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Successful wedding operator to fight council-imposed development conditions

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The developer of a wedding venue has applied to appeal several conditions set out as part of its approval.

In June 2024, the operators of a Scenic Rim wedding venue lodged a development application with Noosa Council to establish a function facility at a macadamia farm at Ringtail Creek, near Noosa.

Following public consultation, which generated 60 submissions – of which 31 were in support of the project – the council approved the development in December.

The approved material change of use was for small-scale weddings and events at a 99.9-hectare site at 658 Louis Bazzo Drive, which would be operated and managed by the team behind Rosewood Estate at Beechmont.

The site is zoned rural under the planning scheme and is currently operating as a macadamia farm, which would continue to operate in conjunction with the approved use.

The applicant, Louis Bazzo Pty Ltd, has since lodged an appeal with the Planning and Environment Court against some conditions of the approval.

A wedding marquee at Rosewood Estate at Beechmont.

According to documentation, this includes conditions pertaining to the hours and days of operation, noise management, a requirement for the internal road to be sealed and the extent of vegetation covenant and rehabilitation.

The approved conditions outline that the facility could operate between 11am and 10pm and that all guests must vacate by 10.30pm.

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Functions would also not be allowed to take place on a Queensland public holiday or on a Sunday unless followed by a Queensland public holiday.

The subject site at 658 Louis Bazzo Drive.

An on-site event manager would also be required to ensure that noise levels be monitored  and comply with relevant noise standards.

A notice of appeal stated the conditions the applicant was seeking to have overturned were “not relevant” and “unreasonable” to the overall development.

“The evidence demonstrates that the approved use could operate to at least 11pm without any unreasonable adverse impacts on sensitive receptors caused by the approved development including with guests departing by midnight,” the document stated.

“The limitation on operations should not apply to circumstances where the public holiday falls on a Friday and the evidence demonstrates the approved use could operate on a public holiday without adverse impacts on sensitive receptors.

“The (event manager) condition is unreasonable because there may be instances when the operator or on-site manager may not be ‘on the premises’.

“An amended development condition that requires the operator or on-site manager to be available by telephone when not on the premises would reduce the appellant’s concern.”

The Planning and Environment Court is yet to set a date for the matter to be reviewed.

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