Response to Information Request 5-7 Rufous Street Peregian Beach MCU13/0092

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                                                                                                  t&1t
          ’If "edge of centre" development is to be tolerated, and if
          there are no other suitable and available sites within the zoned
          Local Centre, an   edge-of-centre site is preferred to a more
          remote location"
          "Taking 1000 or so local people to be opposed (out of 7,500),
          we are still far from a majority. Even if the majority of the

          opponents be taken to hold a strong view that there is no
          need for the proposal (in opposition to the economic experts)
          we are far short of having a community view established that

          there is no need the situation must be that the weight of
          numbers, whilst not ignored, cannot prevail."
          "What is more important than numbers alone is the validity of
          the contents of the submissions"
          "It is not a proper function of the court to act with            a   view to
          preserving the status quo, to restrict the introduction of
          competition, etc. Its proper function is to assess the merits of
          the development proposal and whether conflicts with the
          planning scheme must defeat it or can become overcome by
          sufficient grounds.
          The proposal results in economic and community benefit
          overall and would go so far as to hold that the "need"satisfied
          is "overwhelming".
       (Source: BD 2747 of 2008 which dealt with the re-Iocation and
       expansion of an existing IGA Store at Mt Tamborine)
       An additional point of interest given that sectors of the
       Peregian Beach community are likely to be opposed to the
       alienation of a perceived community recreational site (albeit
       privately owned) is that the P & E Court also takes the view that
       ’the meaning of "overwhelming community need" will vary
       enormously from case to case, and when as here, the need to
       be satisfied involves the daily essentials of ordinary life, the bar
       should not be set too high.’
       (Source:BD 1490 of 2007 Parmac Investments Pty Ltd v BCC)
E.S lOAn economic "Needs Assessment" report by Foresight Partners
       (2013) found that "there is a clear and significant economic
       and community need for the proposed neighbourhood
       centre", and that "more than $10.5m (85%) is expected to be
       recaptured of spending currently escaping from Peregian
       Beach" during the first year of full trading (2015),and "the lack
       of supermarkets indicates a clear void in the existing retail
       provision", and "impacts are unlikely to adversely affect the
       vitality and viability of any existing supermarkets or retail
       centres and initial impacts will be ameliorated by continuing
       market growth";
E.S 11 Peter Sharpe who when working for TM Burke in the 1960’s was
       responsible for the establishment of the Bowls Club concept, in


2/08/13                           Multi Span Australia   -
                                                             IR response                 Page 5