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

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