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

12 The Waste Collection Impugned Conditions should be amended or deleted to allow the Development to proceed in accordance with the Development and allow off-site waste collection. Condition 3 (Pool amenity) 13 Condition 3 requires the Development to be generally in accordance with the approved plans and seeks to amend plans: i. CD 3.01 B Rev. B Elevation 01-Gympie Tce / North prepared by Arkos Architects dated 26.02.2025; and ii. CD 3.02 B Rev. B Elevation 02 — Thomas Street / West prepared by Arkos Architects dated 26.02.2025 by requiring “any splash back around the pool... to be constructed from clear glazing or similar” and “walls located between the terrace areas... to be removea”. 14 Condition 3 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development and is not required as a consequence of the Development because: (a) Gympie Terrace and Thomas Streets have significant pedestrian traffic; (b) there will be an unreasonable lack of privacy of pool users if the walls located between the terrace areas were to be removed and clear glazing installed; (c) the built form of the Development maintains an appropriate amenity for the area; and (d) the proposed amendments to the built form is not mandated to comply with any relevant code. 15 The proposed amendments to Condition 3 should be deleted. Condition 13 (Internal design) 16 Condition 13 requires submission of plans for internal design of the approved units to be submitted to the Respondent for a “further approval” prior to the issue of any building approval. 17 Condition 13 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development and is not required as a consequence of the Development because: (a) | the Respondent has given its approval for the Development subject to Condition 3 that requires it proceed generally in accordance with the approved drawings; (b) the approved drawings provide sufficient detail; Gy) ENVIRO . A I ' ee GNX) the internal design of the units is not a matter that requires any further FE , 2 consideration other than obtaining a building approval; and =| @@ )s oS td there are unnecessary delays and costs to the Development. 4 & Uy ROD one 5 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025