2022-04-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         12 APRIL 2022




                               Figure 5 – View of Roadside Stall from Road

Rural Activities Code
Acceptable Outcomes AO25.1-25.5 and AO26 and corresponding Performance Outcomes of the
Rural Activities Code relate to the functioning of a roadside stall. The relevant Acceptable
Outcomes read as follows:
      AO25.1
      The roadside stall is ancillary to a rural use conducted on the same site.

      AO25.2
      Produce sold at the roadside stall is limited to fresh or processed produce which is grown
      or produced on the site or in the surrounding area.

      AO25.3
      For a roadside stall the use is located on a site with sufficient area to park three cars clear
      of the carriageway and within 20 metres of the roadside stall.

      AO25.4
      Buildings associated with the roadside stall have a gross floor area of not more than 40m²

      AO25.5
      Except where utilising part of an existing building, 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.
The property contains beehives and chickens and the produce collected from the animals is sold
as part of the roadside stall. This fits with the definition of a rural use and could be considered
ancillary to the rural use of the site. However, the proposal includes the sale of baked goods and
coffee, which is not ancillary to the rural use of the land as it is not associated with the rural use of
the land. As such, the proposal does not comply with Acceptable Outcome AO25.1.
The proposal does not comply with Acceptable Outcome AO25.2 which limits produce sold at a
roadside stall to fresh or processed produce only. The proposal states that the roadside stall will
sell honey and eggs produced on site, fruit and vegetables produced on site and on surrounding
properties, as well as coffee and baked goods produced by local businesses. Coffee and baked
goods do not constitute produce with produce defined as being agricultural and other natural

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