NOTICE OF APPEAL Creekgold

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The grounds of appeal are:



1      The land the subject of the development application:

       (a)     is 6.77 hectares in area

       (b)     is not encumbered by any easements

       (c)     has a road frontage to:

               (i)     Myall Street of 360 metres

               (ii)    Ferrells Road of 276 metres

               (iii)   Bruce Highway (limited access) of 315 metres

       (d)     is within the Urban Footprint under the South East Queensland Regional Plan

               (SEQRP)

       (e)     is zoned Rural under the planning scheme known as Noosa Plan 2006

       (f)     is in the Cooroy and Lake Macdonald Locality Plan area under the Noosa Plan

               2006

       (g)     is in the Community Facilities (Tourist Park) zone of the draft Sunshine Coast

               Regional Council planning scheme when it was advertised in 2012

       (h)     is located approximately 1km to the south of Cooroy town centre on the

               western side of Myall Street, being the main entrance road into Cooroy from

               the Bruce Highway

       (i)     is not used for rural purposes and is currently vacant

       (j)     is adjacent to:

               (i)     residential development contained within the Detached Housing and

                       Semi-attached Housing zones on Ferrells Road

               (ii)    the Cooroy Golf Club and vacant land on Myall Street

2      The development application was made on or about 15 July 2014

3      The development application required impact assessment

4      There was one concurrence agency, being for matters arising from Schedule 7, table

       3, item 1 – State controlled roads and Schedule 7, table 3, item 2 – Development

       impacting state transport infrastructure, under the Sustainable Planning Regulation

       2009



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5     According to the respondent, 16 properly made submissions were made

6     The respondent refused the development application for the following reasons:

      1       The development raises significant conflicts with The Noosa Plan and its land

              use intent for the rural zone and water supply catchment area

      2       The development represents a substantial expansion of Cooroy’s commercial

              precincts that will further disperse and fragment its business centre, which is

              undesirable

      3       The development will compound existing traffic problems at the Myall Street &

              Elm Street intersection, which is undesirable

      4       The applicant has not demonstrated sufficient grounds exist to overcome the

              development’s conflicts with The Noosa Plan, with only low to moderate

              overall need apparent for the development.

7     The services offered in the development proposal, if approved, will be a significant

      export for the town of Cooroy

8     The services are proposed to be offered to attempt to capitalise on the proximity of the

      land the subject of the development application to an interchange on the Bruce

      Highway

9     The service providers, if the proposal is approved, will be a significant employer of

      people from Cooroy and its locality, particularly of young people

10    There is a need for a tourist park in Cooroy

11    The land the subject of the application is:

      (a)     of a size and

      (b)     separated from other rural lands by major roads and residential development

      that it is not likely to be usefully aggregated with other rural land to be efficiently used

      for rural purposes

12    The proposed site cover is extremely low

13    There are significant areas on the land that will allow for the installation of ameliorative

      measures to contain impacts on and from the land

14    There is no proposal to compromise the retail hierarchy of Cooroy




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15     The applicant is the operator of substantial retail assets in the business centre of

       Cooroy

16     It would be counterproductive to the appellant to develop this land in a way that would

       threaten the retail hierarchy of Cooroy

17     The applicant is prepared to enter into an infrastructure agreement with the Council,

       binding the land and everyone who owns or occupies the land, covenanting against

       the development of the land in a way that would threaten the retail hierarchy of Cooroy

18     The appellants seek an Order that:

       (a)      the appeal be allowed

       (b)      the development application be approved




                                                                               G ANT T LE G AL
                                                                      Solicitors for the Appellant
                                                                          Dated 28 August 2015




If you are named as a respondent in this notice of appeal and wish to be heard in this
appeal you must:

(a)    within 10 days after being served with a copy of this Notice of Appeal, file an
       Entry of Appearance in the Registry where this notice of appeal was filed or
       where the court file is kept; and

(b)    serve a copy of the Entry of Appearance on each other party.

The Entry of Appearance should be in Form PEC – 5 for the Planning and Environment
Court.

If you are entitled to elect to be a party to this appeal and you wish to be heard in this
appeal you must:

(a)    within 10 business days of receipt of this Notice of Appeal, file a Notice of
       Election in the Registry where this notice of appeal was filed or where the court
       file is kept; and

(b)    serve a copy of the Notice of Election on each other party.

The Notice of Election should be in Form PEC – 6 for the Planning and Environment
Court.




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