2022-04-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         12 APRIL 2022


Area that will help to improve agribusiness, tourism, recreation and creative industries; the proposal
is not considered to improve these areas and is not consistent with the Regional Landscape and
Rural Production Area.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply 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 application must be assessed against each of the following codes to the extent they are
relevant to the development:
•      Rural Zone Code;
•      Rural Activities Code; and
•      Works Codes.
Locality Provisions
The subject site is located in the Cooroy Locality and is zoned Rural. A roadside stall is identified
as a consistent use with the zone and is required to follow a code assessable application process.
The pertinent issues arising out of the assessment are discussed below:
Land Use
It is noted that the proposal does not fit the intended use of the roadside stall definition in the Noosa
Plan 2020. Roadside stalls are intended to be low-scale structures located on the side of the road
that generally sell small amounts of produce grown and produced on site. Roadside stalls may see
one or two cars pull up at a time and only spend a short amount of time there while purchasing the
produce.
Roadside stall means the use of premises for the roadside display and sale of goods in a rural
area.
This proposal includes seating for patrons to utilise while consuming their coffee and baked goods,
with at least 10 cars observed parked in proximity, with patrons spending time on site a lot longer
than would typically be anticipated for a roadside stall. While there is a range of goods sold from
the store, the sale of coffee appears to be the primary and predominant offering.
The definition of a roadside stall does not include or anticipate any consumption on site. Such a
use is defined as a food and drink outlet under the Noosa Plan 2020.
Food and drink outlet means the use of premises for—
1.    preparing and selling food and drink for consumption on or off the premises; or
2.    providing liquor for consumption on the premises, if the use is ancillary to the use in paragraph
      (a).
A food and drink outlet is not consistent with the intent of the rural zone and would require an
impact assessable application to be lodged with Council. This is of concern as applications required
to follow an impact assessable application process must be publicly notified for comment from the
community whereas a code assessable application is not required to be publicly notified.
Figure 5 below shows the scale of the use of the proposal, which is of a scale and type than what
would be expected of a roadside stall.




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