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Show Cause Notice - Beach Chalet
Attached to the e-mail Entertainment & Dining Business Type 1 Food & Beverage - MCU18/0040.
ete! jefe] NOOSA COUNCIL Officer: Michael Cantori Telephone: 5329-6235 Email: [email protected] Our Reference: COM17/0393 Your Reference: COM17/0393 28th November 2017 Attention: William Peter Lillecrapp & Yu-Hsi Pai White-Lille Pty Ltd T/A Beach Chalet 18/53 Banksia Avenue NOOSA HEADS QLD 4567 William. [email protected] Dear Sir / Madam, Show Cause Notice Planning Act 2016 Council has previously written to you and provided you additional time regarding the non- complying use of the Beach Chalet Cafe at 11/1 Tingira Crescent, Sunshine Beach. Your responses have provided no commitment towards satisfactorily resolving the unlawful use, non-compliance of the approval and the breach of the planning scheme. Therefore, Council proposes to issue an Enforcement Notice to you under the Planning Act (“the Act”) for the reasons outlined in Section 3 of this Show Cause Notice, unless sufficient cause is shown by the time stated in Section 4 of this Show Cause Notice, as to why that action should not be taken. 1. THIS SHOW CAUSE NOTICE IS ISSUED TO Name: William Peter Lillercrapp and Yu-Hsi Pai. White-Lillie Pty Ltd T/A Beach Chalet Address: 18/53 Banksia Ave, Noosa Heads QLD 4567 2. CONCERNING PREMISES AT Real property Lot 11 SP 112633 description: Address: 11/1 Tingira Crescent, SUNSHINE BEACH QLD 4567 Owner/s Hobart Properties & Securities Ptd Ltd. 3. | REASONS FOR AN ENFORCEMENT NOTICE On 10th October 2017 Council received a complaint in relation to the premises identified in Section 2 above being used with more than 10 seats and not complying with the definition of a Shop (General Store) which allows for dining facilities for up to 10 people. An inspection of the site confirmed that there are approximately 40 seats. NOOSA COUNCIL PO Box 141 P. (07) 5329 6500 [email protected] ABN: 97 969 214 121 TEWANTIN QLD 4565 F. (07) 5329 6501 www.noosa.qid.gov.au
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The Beach Chalet Café with more than 10 seats is not a Shop and is defined under The Noosa Plan as Entertainment and Dining business Type 1 Food & beverages. Under The Noosa Plan, the site is zoned Attached Housing. In the Attached Housing zone an Entertainment and Dining business Type 1 Food & beverages requires an Impact Assessable Development Permit for Material Change of Use. The seating has been increased to accommodate approximately 40 seats without a Development Permit for Material Change of Use for Entertainment and dining business type 1 Food & beverages. Therefore, the use is currently operating in breach of the Noosa Plan and contrary sections 163 and 165 of the Act. Accordingly, Council contends that you have committed (and continue to commit) offences for which it may prosecute you. The maximum penalty for such offences is 4,500 penalty units. You are furthermore invited to show cause why an Enforcement Notice should not be issued under section 168 of the Act. If you do not show cause, Council through an Enforcement Notice, may require you to. take action set out in section 168(2) of the Act, including (but not limited to):- 1. Comply with the conditions of the Shop (General Store) approval limiting the seats to be a maximum of 10 and/or; 2. Lodge an Impact Assessable development application to seek approval for the use —Entertainment and Dining Business — Type 1 Food & Beverages. If you wish to avoid immediate prosecution, or service of an Enforcement Notice you MUST make representations as detailed in Part 4 of this Notice within the specified time. 4. REPRESENTATIONS CONCERNING THIS SHOW CAUSE NOTICE You may make representations to show cause why an Enforcement Notice should not be given. These representations should be made in writing and signed by the person to whom this Show Cause Notice is issued. The representations must be made by Friday, 5th January 2018 and sent to: Chief Executive Officer Noosa Council PO Box 141, TEWANTIN QLD 4565 tion: Michael Cantori. ([email protected]) Id you have any further queries in relation to the above, please contact me on the above er. Acting Manager, Planning & Environment ce: Hobart Properties & Securities Pty Ltd, 222 Denholms Road, CAMBRIDGE TAS 7170.