Stevens Gerber Submission MCU 15 0095 115 Eumundi Noosa Road

                   Relevant instrument inadequately addresses development

                   Relevant instrument does not anticipate specific or particular development

95.      GSLC is situated on land which was once the site of the Noosa Drive-In and zoned
         “rural”. The GSLC Primary School was opened on 28 January 1986. The zoning at this
         point was changed to “special facilities” to encompass the school and church usage.
         Throughout this time the site (Lot 30 SP170751) was a Noosa Council service depot
         and was continuously zoned industrial.


96.      An agreement was reached between GSLC and the Noosa Council in 2002 which
         provided for the acquisition of 1.1ha of additional land, on which the HPE centre, extra
         classrooms and a swimming pool are now located. At this time the entire GSLC site
         (Lot 30 SP228052) was rezoned “community services”, however the proposed service
         station site (L30 SP170751), now decreased in size, continued to be zoned industrial.

97.      The Lutheran Church of Australia Queensland District purchased the site from the
         Noosa Shire Council on 20 December 2007. The site shares a common boundary with
         the HPE centre and GSLC open air toddler pool.

98.      Accordingly, it was a matter of legacy rather than intent that the remainder of the
         former Noosa Council depot, (the site), continued to be zoned “industry”. It is
         submitted that at the time GSLC (Lot 30 SP228052) was rezoned “community
         services”, the site (Lot 30 on SP 170751) should have also been rezoned “community
         services” to ensure that ‘it would not be made available to other commercial
         enterprises’21 which would be incompatible with the school and that the site would
         continue to provide a buffer zone between the GSLC community services zone and the
         nearby industry zone.


99.      The Noosa Plan commenced in February 2006. The “life” of a local planning scheme is
         limited to approximately 5 years and requires constant revision. It is submitted that,
         in the circumstances, the Noosa Plan is out of date or incorrect to the extent that the
         site remains zoned as industrial use and therefore incompatible with the GSLC
         adjoining land use. Furthermore, with the site remaining an “industrial” land zone,
         the Noosa Plan fails to adequately protect the health of GSLC students, families, staff
         and public users of the school.

100. It cannot be argued by the applicant that there is community need given that there is
     approval for a DA to construct a service station approximately 200m away at 139
     Eumundi Noosa Road, Noosaville. Further, if a need did actually exist for an additional
     service station in the Noosaville Locality, that need is not so great so as to allow it to
     be located next to the GSLC and its open air swimming pool frequented by school
     children and babies.


21
     Counsellor Frank Pardon quoted in Gardner P, Noosa News, 9 December 2015.
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