Appendix 1 Show Cause Notice

        Additional Plans 17 March 2020
        Option B - Entertainment and dining business type 1 – food and beverages on
        both the lower and upper floors.

                                 Proposed Floor Plan, prepared         by 17/03/2020
                                 Unknown as annotated by Council

        018891            A      Minor change application – Extension to December
                                 existing restaurant – additional upper 2019
                                 level dining area, prepared by Unknown

Inspection of the premises by Council officers found that the property does not comply with
the approved plans as the stairs at the rear have not been completed and the front awning
differs from the approved plans. It should also be noted that the inside of level 2 does not
comply with the approved conditions or plans and no building approval has been finalised for
any works.
Therefore, the use is currently operating in breach of the Noosa Plan and the Planning Act
2016.
Accordingly, Council contends that you have committed (and continue to commit) an offence
for which it may prosecute you. You are invited to show cause why an Enforcement Notice
should not be issued under Section 168 of the Act. The maximum penalty for such offences is
4,500 penalty units.
If you do not show cause, Council through an Enforcement Notice, may require you to take
action set out in Section 168(2) of the Act, including (but not limited to):

1.   Lodge a change application to the existing development approval to seek
     approval for the works which are not consistent with the most recent planning
     approval, (51991.652.03 - TPC 2409) issued on 18 March 2020, and then obtain
     appropriate building approval/certification to finalise all works.

2.   Comply with the conditions (approved plans) of the approval TPC 2409 dated 18
     March 2020 and obtain building approval to finalise the works.

If you wish to avoid immediate prosecution, or service of an Enforcement Notice you MUST
make representations as detailed in Part 4 of this Notice within the specified time.
4.   REPRESENTATIONS CONCERNING THIS SHOW CAUSE NOTICE
You may make representations to show cause why an Enforcement Notice should not be
given.
These representations should be made in writing and signed by the person to whom this Show
Cause Notice is issued.
The representations must be made by Tuesday 21 February 2023 and sent to:
Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Attention: [email protected]




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