2019-01-14 General Committee Agenda - Attachment 2 to Item 1 - Amended Court Approval

Attachment 2
Attachment 2 to Item 1
General Committee Meeting Agenda
14 January 2019

Attachment 2
                                                  Attachment 2 to Item 1
                                                   General Committee Meeting Agenda          q +7)
a          a                                       14 January 2019                         =

       / “Inthe Planning and Environment Court                                No. 4884 of 2014
         Held at: Brisban
|____SRISBANE
         Between:      NOOSA BEVERAGES PTY LTD ACN 157 784 346                       Applicant

        And:           NOOSA SHIRE COUNCIL                                         Respondent

                                             FINAL ORDER
         Before:            His Honour Judge Rackemann
         Date of Hearing:  23 January 2015
         Date of Order:    23 January 2015

         This matter relates to a request to change a development permit for a Material Change of Use
         (Resource-Based Spring Water Bottling Plant) in respect of land located at 314 Cooroy
         Mountain Road, Cooroy in the State of Queensland, which has a real property description of
         Lot 2 on SP143409, originally granted by this Court on 2 August 2010 by Judgment in Appeal
         No. 318 of 2008 (Approval).
         UPON THE COURT BEING SATISFIED THAT:

         Ie    There has been compliance with requirements of the Sustainable Planning Act 2009
               (Qld) (SPA) relating to giving written notice of this proceeding.
         Zz.   The changes to the Approval, identified in the affidavit of Cameron Gregory Adams
               sworn 20 January 2015, are a permissible change having regard to section 367 of the
               SPA.

         IT IS ORDERED THAT:

         te    The Approval be changed by omitting ‘Attachment A” of the Approval and substituting
               ‘Appendix A’, which is comprised of the Respondent's amended conditions together
               with plans and reports, which appear at pages 1 to 44 inclusive of this Final Order.
        2.     Each party bears its own costs of and incidental to this proceeding.

         Final Order                                     McInnes Wilson Lawyers
         Filed on behalf of the Appi   AR. CORMIER 345 Gccen Shoct Brgsere QLD 4000
         Form PEC-7                                      Phone: 07 3231 0410
                                                         Fax:    07 3221 2921
   =                                                     Email:  [email protected]
                                                        Ref:     CIH:ALO:101570
                                                                                 101570:5451697_1    |