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



      5. This element of the proposal is contrary to performance outcomes PO1, PO2, PO3, PO11,
      PO12, PO13 of the Business Activities Code as:
         a) The proposal is a type of business activity that is at odds and is not compatible with
         the purpose of the site’s rural zoning.
         b) The proposal seeks to locate a business activity outside the business centres shown
         in the Noosa Shire Centres Hierarchy.
         c) The proposed food and drink outlet is a use that is not typically expected to be found
         in the rural areas of the Shire.
         d) The proposal is adversely impacting the amenity of nearby residents, with its early and
         week-end operating hours, uncoordinated and uncontrolled carparking on the road reserve
         and coffee shop customers coming and going from the site.


      6. This element of the proposal is contrary to overall outcome (b) and performance outcome
      PO6 of the Driveways and Parking Code and overall outcome (e) and performance outcome
      PO16 of the Business Activities Code as the proposed on-site car parking is insufficient to
      accommodate the number of vehicles generated by the development.

D.   Refuse to amend Condition 4 of the development approval for the following reason:
      7. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities
      Code as the requested change includes the sale of food and beverages that are not ancillary
      to a bona fide cropping or animal husbandry use on site.

E.   Refuse to delete Conditions 5 and 7 of the development approval for the following reasons:
      8. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities
      Code as the request to delete these conditions relates to the proposal for a food and drink
      outlet to operate from the site which is not supported. Any provision for the tasting of foods
      and beverages proposed to be produced on site would not be ancillary to a bona fide cropping
      or animal husbandry use on site.

F. Advise the applicant that the food and drink outlet must cease operating from the site within 3
months of the date of Council’s decision, with any unapproved structures removed.

G. Advise the applicant that the roasting of coffee beans on site must cease within 3 months of the
date of Council’s decision, and to lodge a subsequent code assessable development application for
a Material Change of Use – Home-based Business (coffee roasting).

H.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.