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OPW14/0276 Notice of Appeal - Planning & Environment Court - D88/16 - Notice of Appeal - Sharpe Enterprises Pty Ltd Tte and Noosa Council
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o 4 jUL 2016
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S ~ In the Planning and Environm nt Court Tewantin No 0 ~
= ~ Held at: Maroochydore '--------------_J
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-, u:: g Between: Sharpe Enterprises Pty Ltd Tte Appellant
..::r (ACN 065975171)
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And: Noosa Regional Council Respondent
NOTICE OF APPEAL
Filed on If 11 120 14
Filed by: William B Sharpe
Service address: 64-66 Rene Street Noosaville 4566
Phone: 0487703106
Fax:
Email: [email protected]
DX:
Sharpe Enterprises Pty Ltd Tte (ACN 065975171) of 64-66 Rene Street Noosaville
Qld 4566 appeals to the Planning and Environment Court under section 473 of the
sustainable planning act 2009 at Maroochydore against the issue of an Enforcement
Notice issued under section 590 of the Sustainable Planning Act against the
Appellant in relation to Signage erected at 64-66 Rene Street. Noosaville described
as Lot 280 on SP104321 and seeks the following orders and judgement:
1. The appeal be allowed
2. The Enforcement Notice be withdrawn
3. The "as built" signage be ordered as being compliant in accordance with
Condition 5 of the MCU 14/0049 and Operational Works OPW14/0276.
4. The Street Identification Signage "as built" be ordered as compliant with
Condition 10 of the MCU 14/0049.
5. Such other orders as this Court considers appropriate.
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Service Address (, 't- -, b ,t,!•..• .•.~
Phone no. 0.,.'&7 70~\O(.
Fax no.
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Sustainable Planning Act 2009
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Page 2
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The grounds of appeal are:
1. Condition 5 -"Signage" of the MCU 14/0049, states: Signage on site shall not
exceed the total signage area for each building as identified in the signage
schedules on drawing No OGSS-001-06 Revision P Elevations 1&2 and
dated 24 May 2015 prepared by Steve McGregor Design Service.
I. The Signage was inspected by Council Staff on the 14th of September
2015 and was approved as being generally in accordance with the
Development Approvals.
II. Written advice was provided from Council to the Appellant confirming
all conditions had been complied with.
III. The Signage does not exceed the "total" signage area of the
schedules. The schedule allows for a total allowable signage of 12.53
m2 on building 1 and 9.23m2 on building 2.
2. Condition 10 - "Street Identification" of the MCU 14/0049 , states: The street
address of the development must be clearly visible and discernable from the
primary frontage of the site by provision of a street number and, where
appropriate, the building name.
I. The sign "as built" complies with condition 10 and is a street
identification sign.
II. The sign states the street address as being "64-66 Rene Street".
III. The sign states the building name "OnGuard Self Storage Building".
IV. The sign is not an advertising device as defined within the Advertising
and Devices Code.
V. The sign does not exceed 4m2.
VI. The sign has a face area of .95 m2.
VII. The Sign is within proportions given the distance of the property
frontage from the road verge, and that the approval condition requires
the sign to be clearly visible and discernable.
VIII. The sign is not in breach of the Advertising Devices Code as it does
not set out requirements for "Street Identification" signage within the
code.
IX. The Development is entitled to display the street address and building
name in accordance with the approval.
Page 3
Appellant
If you are named as a respondent in this notice of appeal and wish to be
heard in this appeal you must:
(a) within 10 business days after being served with a copy of this
Notice of Appeal, file an Entry of Appearance in the Registry
where this notice of appeal was filed or where the court file is
kept; and
(b) serve a copy of the Entry of Appearance on each other party.
The Entry of Appearance should be in Form PEC - 5 for the Planning
and Environment Court.
If you are entitled to elect to be a party to this appeal and you wish to be
heard in this appeal you must:
(a) within 10 business days of receipt of this Notice of Appeal, file a
Notice of Election in the Registry where this Notice of Appeal was
filed or where the court file is kept; and
(b) serve a copy of the Notice of Election on each other party.
The Notice of Election should be in Form PEC - 6 for the Planning and
Environment Court.