2020-06-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       9 JUNE 2020


approved to operate from the site under another development approval granted for 39 industrial
tenancies in November 2018.
The proposed bar is separately defined by the planning scheme and while may be
complementary to the proposed distillery, requires a separate approval from Council and is
contrary to the provisions of The Noosa Plan.
The proposed bar is identified as an inconsistent use for the site, is not well located being
isolated from the township and urban areas of Cooroy with no footpath and public transport
opportunities for patrons. The proposed bar also has the potential to conflict with the approved
industrial uses on the site, impact on their ability to operate the industrial uses approved for the
site and erode one of the remaining key industrial estates in Noosa Shire.
The proposed bar is more appropriately located within a tenancy readily found in Cooroy’s
Business Centre Zone or within the new Venture Drive Enterprise and Gateway West Makers
precincts proposed by draft planning scheme.
Alternatively to support the distillery operations the applicant has the option to establish a small
ancillary tasting area within the distillery. This would permit the applicant to offer tastings to
customers and for the distillery to be frequented by distillery tour patrons. Customers after
sampling would also be able to purchase bottled liquor to takeaway. It would though not permit
the sale of beverages or food for consumption on site.
Refer to Council’s Planning & Environment Committee Agenda, 10 March 2020, Item 1, page 3
for a full copy of the assessment report (https://www.noosa.qld.gov.au/downloads/file/2103/2020-
03-10-planning-environment-committee-agenda)
As a result of Council’s decision to refuse the proposed development, the applicant has lodged
an appeal to the Planning & Environment Court. The applicant seeks that the development
should be approved with reasonable and relevant conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 19 March 2020, Item 1, Page 8
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 March 2020 regarding Application No. MCU19/0134 for a
Development Permit for Material Change of Use - Entertainment & Dining Business - Type 3 Bar,
situated at 5 Taylor Ct Cooroy and:
A.    Refuse the application 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.
     1.    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.
     2.    The proposal is contrary to Overall Outcomes 6.7.2 a) , iii and pp) i of the Cooroy &
           Lake Macdonald Locality as the proposed bar:
           2.1. will potentially undermine the intended use of the land in Taylor Court for
                industrial uses to the exclusion of inconsistent uses; and
           2.2. conflicts with the approved industrial uses on the site and hinder industrial uses
                operations.
     3.    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.

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