MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR A ROADSIDE STALL TO INCLUDE A FOOD AND DRINK OUTLET AT 201 MARY RIVER RD, COOROY (Referred from Planning & Environment Committee dated 7 November 2023 - Item 5.2) · Report

GENERAL COMMITTEE MEETING                                                        13 NOVEMBER 2023



Additionally, the request also includes changes to and deletion of a number of the existing conditions
of approval. These changes predominantly relate to the provision of food and drink and onsite dining,
and as such, are commensurate with the requested food and drink outlet use, not the approved
roadside stall use. The changes to the conditions are also recommended for refusal, with only the
change to the proposal plans to reflect the as constructed development on the site is recommended
to be supported.
RECOMMENDATION
That Council note the report by the Senior Development Planner to the Planning & Environment
Committee Meeting dated 7 November 2023 regarding Application No. MCU21/0194.01 for an other
change to a Development Permit for Material Change of Use (Roadside Stall) to include a Food and
Drink Outlet, situated at 201 Mary River Rd, Cooroy and:

A.   Approve, in part, only (with amended Condition 2) and part refusal.

B.   Approve the change to Condition 2 as outlined in Attachment 1.

C.   Refuse the Food and Drink Outlet component of the application for the following reasons:
      1. This element of the proposal does not advance the elements and strategies of the South
      East Queensland Regional Plan as it does not value add to the site’s on-farm agricultural
      activities.


      2. This element of the proposal is contrary to the Intent and Outcomes of the Strategic
      Framework, Section 3.3.1 (e) and Section 3.3.5 (h), (v) and (w) as:
         a) The proposal is not a rural activity or a rural enterprise and such uses are intended to
         be located in business centres to contribute to their vibrancy.
         b) The proposal does not value add to the site’s rural activities, would be the primary use
         on the site and is in no way ancillary to the approved roadside stall.
         c) The proposal predominantly caters to passing trade, largely locals in the area, and has
         only a limited tourism focus.


      3. This element of the proposal is not consistent with overall outcomes (b), (i) and
      performance outcomes PO1, PO4 and PO8 of the Local Plan Code for Cooroy as:
         a)   The proposed use is located outside the urban boundary and the Cooroy town centre.
         b) The proposed use will adversely interrupt the landscape character and visual amenity
         of Mary River Road, being very different to uses envisaged in rural areas of the Shire.


      4. This element of the proposal is contrary to overall outcomes (a) & (l) and performance
      outcomes PO1, PO5 & PO13 of the Rural Zone Code as:
         a) The proposal is not a rural activity, it is an urban activity, and will not value add to
         goods produced on site.
         b) The proposal does not have an indelible connection to the rural or ecological values
         of the site and is more appropriately located in an urban area.
         c) There is no overriding community benefit for the food and drink outlet to be located
         on the site, with no particular circumstances relevant that warrant the proposal.
         d) The proposal will detract from the scenic amenity of Mary River Road being part of
         the major road network for the Shire.