2022-04-19 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                      19 APRIL 2022


           b.      Includes the sale of baked goods and coffee, which does not fit the definition of
                   fresh or processed produce.
           c.      Is not appropriate for a rural setting as the proposal is a food and drink outlet,
                   which is an inconsistent use in the rural zone.
     5.    The proposal does not comply with Acceptable Outcome AO26 and Performance
           Outcome PO26 of the Rural Activities Code in the Noosa Plan 2020 as the proposal:
                a. Seeks to operate from 5:30am on weekdays and 7:00am on weekends in lieu of
                   the operating hours set out in Acceptable Outcome AO26 of 9:00am to 5:00pm.
                b. The proposal is not ancillary to the keeping of beehives and chickens as the
                   proposal is primarily a coffee shop which is unrelated to the animal husbandry
                   use.
     6.    The proposal is contrary to the Purpose and Overall Outcomes of the Rural Zone Code
           as the proposed use is not a rural activity and is not consistent with the role and function
           of the rural zone and there is no overriding need for the use to be located in the area.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
A report on this application was considered by the Planning and Environment Committee Meeting
on 12 April 2022 and was subsequently referred to the General Committee Meeting on 19 April
2022. During the course of discussions at the Planning and Environment Committee Meeting,
Councillors considered that the proposal may be able to be conditioned to ensure the use lawfully
operates as a road stall. Councillors in discussion indicated that the roadside stall would benefit
the local community and tourism sector.
In the circumstances, the Planning and Environment Committee resolved the following:
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee
for a further report which includes:
A.   A set of conditions that would allow Council to approve those uses that can be lawfully
     conducted as a Roadside Stall on the grounds that:
     1.    It meets the Strategic Intent of the Planning scheme which supports rural tourism and
           further acknowledging those aspects of the use are consistent with the aim to facilitate:
           “The evolution of traditional agriculture and the emergence of new sectors are
           supported by encouraging opportunities for value adding to occur before agricultural
           produce leaves the farm gate or leaves the region” and staff be requested to liaise with
           the applicant to ascertain their position.
     2.    The use contributes to the overall outcome 2 (h) of the Rural Zone that envisages that
           “The establishment of outdoor recreation and small-scale tourism facilities in suitable
           locations is facilitated in a manner that does not significantly compromise the rural
           productivity or ecological values of the land.”
B.   Wording to append to the conditions of approval an advisory note that would indicate to the
     applicants that Council would be amenable to considering an application for a Low Use
     Commercial activity on the road reserve immediately in front of the premises for the running
     of mobile coffee bus on the grounds that such a use is consistent with the Commercial Use
     of Community Land Policy that requires the commercial use activity to enhance the visitor
     and local experience of Noosa Shire.

The applicant’s consultant was advised of the Committee resolution and recommended conditions
for approval. The applicant’s consultant maintains that the proposed use which includes the sale
of coffee and baked goods meets the definition of a Roadside Stall under the Noosa Plan 2020.

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