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

      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