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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) · ATTACHMENT 2 – OFFICER’S REPORT
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ATTACHMENT 2 – OFFICER’S REPORT
REPORT
1. PROPOSAL
This application seeks to change a development approval for a roadside stall to include a food and
drink outlet and expand the range of goods sold on site to:
• Locally roasted coffee from Cooroy Coffee Roasters which is processed into drinks on site;
• Locally processed breads from Jeremiah’s Crust in Carters Ridge;
• Locally processed milk products including drinks and ice cream;
• Honey that is produced on site from beehives;
• Eggs that are produced on site;
• Fruit, vegetables and herbs that are grown on site and on nearby properties in the Cooroy
Hinterland; and
• Juices from the fruit and vegetables available for sale.
The applicant also proposes to amend the approved plans changing the design and size of the
roadside stall from a 3m x 3m roofed area to a 6.23m x 4.315m (26.3m2) enclosed building with a
cold room. Seating for up to 12 people is proposed generally adjacent the bus, with some goods
also displayed for sale on tables adjacent to the bus entry. On site car parking is proposed to
increase from 3 spaces to 4 spaces.
The applicant proposes to retain the same operating hours of 5.30am to 1pm Monday to Friday
and 7.30am to 4pm Saturday and Sunday.
Figure 1 – Locality
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Page 2
Figure 2 – Approved Site Plan
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2. SITE DETAILS
2.1. Background
In June 2021 the applicant was issued with a Commercial Low Use Permit for Bus Stop Espresso
to operate a mobile coffee vendor (CUL21/0003). The permit stipulated the approved location as
being within the Cooroy Industrial Area. However, upon commencement of the business, the
applicant began parking the bus at the front of their property in Mary River Road. Council was
made aware of the coffee vendor operating out of a bus on Mary River Road in September 2021.
In November 2021 the applicant lodged a development application seeking approval to operate a
roadside stall on the Mary River Road site.
On 21 April 2022 Council resolved to approve the application subject to a number of conditions to
ensure the approved use operated in accordance with the planning scheme’s roadside stall
definition and remained small scale. In this regard while the applicant purported that the roadside
stall also permitted a coffee shop to operate, this was not agreed to by Council with the coffee shop
clearly separately defined by the planning scheme as a food and drink outlet.
Conditions of approval included the following:
4. The approved use must only involve the sale of fresh or processed produce produced on the
site and surrounding properties, including:
a. Honey that is produced on site from beehives
b. Eggs that are produced onsite
c. Fruit, vegetables and herbs that are grown on site and on nearby properties in the
Cooroy Hinterland
d. Bottled juices from the fruit and vegetables available for sale.
5. Food and drink must not be prepared and sold for consumption on the premises. No on-site
dining is permitted.
6. The approved use must be operated by a permanent resident or residents of the detached
house on the site. A maximum of two (2) employees are permitted.
7. The approved use must not exceed 40m2.
8. The approved use must not operate outside the hours of 5:30am to 1:00pm Monday to
Friday, and 7:30am to 4:00pm on Saturday and Sunday.
Notably Council also resolved at the time to:
• Advise the applicant that they may wish to make an application for a Low Use Commercial
Activity to permit the operation of a mobile coffee bus on the road reserve immediately
adjacent the roadside stall.
• Advise the applicant that if they wish to continue to operate the stall as a coffee shop an
application is required for a food and drink outlet. The application should be lodged within 6
months and during this time the use may continue to operate from the site subject to the use
not causing any significant impacts on the area.
This Other change application was lodged on 11 December 2022 in accordance with the above
Council resolution.
On 12 April 2023 Council received a complaint regarding the food and drink outlet operating on the
site. Council Officer’s attended the site and noted that works had been carried out on site without
the relevant planning, building and plumbing approvals in place. Enforcement action was
subsequently undertaken by Council’s Building and Plumbing departments. Noting that the
unapproved works were currently undergoing planning assessment, no enforcement action was
carried out by the Planning department.
On 25 July 2023 a request was received by the Planning department for an exemption certificate
‘relating to building works for additions to a dwelling house (shed)'. The shed in question is the
unapproved structure subject to the current application. The request sought a certificate confirming
that the proposal was exempt from requiring a development permit due to an error in the Noosa
Plan 2020, whereby the table of assessment incorrectly triggers building works where located in
Page 6
the flood hazard overlay. Council refused the request to issue an exemption certificate, as the error
referenced is in relation to building works associated with a dwelling house. As the applicant was
seeking exemption for was part of the roadside stall use (and was currently undergoing
assessment) the error was not relevant to the proposal and as such an exemption certificate was
not issued.
It is noted that numerous subsequent complaints have been received by council regarding safety
concerns and amenity impacts resulting from the use on the site. In addition, a petition with 148
signatures was received opposing the food and drink outlet due to safety concerns regarding
parking and impacts on access to/from the neighbouring property. The petition was tabled at the
21 September 2023 Ordinary Meeting requesting ‘that Council consider the access issues at the
adjoining property due to the development at 201 Mary River Road, Cooroy (MCU21/0194.01) be
received and referred to the Chief Executive Officer to determine appropriate action’.
2.2. Site Description
The subject site is a 2.7 hectare rural lot with a dwelling house and associated structures built on
site. The site is heavily vegetated towards the front boundary with the roadside stall and proposed
food and drink outlet in a mapped area of biodiversity significance. The applicant advises that
beehives and chickens are kept on site with a fruit orchard also established.
2.3. Surrounding Land Uses
The subject site is surrounded by large rural lots, with an Environmental Management and
Conservation Area located to the north. The Cooroy Transfer Station and Black Mountain Rural
Fire Service are located opposite the subject site on Mary River Road.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan 2017;
• Planning Regulation 2017;
• Noosa Plan 2020.
3.2. State and Other Statutory Instruments
State Planning Policy
The Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and
the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Regional Landscape and Rural Production Area of the SEQ Regional
Plan. The food and drink element of this proposal does not fit the intent of the Regional Landscape
and Rural Production Area, which aims to protect the values of rural land from encroachment by
urban and rural residential development. Limited retail activity is allowable in the Regional
Landscape and Rural Production Area that will help to improve agribusiness, tourism, recreation
and creative industries. The food and drink element of this proposal is not considered to improve
these areas as it does not value add to the site’s on farm agricultural activities.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the
application:
• Koala Habitat Area – the proposal is located in Koala Priority Area, however, does not
interfere with Koala Habitat Area and thus complies with the requirements of the regulation.
3.3. Statutory Instruments – Planning Scheme
The subject site is in Cooroy and is zoned Rural. A Roadside Stall is identified as a consistent use
for the Rural Zone, however a Food and Drink Outlet is an inconsistent use and is subject to an
Page 7
impact assessment process. Accordingly, the application must be assessed against the whole of
Noosa Plan 2020 to the extent the provisions are relevant to the development.
FOOD AND DRINK OUTLET USE
3.3.1 Strategic Framework
The Strategic Framework intent identifies that throughout the hinterland, rural living, bushland
management, rural production and nature-based tourism will be the focus, with significant land
protected for its agriculture potential or for biodiversity values. The strategic intent also identifies
that working farms will coexist with complementary enterprises, outdoor recreation and rural
tourism.
This strategic intent is reflected in the following strategic outcomes:
Section 3.3.1 Settlement
(e) Outside urban and rural residential areas, lands are maintained for their rural,
landscape and biodiversity values. The hinterland accommodates vibrant villages, rural
living, agricultural and complementary enterprises, and natural bushland tracts against
a backdrop of mountains, ranges and waterways.
Section 3.3.5 Economy and Employment
(h) Activity centres are vibrant hubs of activity with appropriate mixed uses creating diverse
enterprise and housing opportunities, as well as access to good transport, community
services and well-connected fast communication and digital services.
(v) Important agricultural areas, shown on the Agricultural Land Map in Schedule 2, are
recognised for their contribution to a diverse economy, food security and good
stewardship of the land for future generations. Agricultural lands are protected from
encroachment and fragmentation from incompatible land uses.
(w) Rural enterprises provide a variety of services and employment opportunities and
growth in traditional and emerging sections are encouraged. These may include
primary production, agribusiness, value adding, farm gate sales, cottage industries,
artisans workshops and rural tourism.
The proposal will not compromise the biodiversity values or rural productivity capacity of the site
as no clearing is proposed and the area being used for the roadside stall and food and drink outlet
is not viable for farming, given its limited area and suitability due to it being vegetated.
However, the food and drink element of this proposal is at odds with the strategic outcomes for
rural areas and business centres as it is not a rural activity or rural enterprises, it is an urban activity
and such uses are intended to be located in business centres to contribute to their vibrancy. The
food and drink outlet also does not value add to the site’s rural activities. It is also clear from its
past and current operations that the food and drink outlet is the primary use, with the roadside stall
a minor component only.
The proposed food and drink outlet also predominantly caters to passing trade, largely locals living
in the area, and has only a limited tourism focus. While part of the Noosa trail network is located
nearby, east of the Bruce Highway, the proposal is not on a well-recognised tourist route or located
in proximity to a rural tourist attraction. It is located approximately 2.1km from the entrance to the
Cooroy’s town centre, opposite the Cooroy Transfer Station and Rural Fire Service.
3.3.2 Cooroy Local Plan Code
While the subject site is not located in the mapped Cooroy Local Plan Area, it is located within
close proximity to Cooroy, and therefore the Local Plan Code for Cooroy is relevant to the
assessment of this proposal. In particular, the following overall and performance outcomes are
notable:
Section 7.2.2 Overall Outcomes
(b) Development is limited to land within the urban boundary and maintains a defined edge
to the town to protect and reinforce the character and identity of Cooroy, provide
efficient provision of infrastructure and services, avoid constrained land and protect the
landscape character and productivity of surrounding rural and rural residential land.
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(i) Cooroy town centre remains compact with expansion of retail and commercial functions
limited to land included within the District Centre zone.
Section 7.2.2.3 Performance Outcomes
PO1
Development enhances the role of Cooroy as the largest centre in the Noosa Hinterland,
providing a wide range of business and employment services, recreation facilities,
community services, housing choice and a limited range of visitor services.
PO4
The visual amenity surrounding the major road network and entry is protected and enhanced.
PO8
Cooroy town centre functions as a district centre with a wide range of business and
community functions, servicing Cooroy and surrounding hinterland communities.
The Cooroy Local Plan Code consistently reflects the planning scheme’s strategic framework to
limit development to within the urban boundary, achieve a compact town centre and protect the
landscape character of surrounding rural land, including the visual amenity of the major road
network (which includes Mary River Road). It is not intended to permit urban activities in rural
areas to spread out along the major road network that should otherwise be in the town centre. The
proposed food and drink outlet use interrupts the landscape character and visual amenity of the
area, with its array of signage, often multiple cars parked in the road reserve and several structures
located close to the front boundary.
Figure 7 – Photo taken looking west along Mary River Road
3.3.3 Zone Code
The site is zoned Rural under the Noosa Plan 2020, with lands zoned rural intended to support
rural activities.
Section 6.8.3.2 Overall Outcomes
(a) The establishment of a wide range of rural activities is facilitated, including animal
husbandry, aquaculture, cropping, horticulture, roadside stalls, rural industries, forest
practices, wholesale nurseries and other primary production and compatible uses.
(l) Rural activities provide for appropriate value adding to produce on site where adverse
environmental and amenity impacts are avoided.
Section 6.8.3.3 Performance Outcomes
PO1
Land uses in the Rural zone are limited to those which are compatible with agriculture and
the protection of environmental and landscape values.
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PO5
Uses such as nature based tourism, outdoor education, environment facilities and outdoor
sport and recreation may be appropriate where:
a) they cannot be more appropriately located in urban areas;
b) they have an indelible connection to rural or ecological values of the site;
c) there is an overriding community benefit of the development;
d) they are not located on Agricultural Land Conservation Area as shown on the
Agricultural Land Overlay Maps in schedule 2 or are temporary in nature so as not to
compromise agricultural uses in the future; and
e) they do not interfere with remnant vegetation or ecologically important areas.
PO13
Development does not detract from the scenic amenity of the hinterland as experienced from
the major road network or waterways.
The food and drink element of this proposal is contrary to the outcomes sought for the Rural Zone,
as it is not a rural activity, does not value add to goods produced on site and does not have an
indelible connection to the rural values of the site. The use is more appropriately located in an
urban area and there is no overriding community benefit for a coffee shop to locate on the site.
While the applicant suggests that the food and drink outlet is associated with the roadside stall and
will further benefit and encourage the sale of locally sourced agricultural products, the planning
scheme does not intend that coffee shops are established with roadside stalls. Roadside stalls are
largely accepted development throughout the rural areas of the Shire and there are no grounds or
particular circumstances relevant to support the food and drink outlet on this site or distinguish it
from other rural sites.
3.3.4 Business Activities Code
Section 9.3.7.3 of the Business Activities Code includes the following performance outcomes that
are most applicable to the proposal.
PO1
Business activities are compatible with the purpose of the zone in which they locate and the
site is suitable for the use having regard to accessibility, infrastructure and servicing.
PO2
The business activity is located within an existing business centre or visitor centre shown in
the Noosa Shire Centres Hierarchy or in an industrial zone.
PO3
Business activities are of a type, scale and intensity that is consistent with the zone, locality
and character of the area in which it is located and reinforces the Noosa Shire Centres
Hierarchy.
PO11
Business activities are operated in a manner that avoids or minimises evening, early morning
or weekend noise nuisances to sensitive land uses, particularly surrounding residential uses.
PO12
Business activities maintain the reasonable privacy and amenity of site and adjoining
residents and their enjoyment of indoor and outdoor living areas is not unreasonably
diminished.
PO13
Business activities are designed, sited and operated to avoid environmental nuisances such
as noise, visual or odour impacts that unreasonably diminish the amenity of the area or
surrounding uses.
The proposed food and drink outlet is at odds with the purpose of the site’s rural zone and is clearly
not located within an existing business centre or visitor centre. The use is one that would not
typically be expected to be found in a rural area in the Shire and is impacting the amenity of nearby
residents, with its early and week-end operating hours, uncoordinated and uncontrolled car parking
on the road reserve and within Wurli Court blocking access to adjoining properties (refer to
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Attachment 2 – Site Photos), and coffee customers coming and going from the site, with groups
larger than the 12 people stated in the application attending the site at times.
Conditions of approval for the roadside stall are also not being met, with no onsite parking having
been constructed, advertising hours of operation being from 7:00am on weekends and the
approved use exceeding 40m2. A new proposed building has also been constructed on site without
appropriate approvals and such historical management of the existing use is likely to be
problematic for nearby residents where continued.
3.3.5 Works Code
The applicant submitted a traffic and access assessment prepared by Recor Consulting for the
roadside stall and food and drink outlet which states that the site is able to provide sufficient onsite
parking for patrons and there will be no adverse impacts on the road network as a result of the
proposal.
Acceptable Outcome AO16 of the Business Activities Code requires one space per 20m² of use
area and outdoor business area, excluding kitchen and food storage areas for the food and drink
outlet, and Acceptable Outcome AO6.1 of the Driveways and Parking Code requires a minimum
of one carpark for the roadside stall component of the use.
The applicant has stated that the proposal includes a total use area and outdoor business area of
80m2 and therefore requires 4 carparks, and as such the whole development requires a total of 5
carparks, with the applicant proposing to provide 8 onsite parks. It is noted that a site inspection
carried out by Council officers indicated a substantially larger use area was being utilised than
proposed in the application material. This was raised with the applicant, who confirmed that the
use area was proposed to be restricted to those areas indicated on the proposal plans.
It is noted that the traffic and access assessment provided indicates that a vehicle exiting the fourth
front space goes beyond the property boundary into the adjoining lot (10 Wurli Court) when
manoeuvring out of the space and provides only a 2.8m width for the internal driveway. It is
considered that this space is not functional and therefore it is considered 7 viable carparks are
proposed on site.
Figure 8 – Non-compliant carparking manoeuvring
The traffic and access assessment states that approximately 62 vehicles would typically visit the
site daily. It is noted that Council officers are not concerned regarding the impacts of the traffic
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volume on the road network, however concerns remain around the reality of how patrons attending
the site are parking. The traffic and access assessment works under the assumption that all
vehicles attending the site are entering and exiting via Wurli Court (refer to Figure 5). However,
site inspections undertaken by Council officers have witnessed up to 10 cars parked in the road
reserve at a time. Additionally, the aerial below from May 2023 shows 17 cars parked in the road
reserve, including in front of the adjoining property to the east, whilst Attachment 2 – Site Photos
supplied to council includes a recording over a two-week period of vehicles parking in the Mary
River Road road reserve.
Figure 9 & 10 - Wurli Court
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It is noted that the report does mention the existing parking in the Mary River Road reserve but
does not provide a solution to the issue. The report does not prescribe any recommendations (eg
signage etc) to ensure that customers do not park on the Mary River Road reserve and/or are
directed to the onsite parking. The report has not adequately demonstrated that vehicles attending
the site can safely enter and exit carparking along the road reserve, and additionally, the proposed
car parking does not satisfy the observed car parking demand for the use.
It is noted that it would be very difficult and time consuming for Council to monitor the site and
enforce any condition of approval requiring patrons to park on site and enter and exit via Wurli
Court.
Additionally, it is noted that a petition with 148 signatures was received from the neighbouring
property owner outside of the public notification period (and as such is not considered a properly
made submission) opposing the food and drink outlet due to safety concerns regarding parking
and impacts on access to/from the neighbouring property. The petition was tabled at the 21
September 2023 Ordinary Meeting requesting ‘that Council consider the access issues at the
adjoining property due to the development at 201 Mary River Road, Cooroy (MCU21/0194.01) be
received and referred to the Chief Executive Officer to determine appropriate action’.
Figure 11 – Aerial image – Sunday 28 May 2023
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Figure 12 – Aerial image – Friday 8 July 2022
ROADSIDE STALL USE
3.3.4 Rural Activities Code
A roadside stall is defined as ‘the use of premises for the roadside display and sale of goods in a
rural area’. As discussed, the roadside stall use was approved by Council on 21 April 2022 subject
to conditions to ensure the approved use remained small scale. The applicant has requested to
amend Condition 4 of the original approval, which states:
4. The approved use must only involve the sale of fresh or processed produce produced
on the site and surrounding properties, including:
a. Honey that is produced on site from beehives
b. Eggs that are produced onsite
c. Fruit, vegetables and herbs that are grown on site and on nearby properties in
the Cooroy Hinterland
d. Bottled juices from the fruit and vegetables available for sale.
to read as follows (additions bolded):
The approved use must only involve the sale of fresh or locally processed or produced
goods on the site and surrounding properties, including:
a. Locally roasted coffee which can be made into drinks;
b. Locally processed breads;
c. Locally processed milk products including drinks and ice cream;
d. Honey that is produced on site from beehives;
e. Eggs that are produced onsite;
f. Fruit, vegetables and herbs that are grown on site and on nearby properties in
the Cooroy Hinterland; and
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g. Fresh and bottled juices from the fruit and vegetables available for sale.
Additionally, the applicant has requested to delete Conditions 5 and 7, which state:
5. Food and drink must not be prepared and sold for consumption on the premises. No
on-site dining is permitted.
7. The approved use must not exceed 40m2.
The acceptable outcomes of Noosa Plan 2020 stipulates that a roadside stall must be ancillary to
a rural use conducted on the same site, with produce sold at the roadside stall being limited to
fresh or processed produce which is grown or produced on the site or in the surrounding area.
Additionally, the planning scheme acceptable outcomes requires that buildings or structures
associated with the roadside stall are temporary, mobile, or constructed of materials that can easily
be dismantled following the cessation of the use, and that the tasting or purchase of food and
beverages produced on site do not operate outside the hours of 9:00am to 5:00pm daily. Where
the proposal does not meet these requirements, the proposal is required to comply with the
following requirements:
PO25
A roadside stall is limited in scale, appropriate to a rural setting and provides only for the sale
of locally grown and manufactured goods.
PO26
The tasting and purchase of food and beverages produced on site is ancillary to a bona fide
cropping or animal husbandry use on site.
The requested change to Condition 4 includes the sale of products that are not ‘locally grown‘,
whilst the tasting and purchase of the food and beverages proposed would not be ‘ancillary to a
bona fide cropping or animal husbandry use on site’. The requested changes do not comply with
PO25 and PO26 of the Rural Activities Code, and rather, are commensurate with the proposed
food and drink outlet use which (as discussed above) is not supported.
The request to delete Conditions 5 and 7 also relates to the proposal for a food and drink outlet to
operate from the site. Although a roadside stall may include facilities for tasting of foods and
beverages produced on site (in this case being limited to honey, eggs and limited fruit, vegetables
and herbs) this would not be ancillary to a bona fide cropping or animal husbandry use on site. As
such, the preparation of food and drink and consumption on site would constitute a food and drink
outlet.
Additionally, as discussed in the Background section of the report, the structure proposed to be
utilised for the roadside stall component of the use has been constructed prior to receiving the
appropriate planning, building and plumbing approvals. The structure is 26m2, whilst the bus is
24m2, as such structures proposed to be used for the uses total 50m2. The roadside stall is
conditioned to be a maximum of 40m2 to ensure the use remains limited in scale and appropriate
to a rural setting. The application material indicates the bus was proposed to be utilised for the
food and drink use, whilst the below structure was proposed to be utilised for the roadside stall
use. As such, it is recommended the approved plans include an annotation limiting the gross floor
area of the use to 40m2.
Therefore, it is recommended that the request to delete Conditions 5 and 7 be refused due to non-
compliance with the Rural Activities Code.
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HOME-BASED BUSINESS USE
3.3.5 Additional Comments
It is noted that the applicant also proposes to roast coffee beans on site. A complaint has been
received regarding the smell emanating from the site when the beans are being roasted. An
Information Request was issued to the applicant requesting confirmation on where the coffee
roasting was proposed to occur, and to provide any mitigation measures proposed to ensure that
the roasting will not result in noise and odour impacts. The applicant responded stating that the
use can be carried out as a home-based business under the accepted development provisions of
Noosa Plan 2020. It is noted however, that coffee roasting is defined as a Medium Impact Industry
under Noosa Plan 2020. As such, coffee roasting triggers a code assessable development
application under Noosa Plan 2020 due to non-compliance with the relevant acceptable outcomes
of the Home-based Business Code, being:
AO9.1
The home-based business does not include an operation that would otherwise be defined as
medium impact industry or high impact industry.
AO9.4
The home-based business does not produce any dust, fumes, smoke or odour emissions
discernible beyond the site boundaries.
Therefore, should the applicant wish to continue roasting coffee beans on site, a subsequent code
assessable application for a Material Change of Use – Home-based Business (coffee roasting) is
required to be lodged for assessment against Noosa Plan 2020. An item is included in the
recommendation to inform the applicant of this requirement.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
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4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers:
• Development Engineer
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act
2016. 29 submissions with 7 of these being properly made (2 in support and 5 objections).
The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised Comments
The traffic, lack of parking and pathways Agree, existing and proposed on site car parking
has been problematic for locals, disrupting clearly does not the car parking demands.
their peace and blocking driveways to
neighbours properties.
Cars are parked illegally on the road Agree, it is not desirable for this number of cars
reserve and it is unsafe with a number of to be parking in the road reserve.
near misses and at least one collision. It
is unsafe for children crossing the road to
catch the school bus.
The business is impacting on Agree, this use would not be expected by
neighbouring amenity, including privacy residents choosing to live in a rural area and is
and security. Many people buy into the impacting nearby residents amenity.
area for peace and quiet and this is ruined
by customers everyday wanting their
coffee. An expansion would exacerbate
these issues.
The business does not fit within the Agree, the proposed use interrupts the
established character of the area and is landscape character and visual amenity of the
out of context for the location, with several area.
structures, a bus and numerous cars
parked on the road reserve.
There is an obvious lack of toilet facilities A site inspection confirmed on port-a-loo has
to accommodate staff and customers. been provided on site. The provision of toilet
facilities is not a planning matter, rather this is
regulated by the Building Code of Australia. It is
noted that Council’s Plumbing department has
been notified of the development and the
provision of the port-a-loo.
Coffee shops should be located in town Agree.
away from our neighbourhood. There is
no need for one to locate on Mary River
Road.
Business owners in Cooroy are under Agree, co-locating business in a compact town
extreme stress and thus allowing centre contributes to its vibrancy and economic
businesses to open in residential zoned well being.
areas while there are multiple sites in
Cooroy empty is reckless and
irresponsible.
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It benefits the community, fostering a A number of submitters have sited the social
closer and more vibrant neighbourhood. benefits this business has fostered for residents
in the area. However, this is also seen in coffee
shops in the town centre and does not warrant
the use operating from this site.
The proposal has minimal impact on the A number of nearby residents have advised the
area, with nature walks, large rural business is impacting their amenity and
housing lots, fire brigade facility and waste inspection of the site finds that their objections
transfer station, with the Bruce Highway are valid.
nearby.
The Busstop Espresso caters for Noted, but this business could well establish in
everyone, encourages tourists to the area the town centre of Cooroy.
and their coffee is the best in town.
The Busstop Espresso provides Noted, but these benefits could also be realised
employment and teaches hospitality skills if the business located in the town centre of
to a number of local residents. The Cooroy.
business employees up to 6 people with
local produce promoted and sold.
Having a coffee venue means it does not The planning scheme specifically encourages
require its customers to travel into the local these sort of business uses in town centres. It is
township, easing traffic in town. likely that patrons attending a food and drink
outlet within the town centre is likely to attend
multiple businesses whilst in town, contributing to
a thriving local economy within the Cooroy
centre.
The bus is an obvious tourism attraction, It is acknowledged that the development attracts
with people travelling from a far to patrons from outside of Noosa Shire, however
photograph it and enjoy the food and the Strategic Framework of Noosa Plan 2020
drinks on offer. calls for tourism in hinterland areas to
predominantly be ‘nature-based experiences to
help disperse visitors throughout the region with
a focus on 'quality' experiences that attract high-
spending interstate and international visitors to
the region’. A standalone food and drink outlet
outside of the Cooroy centre is not considered to
meet the intent of the planning scheme in relation
to tourism development.
5. CONCLUSION & REASONS FOR DECISION
It is concluded that the proposed food and drink outlet while associated with an approved roadside
stall is contrary to the Noosa Plan 2020 and is not appropriate for the site. The use has no real
relationship to the intended rural activities for the land, it is an urban use and should be located in
the town centres, with no overwhelming community or planning need for the use to continue
operating on the site. The scale of the combined activities is also adversely impacting on residents’
amenity, with a number of nearby residents submitting valid objections to the application. There is
also insufficient on-site car parking to meet the current and future parking demands of the use,
which has the potential to increase with the changes proposed by the applicant. This component
of the application is therefore recommended for refusal.
Additionally, the request to make changes to, and delete a number of the existing conditions of the
roadside stall approval is not considered appropriate, as the 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. Consequently, the changes to the
Condition 4 and deletion of Conditions 5 and 7 are also recommended for refusal, with only the
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change to the proposal plans (to reflect the as constructed roadstall on the site) being
recommended to be supported.
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Commercial Property
Strategy & Environment & Development & Regulation Infrastructure Services
Sustainable Development
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & x Local Laws Civil and Asset operations
Destination Management
Environmental Services x Environmental Health Asset Management
Innovation & Digital Hub x Building & Plumbing Building & Facilities
Property / Permits Disaster Management
Waste