Information Request MCU21 0194

Officer: 	Jada Lyons
Direct Telephone: 	07 53296527
Our Reference:	MCU21/0194
Your Reference:	n/a
6 December 2021
RJ Noy
C/- Brennan Planning P/L
44 Maple St
COOROY QLD  4563
[email protected]
Dear Sir/Madam,
Information Request
Planning Act 2016
I refer to your application and advise that Council requires further information to satisfactorily assess the proposal.
application details
Application No.	MCU21/0194
Street Address:	201 Mary River Rd Cooroy Qld 4563
Real Property Description:	Lot 3 SP 139173
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
INFORMATION REQUIRED
The information requested is set out below:
Issue
The application states that temporary seating is available for visitors to utilise. A site inspection has confirmed that the seating is being utilised by patrons to consume food and drinks at the premise. This is inconsistent with a roadside stall use where it is intended that the use be limited to the display and sale of goods. The consumption of food and drink at the premises is consistent with how a Food and Drink Outlet operates.
The application states that goods produced onsite and by surrounding businesses will be sold as part of the roadside stall use. Acceptable Outcome AO25.2 of the Rural Activities Code requires that “produce sold at the roadside stall is limited to fresh or processed produce which is grown or produced on the site or in the surrounding area”. It is noted in the application that products, such as soft drinks, that do not fit the definition of produce will be sold at the stall. This is inconsistent with a roadside stall use and is more suitable for a Food and Drink Outlet.
It is also noted from site inspections that the number of cars parked in the road reserve at the front of the property and the neighbouring property at times exceeds the anticipated amount for a roadside stall (3), with approximately 10 parked cars having been observed. This is further evidence that the use is not a roadside stall and instead a Food and Drink Outlet.

Information Required
Withdraw or amend the current application and apply for a food and drink outlet to match the current use.
Provide a plan of visitor parking located within the site boundary, noting that a minimum of three parking spaces is required for a roadside stall.
It should be noted that a proposal for a Food and Drink Outlet is unlikely to be supported by planning officers.
Issue
Acceptable Outcomes AO4 and AO26 of the Rural Activities Code requires that “customers or clients do not attend the site outside the hours of 7:00am to 6:00pm daily” and “facilities that allows for the tasting or purchase of food and beverages produced on site do not operate outside the hours of 9:00am to 5:00pm daily”. It is noted in the application that food and beverage sales would operate between 5:30am to 1:00pm on weekdays, which does not comply with Acceptable Outcomes AO4 and AO26. This has the potential to cause amenity issues to surrounding residents and users of surrounding sites.
Information Required
Amend the operating hours of the stall to comply with Acceptable Outcomes AO4 and AO26.

due date for response to information request
The due date for providing the requested information is 6 March 2022. Email your response to [email protected]. Please advise Council of your response to this information request in accordance with section 13 of the Development Assessment Rules.
If you do not provide a response before the due date, it will be taken as if you have decided not to respond to the information request and Council will continue with the assessment of your application.
other details
You can follow the progress of this application online at www.noosa.qld.gov.au. The “Online Services” page can be accessed via "Quick Links" on the left-hand side of the screen.
Should you have any further queries in relation to the above, please do not hesitate to contact me on the number above.
Yours faithfully,

Jada Lyons
Assistant Development Planner

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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