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

             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.