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

28 Condition 21 should be deleted. Condition 22 (Compliance with Local Law) 29. Condition 22 requires compliance with a local law about short-term accommodation. 30 Condition 22 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) compliance with a local law is not a matter for a planning approval; (b) the local law has its own compliance requirements, (c) the local law may be changed or repealed; and (d) the Development is not limited to short-term accommodation and the local law has no application to the commercial tenancies of the Development. 31 Condition 22 should be deleted. Condition 23 (Service vehicle hours of operation) 32 Condition 23 limits service vehicles times of operation. 33 Condition 23 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 services to be provided will occur 7 days a week; (b) the ability of service providers to attend within the hours of operation set by the condition is too restrictive; (c) service vehicles will attend outside of the hours set by the condition; and (d) amenity is to be protected by Condition 20, with the amendment proposed by the Appellant in paragraph 25 above to reflect that the use must not “unreasonably detrimentally” affect the residential amenity of the surrounding residents. 34 Condition 23 should be deleted. Conditions 35 d and e, 37 d and e and 40 (Car parking) 35. Conditions 35 d and e, 37 d and e and 40 provide for on site and off site car parking and motorcycle spaces and seek the provision of parking spaces in excess of the requirements for the development and in excess of provisions of the relevant code in aS ions relation to the number of parking spaces to be provided. = S => Zs = ge Conditions 35 d and e, 37 dand e and 40 are not reasonable, and so far as they may =, — s] be relevant, are an unreasonable imposition on the Development and are not required oe Ku) as a consequence of the Development because: 4 SS ARooe wey 7 Document Set ID: 23711366 Version: 1, Version Date: 30/04/2025