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

18 Condition 13 is not final or certain as the criteria by which the “further approval” will be assessed is not identified. 19 Condition 13 should be deleted. Condition 18 (Services set back) 20 Condition 18 specifies where mechanical equipment and services can be located, with a restriction on them to be located no less than two (2) meters from a property boundary. 21 Condition 18 is not reasonable, and so far as it may be relevant, is an unreasonable imposition on the Development because the fire booster, Energex pad mount transformer and bio-retention basin are required to be located on the boundary of the Premises. 22 Condition 18 should be amended to exclude the fire booster, Energex pad mount transformer and bio-retention basin from its set back requirements. Condition 20 (Residential amenity) 23. Condition 20 seeks to protect the residential amenity of surrounding residents from any detrimental impact. 24 Condition 20 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) some detrimental impact on amenity will occur from time to time from the approved uses, being commercial premises and short-term accommodation; and (b) the impacts covered by Condition 20 should be limited to those that are unreasonable. 25 Condition 20 should be amended by inserting the word “unreasonably” before the word “detrimentally”. Condition 21 (Party house and events) 26 Condition 21 seeks to restrain the use as a party house. 27. Condition 21 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) a party house is a separate use which is prohibited under the Planning Scheme ZS ENVIRO. throughout the local government area; and “ © Xo = AR the Development has commercial tenancies on the ground floor which will be 3 ee = used for functions and people will attend to celebrate birthdays and other = : wp = 3 events. CY SY ArRoocw. 6 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025