GENERAL COMMITTEE REPORT - 13 NOVEMBER 2023 · Committee to Council report

ORDINARY MEETING                                                               16 NOVEMBER 2023


4.2. the designation of land as being within the Urban Footprint does not imply that all that land
with that designation can be developed for urban purposes; and
4.3. when assessed against Noosa Plan 2020, the proposed development is not suitable for urban
development.
5.   The following relevant matters support refusal:
5.1. The proposed development will involve an unacceptable loss of vegetation in a locality which
is an ecologically important and environmentally sensitive and serves as an important ecological
linkage,
5.2. There is no planning, economic or community need for the proposed development on the
subject land.
5.3. Approval of the proposed development would not be in the public interest as reflected in the
provisions of Noosa Plan 2020 referred to in these reasons for refusal.
B. That the CEO be requested to review the zone and urban boundaries as part of a future review
of the Planning Scheme; and
C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




5.2. MCU21/0194.01 – APPLICATION FOR AN OTHER CHANGE TO A DEVELOPMENT
APPROVAL FOR A ROADSIDE STALL TO INCLUDE A FOOD AND DRINK OUTLET AT 201
MARY RIVER RD, COOROY (Referred from Planning & Environment Committee dated 7
November 2023 - Item 5.2)
That Council note the report by the Senior Development Planner to the Planning & Environment
Committee Meeting dated 7 November 2023 regarding Application No. MCU21/0194.01 for an other
change to a Development Permit for Material Change of Use (Roadside Stall) to include a Food and
Drink Outlet, situated at 201 Mary River Rd, Cooroy and:
A.   Approve, in part, only (with amended Condition 2) and part refusal.
B.   Approve the change to Condition 2 as outlined in Attachment 1.
C.   Refuse the Food and Drink Outlet component of the application for the following reasons:
1. This element of the proposal does not advance the elements and strategies of the South East
Queensland Regional Plan as it does not value add to the site’s on-farm agricultural activities.
2. This element of the proposal is contrary to the Intent and Outcomes of the Strategic Framework,
Section 3.3.1 (e) and Section 3.3.5 (h), (v) and (w) as:
a) The proposal is not a rural activity or a rural enterprise and such uses are intended to be located
in business centres to contribute to their vibrancy.
b) The proposal does not value add to the site’s rural activities, would be the primary use on the
site and is in no way ancillary to the approved roadside stall.
c) The proposal predominantly caters to passing trade, largely locals in the area, and has only a
limited tourism focus.
3. This element of the proposal is not consistent with overall outcomes (b), (i) and performance
outcomes PO1, PO4 and PO8 of the Local Plan Code for Cooroy as:
a)   The proposed use is located outside the urban boundary and the Cooroy town centre.
b) The proposed use will adversely interrupt the landscape character and visual amenity of Mary
River Road, being very different to uses envisaged in rural areas of the Shire.
4. This element of the proposal is contrary to overall outcomes (a) & (l) and performance outcomes
PO1, PO5 & PO13 of the Rural Zone Code as: