response to information request · MCU19/0117

Figure.2 Aerial Photo of the private equestrian facility at 7 Potters Ln, Pomona


P&E Law include further commentary regarding the issue of the proposed land use in
terms of ‘use’ and ‘ancillary’, including the recent case considered by Judge Kefford in
Caravan Parks Association of Queensland Limited v Rockhampton Regional Council &
Another [2018] QPEC 52 (attached as Appendix 1 and 2).
The proposal for visitor accommodation is the primary use of the premises, and it is not
intended to use the premises for activities other than visitor accommodation. The visitor
accommodation will be made more attractive by the provision of the ancillary use of a
wave lagoon and not be made available for others. On that basis, the wave lagoon is
ancillary to the primary use of the planning unit as ‘visitor accommodation’, similar to the
other larger ancillary facilities on private property described above.
The proposed 4,000m2 lagoon is similar in scale to other dams in Noosa Shire and on the
North Shore, which are used for Rural Residential and Visitor Accommodation purposes
(as shown in Figure 3).




Figure.3 Aerial Image of the proposed 0.4ha lagoon, relative to the size of other dams and lagoons
within the Visitor Mixed Use zone of the Noosa North Shore Locality.
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