inconsistent use in the Rural Zone and the
increase in traffic on Marara Street from the proposed development is not
contemplated by The Noosa Plan.

b) The proposed development is contrary to the Transport, Roads and Drainage
Code as the development will compromise the capacity and safety of Marara
Street.

c) The current condition of Marara Street is not capable of safely accommodating
any increase in traffic from the proposed development and a satisfactory
solution has not been identified to address the constrained sections of Marara
Street given the current road formation and environmental constraints.

d) A number of properly made submissions have been received raising valid
grounds of objection.

The decision was notified to the Appellant by way of a Decision Notice dated
21 September 2018.

Assessment of the Development Application

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The Development Application was assessed and decided by the Respondent under the
Sustainable Planning Act 2009. As the appeal was filed after commencement of the
Planning Act 2016 on 3 July 2017, the Court must assess and decide the Development
Application under the Planning Act 2016.