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

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This assessment is not dissimilar to that determined by the Planning
& Environment Court in the Scanlon Appeal which also involved
retail shopping facilities in the Open Space Recreation zone of the
nearby Peregian Beach Caravan Park site.

Further there      are myriad of Planning and Environment Court
                          a

determinations that accept that notwithstanding a conflict with
the planning scheme, that in many circumstances, there are
sufficient grounds to grant approval notwithstanding a conflict.


Most   recently this was the outcome in the Mackay Shopping
Centre Pty Ltd A.C.N 140 014 875 as Trustee for the MSC Unit Trust
.v. Mackay Regional Council and Parkside Development Pty Ltd

A.C.N 009 802 233 (1786/2012) which involved, inter alia, a 1650m2
"full line" IGA supermarket and speciality shops, and where the
Court recognised ’a clear conflict with the planning scheme’ and
determined that the proposal should be approved.


PLANNING
Open Space Network

J. Provide      evidence      justification that the Open Space
                              and
      Recreation zoned land is not required for current and future
      open space recreation/community uses


Representations:
The followings Facts and circumstances are considered relevant to
Council’s issue, namely:


      1. Di Hurst Oval and neighbouring lands to the south and south-
          east are included in the Open Space Recreation zone and
          are  largely in public ownership with the Di Hurst Oval
         complex      capable      of   accommodating       additional
         recreation/community activities, particularly in the southern
         portion of the Reserve. Much of the area appears as grassed
         areas with no formal designation for public recreation uses;

      2. By contemporary standards the Di Hurst Oval is under-
         developed and under-utilised;
      3. Council’s 2011 adopted Sunshine Open Space Strategy
         report does not identify the subject Peregian Bowls Club site
         as a desirable site for any form of public recreational

         (passive or active) uses;
      4. As with many Coastal communities the Beach and foreshore
          areas   offer   considerable             opportunities not
                                          recreational
          factored into the town planning POS supply requirements for


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