2020-06-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                            9 JUNE 2020


5                        MCU19/0134 - PLANNING & ENVIRONMENT COURT APPEAL NO D67 OF 2020 -
                         REFUSAL OF AN APPLICATION FOR A BAR AT 5 TAYLOR COURT, COOROY
DOCUMENT INFORM AT ION




Author                               Manager Development Assessment, Kerri Coyle
                                     Environment & Sustainable Development

Index                                ECM/ Application/ MCU19/0134/ Case/ BNB Super Pty Ltd

Attachments                          Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 June 2020 regarding Planning & Environment Court
Appeal No. D67 of 2020 and agree to defend the appeal.

REPORT
On 19 March 2020, Council, at its Ordinary meeting resolved to refuse an application for a bar to
operate in association with an approved distillery industrial business at 5 Taylor Court for the
following reasons:
1.                       The proposed Entertainment & Dining Business – Type 3 Bar use is identified as an
                         inconsistent use in the Industry Zone of the Cooroy & Lake Macdonald Locality.
2.                       The proposed site is not suitable for the commercial use being located outside of the
                         Cooroy business centre, in an isolated location, with no pedestrian connectivity or
                         accessibility to public transport for patrons to the bar contrary to Specific Outcomes O30
                         and O31 and Overall Outcomes d) and f) of the Business Uses Code.
3.                       The proposal is contrary to Overall Outcomes 6.7.2 a)i , iii and pp) i of the Cooroy & Lake
                         Macdonald Locality as the proposed bar:
                         3.1. will potentially undermine the intended use of the land in Taylor Court for industrial
                              uses to the exclusion of inconsistent uses; and
                         3.2. conflicts with the approved industrial uses on the site and hinder industrial uses
                              operations.
4.                       The proposal is contrary to Overall Outcomes 14.110.2 c) and d) and Specific Outcome O7
                         of the Driveways and Parking Code as the applicant has not satisfactorily demonstrated
                         that there is sufficient car parking on site for the proposed use, with limited opportunities for
                         street car parking.
5.                       The proposed use is specifically identified as an inconsistent use on the site under the draft
                         planning scheme as industrial land in Taylor Court is intended to be used for industrial
                         functions only to the exclusion of retail and commercial uses.
6.                       There are no discretionary matters which would warrant approval of the development
                         proposal.
7.                       For the aforesaid reasons, approval of the development proposal would not advance the
                         purpose of the Planning Act 2016.
The proposed bar has an area of 55m2 and is proposed to operate 3pm to midnight on Fridays
and 12pm to midnight on Saturday and Sundays. The proposed distillery (177m2) was previously

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