2020-04-30 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                  30 APRIL 2020


On 30 July 2002 the Maroochy Shire Council Team Leader Development Assessment sent a letter
to the property owner advising that the inclusion of an activity that includes the provision of serving
tea, coffee and cake to customers of the garden centre may be considered an ancillary use. It is
noted that under the current planning scheme the nursery would be defined as Retail Business Type
7 – Garden and Lifestyle Centre which would also permit an ancillary coffee shop.
In 2010 Council provided written advice to the property owner that the building in which the proposed
office is located could be used for the purpose of selling nursery related products as this was
considered ancillary to the nursery. An inspection of the site has confirmed that the gift shop is selling
a range of items including plant pots, vases and homewares.
Therefore, the existing coffee kiosk/gift shop are considered to have either existing use rights or are
ancillary to the site’s lawful use as nursery and do not require a further development approval from
Council.
2.2. Site Description
The site is a rectangular shaped lot which is situated on the corner of David Low Way and Jabiru
Street and serviced by access from Jabiru Street. The existing access off Jabiru Street is
approximately 7.5 metres wide and provides access via to 2 separate sets of gates. One of the
gates services a dwelling which is partly situated on the subject site and partly on the adjoining lot
which is in the same ownership as the subject site. Off street angled parking is located to the David
Low frontage and extends beyond the southern boundary of the site. The topography is generally
flat with the site area being approximately 500m2.
With regards to car parking associated with the existing nursery it is noted that 10 existing car parking
spaces are situated within the road reserve adjacent to the frontage of the 3 lots known as 2197
David Low Way and currently in the same ownership. It is unclear as to when these spaces were
created.




                           Figure 6: Car parking in the road reserve (highlighted)




                                                                                          Page 33 of 60