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

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