2022-04-19 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                       19 APRIL 2022


6.    REPORTS DIRECT TO GENERAL COMMITTEE


7     FURTHER REPORT - MCU21/0194 FOR MATERIAL CHANGE OF USE APPLICATION
      FOR A ROADSIDE STALL AT 201 MARY RIVER ROAD, COOROY

Author                  Graduate Development Planner, Jada Lyons
                        Environment & Sustainable Development Department

Index                   ECM/ Application/ MCU21/0194

Attachments             Nil




EXECUTIVE SUMMARY
The applicant seeks retrospective approval to operate a roadside stall at 201 Mary River Road,
Cooroy. The roadside stall consists of a bus, covered tables to display produce for sale and seating
for patrons to utilise. It is considered that the proposed use does not fit the definition of a roadside
stall under the Noosa Plan 2020 and constitutes a food and drink outlet use.
The application was presented to the Planning and Committee Meeting on 12 April 2022, and it
was resolved that the matter be referred to the General Committee Meeting on 19 April 2022, with
an alternative motion for councillors to support the operation of a use that can lawfully be conducted
as a roadside stall.
The application is recommended for refusal as the proposed use is not a roadside stall and the
applicant seeks to maintain the coffee shop component.

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 April 2022 and the further report to the General Meeting dated 19
April 2022 regarding Application No. MCU21/0194 for a Material Change of Use for a Roadside
Stall situated at 201 Mary River Road, Cooroy and
A.    Refuse the application for the following reasons:
      1.    The proposal is not for a Roadside stall as defined under Schedule 1.1 of the Noosa
            Plan 2020 because:
            a.    The proposal includes on site seating for patrons to consume goods purchased
                  on site; and
            b.    The proposal is not a rural activity.
      2.    The proposal is for a food and drink outlet which under Part 5, Table 5.5.1 of the Noosa
            Plan 2020 is an inconsistent use requiring impact assessment.
      3.    The proposal is contrary to the Purpose, Overall Outcome 2(d) of the Rural Activities
            Code as the proposal is not a rural activity.
      4.    The proposal does not comply with Acceptable Outcomes AO25.1 & AO25.2, and
            Performance Outcome PO25 of the Rural Activities Code in the Noosa Plan 2020 as
            the proposal:
            a.    the sale of baked goods and coffee is not associated with the rural use of the
                  land.


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