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

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