PLANNING & ENVIRONMENT COURT APPEAL NO. D44 of 2025 – APPLICATION FOR A MATERIAL CHANGE OF USE FOR FOOD AND DRINK OUTLET AND SHORT-TERM ACCOMMODATION AT 203 - 207 GYMPIE TERRACE, NOOSAVILLE · ATTACHMENT 4 - (MCU24/0074) - NOTICE OF APPEAL - D44 OF 2025

Document Set ID: 23711366
Version: 1, Version Date: 30/04/2025

The Decision 6 The decision to approve the Application subject to 74 conditions was made by the Respondent on 20 March 2025 and given to the Appellant by Decision Notice dated 25 March 2025 (the Decision). 7 Conditions 3, 13, 18, 20, 21, 22, 23, 28, 30, 35d ande, 37d and e, 39, 40, 43, 59, 61, 62, 63 and 64 of the Decision, set out in Attachment A to the Notice of Appeal, are the conditions the subject of this appeal (the Impugned Conditions). 8 A number of the Impugned Conditions require that waste be collected by waste vehicles driven onto the Premises from Albert Street and that the waste vehicles move across the Premises in a forward direction and utilise the Easements to gain access to Thomas Street, namely: (a) Condition 3 requires the Development to be. generally in accordance with the approved plans and seeks to amend plans: i. CD 2.01 C Rev. C Basement Plan prepared by Arkos Architects dated 20.02.2025; and ii. | CD 2.02 B Rev. B Ground Floor Plan prepared by Arkos Architects dated 20.02.2025; to accommodate the waste collection and servicing on-site; (b) Condition 28 requires confirmation that the Easement terms and conditions will allow the increase in vehicular movements and types, which includes the waste vehicles, or that the Appellant obtain a new easement that permits the volume and type of vehicular movement; (c) Condition 30 requires the terms of any new easement to reflect the Planning Scheme and be in accordance with the Respondent's standard terms at no cost to the Grantee; (d) | Condition 39 requires an assessment of the existing access driveway in accordance with an operational works approval over the Easement to achieve compliance with Council’s standard drawing RS-051; (e) Condition 43 requires service vehicles, including Refuse Collection Vehicles, manoeuvring, standing on-site and exiting onto Thomas Street; (f) Condition 59 requires earthworks to not effect the functionality of the Easement and carparks, however when the works of the Proposed Development occur there will not be an ability for refuse vehicles to drive through the Premises and onto the Easement, (g) Conditions 61, 62, 63 and 64 deal with Waste Disposal and are predicated on the collection of waste by waste vehicles driven onto the Premises from Albert ROI Street and that the waste vehicles move across the Premises in a forward Koy ie direction and utilise the Easements to gain access to Thomas Street = % S 2 ea (thé Waste Collection impugned Conditions). Yapooos 3 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025