Delegated Report - Code - Planning MCU22 0121 · MCU22/0121

Author	Manager of Planning - Kerri Coyle
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0121
Applicant	Andrew John Mahony
Proposal	Material Change of Use - Food and drink outlet
Properly Made Date	15 July 2022
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Report Completed Date	28 September 2020
Report Reviewed By	Nadine Gorton

PROPERTY DETAILS
Property Address	31 Maple St Cooroy Qld 4563
RP Description	Lot 1 RP 104720
Land Area	230m²
Existing Use of Land	Previously vacant

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	District
Precinct	Not Applicable
Local Plan Area	Cooroy Local Plan
Overlays	Character Area
Assessment Type	Code
PROPOSAL
The application seeks a retrospective approval for a food and drink outlet.  The proposal involves operating a mobile pizza business beneath an existing shade structure that is positioned adjacent to the street frontage.  The business will occupy a total area of 21.3m2 and will operate from the site 2 days per week (Friday and Sunday) between the hours of 11am to 7pm.

There is an existing train carriage also positioned onsite. The applicant advises that the carriage was recently renovated onsite and provides a focal point for visitors and patrons and contributes to the heritage character of the street. The carriage is for decorative purposes only and will not be used for business purposes associated with the use.
The locality and proposal plan are included below.

Figure 1 – Site Plan

Figure 2 – Elevation
site details
Background
The proposed use has been operating for some time with no complaints received.
Site Description
The site has a 9.27m frontage to Maple Street to the west. Formal vehicular access is not currently available to the site.
Surrounding Land Uses
The site is located within the township of Cooroy and is surrounded by a variety of commercial and community uses expected within a town centre and immediately adjoins the following uses:
to the north, is a vacant parcel of land that is leased from Council by the RSL;
to the east, is a rear yard area associated with a Telstra building;
to the south, is a Telstra building and Cooroy Post Office; and
to the west, on the opposite side of Maple Street, are a range of main street tenancies
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
District Centre Zone Code;
Cooroy Local Plan Code;
Business Activities Code;
Works Codes; (Driveways and Parking Code, Landscaping);
Heritage & Character Area Overlay Code
The subject site is located in Cooroy and is zoned District Centre. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The proposal provides an additional food and drink outlet within the town centre of Cooroy for residents and visitors to the area.  The structure is simply designed and will reasonably blend in with the existing streetscape.
The proposal requires 1 car parking space on site under the Driveways and Car parking Code.  The applicant has requested that this be waived given:
the provision of on site car parking would result in the removal of street parking to create a driveway and likely removal of a street tree.
Limited hours of operation are proposed for the use.
There is sufficient street car parking in proximity to the site.
The applicant’s submission is agreed with in the circumstances.  However, conditions should be imposed to ensure the use does not expand in the future in terms of operating times and use area.

cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU22/0121 for a Material Change of Use - Food and drink outlet situated at 31 Maple St Cooroy and described as Lot 1 RP 104720, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0121
Street address:	31 Maple St Cooroy Qld 4563
Real property description:	Lot 1 RP 104720
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for Material Change of Use - Food and drink outlet
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
0522MA	-	Site Plan for Existing Structures prepare by Accolade Building Designs	1/06/2022
The approved use must only operate on Friday and Sunday between the hours of 1am to 7pm.
No outdoor dining area is permitted on site.
The existing railway carriage must not be used in associated with the food and drink outlet, with the existing sheds to the site’s rear removed within 3 months of date of this Decision Notice.
Currency Period
This development approval lapses if the use has not happened by 29 September 2028, unless an application to extend the currency period is approved by Council.

referral agencies
Not applicable
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Building Works	All building work.
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT