10/0627 M2358 Planning Report.pdf [As Published] · 152010.627

  
 
  

FINAL ORDER Puplicate

In the Planning and Environment Court No. 2587 of 2008
Held at: Brisbane

Between: SCANLON PROPERTY GROUP PTY LTD

ACN 125 864 360 Appellant
And: SUNSHINE COAST REGIONAL COUNCIL Respondent
And: CHIEF EXECUTIVE, ENVIRONMENTAL First Co-Respondent by
PROTECTION AGENCY election
And: RENALDA JOY GORRIE Second Co-Respondent by
election

JUDGMENT

Before His Honour Judge Rackemann
Date of Hearing: 12 February 2010

Date of Judgment: 12 February 2010

THIS MATTER HAVING been heard by the Planning and Environment Court on 12 February
2010 by way of an appeal against the decision of the Respondent made on 21 August 2008 to
refuse a development application made by the Appellant for a development permit for a
material change of use (visitor accommodation type 4 -- conventional, commercial business
type 1 — office, retail business type 2 - shop and salon, and entertainment and dining
business type 1 - food and beverages) under the Integrated Planning Act 1997 in respect to
land situated at 215A-219 David Low Way, Peregian Beach described as Lots 8 -10 on P9315
and Lot 76 on MCH2969;

AND UPON HEARING the solicitors for the Appellant and the Respondent;
AND UPON READING the Notice of Appeal filed herein on 19 September 2008;
AND UPON COURT BEING SATISFIED-thay there has_beert comprance with the
equire nts of Chapter 4,-fftegrated Planriing Act/1997. fding servi Of the-Notice of
al and complia with the requiréments of pter 3, Integratéd Planning Act 1997
arding public notification;
IS ADJUDGED THAT:

The appeal be allowed; and

2. The application be approved subject to the conditions in the development approval
package attached to this Judgment and marked “A”.

 

ZADGMENT Norton Rose Australia

on behalf of the Appellant Level 17, 175 Eagle Street, Brisbane QLD
roa PEC-7 Phone no. (07) 3414 2888

Fax no. (07) 3414 2999

Reference: 2658916