2022-04-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        12 APRIL 2022


EXECUTIVE SUMMARY
The applicant seeks retrospective approval to operate a roadside stall on the subject site. The
roadside stall consists of a bus, covered tables to display produce for sale and seating for patrons
to utilise.
The proposal is not for a roadside stall as defined by the Noosa Plan as the use includes on site
seating for patrons to consume goods, is not a rural activity and is more appropriately defined as
a food and drink outlet. A food and drink outlet is an inconsistent use within the Rural Zone and is
required to follow an impact assessable application process. The proposed use should be publicly
notified for comment from the community.
The proposal is also not ancillary to the rural use of the land as the use is primarily a coffee shop.
The application is therefore recommended for refusal.

RECOMMENDATION
That Council note the report by the Graduate Development Planner to the Planning & Environment
Committee Meeting dated 12 April 2022 regarding Application No. MCU21/0194 for a Development
Permit for Material Change of Use - Roadside stall, situated at 201 Mary River Rd Cooroy and:
A.    Refuse the application for the following reasons:
      1.    The proposal is not for a Roadside stall as defined under Schedule 1.1 of the Noosa
            Plan 2020 because:
            a.    The proposal includes on site seating for patrons to consume goods purchased
                  on site; and
            b.    The proposal is not a rural activity.
      2.    The proposal is for a food and drink outlet which under Part 5, Table 5.5.1 of the Noosa
            Plan 2020 is an inconsistent use requiring impact assessment.
      3.    The proposal is contrary to the Purpose, Overall Outcome 2(d) of the Rural Activities
            Code as the proposal is not a rural activity.
      4.    The proposal does not comply with Acceptable Outcomes AO25.1 & AO25.2, and
            Performance Outcome PO25 of the Rural Activities Code in the Noosa Plan 2020 as
            the proposal:
            a.    the sale of baked goods and coffee is not associated with the rural use of the
                  land.
            b.    Includes the sale of baked goods and coffee, which does not fit the definition of
                  fresh or processed produce.
            c.    Is not appropriate for a rural setting as the proposal is a food and drink outlet,
                  which is an inconsistent use in the rural zone.
      5.    The proposal does not comply with Acceptable Outcome AO26 and Performance
            Outcome PO26 of the Rural Activities Code in the Noosa Plan 2020 as the proposal:
            a.    Seeks to operate from 5:30am on weekdays and 7:00am on weekends in lieu of
                  the operating hours set out in Acceptable Outcome AO26 of 9:00am to 5:00pm.
            b.    The proposal is not ancillary to the keeping of beehives and chickens as the
                  proposal is primarily a coffee shop which is unrelated to the animal husbandry
                  use.
      6.    The proposal is contrary to the Purpose and Overall Outcomes of the Rural Zone Code
            as the proposed use is not a rural activity and is not consistent with the role and function
            of the rural zone and there is no overriding need for the use to be located in the area.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



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