Show Cause Notice - Beach Chalet

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.