2020-03-19 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                           19 MARCH 2020


GENERAL COMMITTEE MEETING RECOMMENDATIONS

16 MARCH 2020 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic, Brian
Stockwell and Cr Tony Wellington (Item 6 only).


1    MCU19/0134 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE -
     ENTERTAINMENT & DINING BUSINESS TYPE 3 BAR AT 5 TAYLOR COURT, COOROY
     Council Resolution
     Moved:          Cr Stockwell
     Seconded:       Cr Wilkie
     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.
          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) , 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.
     B.   Advise the applicant may wish to establish a tasting area that is ancillary but incidental
          and subordinate to the approved industrial use. Such an ancillary component would not
          include the sale of beverages for consumption on site.
     C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                           Carried unanimously.




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