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which they deserve to be protected. It cannot be in the public interest to invite trouble of this nature
within meters of a school where children have the right to learn in peace and be safe.

2. PROPOSED SERVICE STATION DOES NOT ACCORD WITH OBJECTIVES THE NOOSA PLAN:
Under the Sustainable Planning Act 2009 the assessment manager's decision must not conflict with a
relevant instrument, unless there are there are sufficient public interest grounds to justify the decision,
despite the conflict. The Assessment manager can consider the negative effects of a proposal on
matters of public interest.

The Development is in conflict with the Noosa Plan and its derivatives the Noosaville Locality Code and
Overall Outcomes for the Noosaville Locality, in that the proposed New Use on a property does not
avoid significant adverse impacts on, and indeed compromises, the amenity enjoyed by the users of the
School including in particular the school children as well as users of other premises in the adjoining
Community Services, Housing and Open-space Recreation Zone.

While it is acknowledged that a service station is a consistent development in the Industry zone, we
draw attention to table 14-15 of the Noosa Plan, which laces restrictions on the siting of a service
station. The Objectives set out in the Plan state that the specific outcomes required for a service station
development are:

        076 - Service stations are located ONLY where they are compatible with the existing and
        proposed amenity and development of a neighbourhood and where they are appropriate given
        the existing or likely future traffic movements in the area; AND

        O80 - Buildings, structures, driveways, tanks and fuel bowsers are sited (c) to provide adequate
        separation to adjoining land uses; and (d) not cause an environmental nuisance to neighbouring
        properties.

The proposed Development is neither compatible with the existing and proposed amenity and
development of the School and surrounding neighbourhood NOR is it appropriate given the existing or
likely future traffic movements in the area.

Furthermore the tanks and fuel bowsers are proposed to be sited such that they DO NOT to provide
adequate separation to the adjoining School AND are likely to cause an environmental nuisance to the
School and neighbouring properties. The Assessment Manager must, particularly in relation to young
children and where scientific understanding is yet incomplete, take due consideration of the
precautionary principle and consider the possible risks to make a decision that is not in any way harmful.
In the absence of scientific consensus that the Development is not harmful, the burden of proof that it is
not harmful falls on the Developer and the Property Owner. Neither has satisfied that burden of proof.

Emissions from petrol stations are widely acknowledged to contain compounds harmful to health,
including, toluene, xylenes; and benzene which is a known health risk and carcinogen. Exposure to




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