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

ORDINARY MEETING                                                                 16 NOVEMBER 2023


a) The proposal is not a rural activity, it is an urban activity, and will not value add to goods
produced on site.
b) The proposal does not have an indelible connection to the rural or ecological values of the site
and is more appropriately located in an urban area.
c) There is no overriding community benefit for the food and drink outlet to be located on the site,
with no particular circumstances relevant that warrant the proposal.
d) The proposal will detract from the scenic amenity of Mary River Road being part of the major
road network for the Shire.
5. This element of the proposal is contrary to performance outcomes PO1, PO2, PO3, PO11,
PO12, PO13 of the Business Activities Code as:
a) The proposal is a type of business activity that is at odds and is not compatible with the purpose
of the site’s rural zoning.
b) The proposal seeks to locate a business activity outside the business centres shown in the
Noosa Shire Centres Hierarchy.
c) The proposed food and drink outlet is a use that is not typically expected to be found in the rural
areas of the Shire.
d) The proposal is adversely impacting the amenity of nearby residents, with its early and week-
end operating hours, uncoordinated and uncontrolled carparking on the road reserve and coffee
shop customers coming and going from the site.
6. This element of the proposal is contrary to overall outcome (b) and performance outcome PO6
of the Driveways and Parking Code and overall outcome (e) and performance outcome PO16 of the
Business Activities Code as the proposed on-site car parking is insufficient to accommodate the
number of vehicles generated by the development.
D.   Refuse to amend Condition 4 of the development approval for the following reason:
7. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code
as the requested change includes the sale of food and beverages that are not ancillary to a bona
fide cropping or animal husbandry use on site.
E.   Refuse to delete Conditions 5 and 7 of the development approval for the following reasons:
8. The proposal is contrary to performance outcomes PO25 and PO26 of the Rural Activities Code
as the request to delete these conditions relates to the proposal for a food and drink outlet to operate
from the site which is not supported. Any provision for the tasting of foods and beverages proposed
to be produced on site would not be ancillary to a bona fide cropping or animal husbandry use on
site.
F. Advise the applicant that the food and drink outlet must cease operating from the site within 3
months of the date of Council’s decision, with any unapproved structures removed.
G. Advise the applicant that the roasting of coffee beans on site must cease within 3 months of the
date of Council’s decision, and to lodge a subsequent code assessable development application for
a Material Change of Use – Home-based Business (coffee roasting).
H.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
I.   Authorise the CEO to work with the applicant to find an appropriate location for the food and
drink outlet/bus.