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Attachment 7 - Statement to the Court · RAL20/0005

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 In the Planning and Environment Court                            No D30 of 2019
 Held at Brisbane
 Between:         SARA MARIE TRITTON &                            Appellants
                  PETER JOHN CAMERON LOXTON
 And:             NOOSA COUNCIL                                   Respondent


                              STATEMENT TO COURT


The parties make the following statement to the Court on the record:


1.      Council’s view is that:


        (a)    The subject development application proposes “development” that has not
               been properly applied for; namely, the application ought to have also
               sought approval for an MCU– this gives rise to a “piecemeal” concern;


        (b)    The Appellants have proposed conditions to reflect “Option 1” for the
               ROL and the Council accepts that the works contemplated by those
               conditions would resolve the Council’s concerns for the ROL; but


        (c)    Until the “piecemeal” issue is resolved, Council cannot support an
               approval of the ROL, including because the limited nature of the subject
               application (ROL only) impedes, in the Council’s view, the ability to
               formulate lawful conditions for all aspects of the development;


        (d)    If the Council’s “piecemeal” issue (including its contentions about
               conditions as part of the piecemeal issue) is determined in the Appellants’
               favour, the ROL can be conditioned to comply with assessment
               benchmarks for the ROL.


2.      The Appellants:


        (a)    Do not concede that the subject development application is “piecemeal”;
               but
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Page 2

     (b)    To allay Council’s concerns, are prepared to lodge a fresh development
            application for a combined material change of use and reconfiguration of
            lot;


     (c)    The Appellants’ proposal to lodge a fresh DA is without prejudice to the
            Appellants’ rights – if desired by the Appellants in due course – to have
            the current Appeal determined on the basis of resolution of the
            “piecemeal” issue and then, if that issue is decided in the Appellants’
            favour, determination of appropriate conditions of approval for the ROL
            alone.


3.   On the basis of the Appellants agreement to lodge the combined DA, the parties
     agree that that:


     (a)    While the combined DA is progressing, the parties will negotiate
            conditions of approval consistent with the works contemplated by Option
            1 for the ROL;


     (b)    Those negotiated conditions could then be supplemented with any further
            conditions that may be identified following the Council’s assessment of
            the combined DA;


     (c)    This approach would appear to be a sensible method by which to resolve
            the issues in dispute between the parties, rather than agitation of disputes,
            and determination of disputes, at this time, in the current proceeding.

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