Pet Resort Noosa appeals Sunshine Coast Council enforcement notice
A Queensland pet resort’s alleged unapproved pens, splash park and commando course lie at the heart of a battle with council.
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A pet resort on the Sunshine Coast has taken the region’s council to court over an enforcement notice regarding multiple allegations, including providing more kennels than permitted.
The appeal was lodged earlier in June to the Planning and Environment Court by Connor O’Meara Solicitors on behalf of Pet Resorts Property Investment, asking for the court to order the enforcement notice to be set aside.
The appeal regards the business Pet Resort Noosa at 212 Seib Road, Eumundi.
Appeal documents stated Pet Resorts Property Investment were given a show cause notice by the Sunshine Coast Council in December last year, which the business had “made representations” about in February.
On May 13, council issued an enforcement notice, alleging the business had 56 pens, which is 15 more than the 41 approved in the current development permit.
This, alongside alleged additional exercise yards, is claimed to be an “intensification” of use, which therefore contravenes development approval.
The “intensification” also brought on concerns over noise levels after council received a complaint about the installation of an outdoor dog area and the noise from barking dogs produced consequently, according to documents.
The enforcement notice also stated a “discharge was detected directly to the creek” and noted the business must ensure no stormwater runoff or similar enters waterways or wetland.
Documents show the enforcement notice asked for the number of pens to be reduced, the use of unapproved exercise yards to be halted, for storm and wastewater systems to be upgraded, and for a qualified acoustic consultant to confirm compliance with approved noise levels.
It is alleged the unapproved exercise yards regard the “splash park” and “commando course”.
It also requested a properly made development application to gain a permit for the “intensification”, which appeal documents state was lodged by the business.
Documents state council was advised MWA Environmental had recommended several initiatives to manage noise.
In response to the enforcement notice, appeal documents state there is “uncertainty” about which conditions were contravened.
“The enforcement notice does not provide sufficient particulars to enable the appellant to understand with sufficient certainty the alleged development offences,” documents read.
It was claimed the notice provided “no particulars” of the parts of development permit had allegedly been contravened.
It was also noted an audit was currently in the works by the acoustic consultant, meaning the business is uncertain whether it can comply before council’s deadline at this point in time.
The appeal concluded asking for the enforcement notice to be set aside and for the appeal to be allowed.
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Originally published as Pet Resort Noosa appeals Sunshine Coast Council enforcement notice
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