MCU15/0095 & REC15/0022 PM Submission Object - Jenelle Wilson

between      the Church and the Noosa Shire Council in the School's development                         over many years".         It
would seem evident that the School and the Church had intended                             the area to be protected       for the
benefit and protection         of the children at the School. This arrangement             would appear consistent with the
Church's      publicised     desire,      and Council's   demonstrated       willingness      to cooperate,    at the time       of
purchase      to prevent      the construction       of a proposed      service station       on the lot. This agreement         is
suggestive the parties intent to creating a negative equitable                   servitude or negative easement over the
property.


The planning scheme exists, among other things, to provide some certainty to the community                             in relation
to the types of development               that can be approved for a specific property.          Deviating from the planning
scheme and in particular          deviating from this very inconsistency          has already caused significant       problems
for Noosa Council. As has been extensively reported the Council is currently                      attempting   to deal with lax
adherence to the planning scheme related to retail intrusion into the industry zone.


Noosa Council's         Infrastructure       and Planning    Director    Martin    Drydale said in May 2015 that              "It's
important that we protect this area for industrial functions. Residences, community organisations,
commercial and retail business, and most sport and recreational land-use activities, should not operate
from industrial premises," He furthermore added that: '7he reason for having a tawn plan is so that we
can ensure that various land-use types are appropriately located to best serve the community. Calling for
community and industry support he said: "Property owners and real estate agents play an important
role in helping to uphold the town plan's integrity" ... adding: "Just as the community would likely object
to a factory opening up in a retail precinct such as Noosa Junction, retail shops and professional offices
are not appropriate in industry zoned areas."

It is incumbent     upon the Assessment Manager and the Council at large in this situation                      to uphold the
plan's integrity     and to do anything           other   than rejecting     this Application     is making no reflective       of
Council's attempts         to hold the industry      and community         to account in relation     to the maintenance        of
appropriate     zoning in the region.


Any decision of the Assessment Manager must not conflict with the planning scheme, unless there are
sufficient    grounds      to justify     the decision despite   the conflict.     Conflict    means to be "at variance or
disagree with" and must be plainly identified.              The proposed Development            is clearly in conflict with the
planning     scheme, a fact that is well demonstrated              throughout      this document.       The conflict    with the
planning instruments         is not insignificant.   Any sufficient grounds to justify approval under SPA s 326(1)(b),
must be of public interest,             excluding the personal circumstances        of the Applicant,    owner or interested
party. The Applicant has shown no public interest grounds, nor do any exist, sufficient to justify approval
in the event of the conflict.


The Application     must therefore          be rejected as is required under the planning instruments            as to allow it
by exception     is not only contrary to SPA but a denial of the rights of the School's parents not to have
their children exposed to negative impacts of this inconsistent                development.




13 ibid




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