Request to Amend Application and Response to Council's Information Request · MCU14/0009

Reasons for Approval Despite the Conflict with the Scheme.
Section 326(1)(b) of the Sustainable Planning Act 2009 states that the assessment
manager’s decision must not conflict with the Planning Scheme, unless there are sufficient
grounds to justify the decision, despite the conflict. The Retail Business use is identified as
an inconsistent use on the proposed site.

In response to Item 1 of Council’s Information Request, we hereby apply to amend the
existing application to remove the retail business component, and propose to convert the
previously applied for Shop (Type 2 Retail Business) to Light Industry (Type 2 Industrial
Business), as demonstrated by the amened Site Plan prepared by Brad Read Design
Group, included within Appendix A of this response.

Our request to amend the existing application ensures that the Overall Outcomes for the
Mary River Catchment Locality, in retaining Pomona’s role as an important rural service
centre, are upheld.

Information Required
2. Please provide at least three succinct reasons for approval of the proposed
     development, despite this conflict with the Noosa Plan.

In response to Item 2 of Council’s Information Request, we hereby apply to amend the
existing application to remove the proposed retail business component, and propose to
convert the previously applied for Shop (Type 2 Retail Business) to Light Industry (Type 2
Industrial Business), as demonstrated by the amened Site Plan prepared by Brad Read
Design Group, included within Appendix A of this response. Accordingly, the proposed
development is no longer in conflict with the Noosa Plan, and for this reason the proposal
should be supported by Council.

Flooding and Drainage

Issue
The proposed development of the site has the potential to be impacted upon by flooding
and to create additional flooding on the adjoining property. The submitted report suggests
that the issue is overcome by having the new buildings on stumps/piers with the floor level
at the same level as the adjoining theatre building. It is noted that the building plans
included “concrete block fire walls” which extend from ground level to roof level. The
submitted report makes no comment on the potential effects of the proposed “concrete
block fire walls”.

Information Required
3. Provide additional detail and comment from a suitably qualified person (RPEQ) in
     regard to the potential flooding impacts on the adjoining property created by the
     proposed buildings.

In response to Item 3 of Council’s Information Request, please refer to Tod Consulting’s
Technical Notes included within Appendix B of this response, which stipulates:

The proposed buildings are to be constructed on stumps. These elevated structures will
avoid the impedance of flood waters within the site, as stated in Section 1.1 of the
Stormwater Management Plan prepared by Aqualntel (included within Appendix C of this
response).

Tod Consulting understand the concrete block fire walls will be removed below the
proposed floor level. Therefore, Tod Consulting deemed that a flood study was not
necessary for the site.