HRP18103.L03.004 · MCU16/0133.01

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Considering the above extensive correspondence with the Applicant, Council has had sufficient opportunity to
investigate and determine whether the proposal involves introducing a new use to the site. While we
acknowledge that Council has a high workload, it is respectfully submitted that this is a fundamental matter to
the planning issue in question and should have been determined well before this juncture. Such instances
erode confidence and certainty in dealing with Council and do not support the economic development of the
region.

5.       NOOSA SHIRE LOCAL ECONOMIC PLAN

It is instructive to look to the Noosa Shire Local Economic Plan (the LE Plan) for guidance on how to proceed
with the deliberations for the proposed minor change. In particular, we note the following references drawn
from the LE Plan:
     •   The LE Plan was drafted to facilitate “industry diversification, effective land use planning and enterprise
         support” to enable “economic growth and provide employment opportunities” and providing
         “opportunities for careers and businesses to flourish”;
     •   The LE Plan seeks to “broaden the economic structure of the local economy” through the growth of
         “‘smart’ industry sectors that offer high economic value and low environmental impact”;
     •   While it is acknowledged that the LE Plan is not a vehicle to promote “Development at all costs”, the
         LE Plan does outline that “Government and other organisations make significant contributions to the
         setting” in which “business and industry drive economic development”;
     •   In particular, we note that the LE Plan identifies “Good governance is achieved through effective and
         efficient decision –making that is focused on the best interest of the community”;
     •   A SWOT analysis was conducted in preparation of the LE Plan, which identified that one of the key
         weakness of delivering competitive growth in Noosa is an “inflexible/old planning scheme” and an
         “‘unfriendly’ business environment”;
     •   In that sense, in no way are Council’s actions to date supporting the LE Plan’s goals to “support growth”
         and offer a “competitive advantage”.
Given the circumstances, it is submitted that Council’s actions to date demonstrate that the issues identified
in this document (released in 2015) relating to the inflexible approaches and unfriendly business environment
remain in evidence.
The subject business is an example of an operation that achieves the Focus of Actions within the LE Plan by
being a business that can “diversify the structure of the local economy and grow smart, high value industry
sectors”. This is particularly relevant for businesses that “export products and/or services outside of the Noosa
Shire” and will “leverage local expertise to support the diversification of the local economy”.
In this way, it is submitted that the objectives of the LE Plan, being the support for high value industry sectors
and economic growth, are being frustrated in this instance by Council’s actions. The current development and
proposed minor change is an entirely appropriate land use for the site that supports the delivery of a strong
and diverse regional economy.

6.       CONCLUSION

It is considered that on any reasonable interpretation of the available Food and Beverages definitions, the
current site operations and the proposed minor change are consistent with a Type 1 – Food and Beverages
use. A Type 3 – Bar land use is not relevant in this instance as the serving of alcohol on the site is not the
primary land use as is required by the Type 3 definition.

The Type 1 – Food and Beverages land use has already been considered appropriate for this location, and
no activities to date have raised cause to alter this consideration, as all activities occurring within the site are
consistent with other café and food and beverages establishments within Noosa.

We reiterate that the LE Plan identifies “Good governance is achieved through effective and efficient decision
–making that is focused on the best interest of the community”. We would respectfully suggest that Council’s
assessment process has not achieved the desired efficiency and good governance to date. Furthermore, the
Applicant is at a loss as to consider how pursuing an assessment of Type 3 – Bar, which we maintain is
unwarranted, could in any way be considered to be undertaken ‘in the best interest of the community’.