2020-11-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  10 NOVEMBER 2020


REPORT
On 19 March 2020, Council, at its Ordinary meeting resolved to refuse an application for a bar to
operate in association with an approved distillery industrial business at 5 Taylor Court 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)i , 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.
The proposed bar had an area of 55m2 and was proposed to operate 3pm to midnight on Fridays
and 12pm to midnight on Saturday and Sundays. The proposed distillery (177m2) was previously
approved to operate from the site under another development approval granted for 39 industrial
tenancies in November 2018.
As a result of Council’s decision to refuse the proposed bar, the applicant lodged an appeal to the
Planning & Environment Court. The applicant seeks that the development should be approved with
reasonable and relevant conditions.
During the course of the appeal, mediation was attended with the Court registrar wherein Council’s
reasons for refusal were discussed with the applicant, which primarily related to the proposed bar’s
inconsistency with the Noosa Plan, isolation from the Cooroy township and potential to conflict with
approved industrial uses on the site and erosion of the industrial estate.
In response to the issues raised the applicant advised the business plan is for a wholesale
business, but in the first 3 years the tasting bar is an integral ancillary part of the business model
to provide cash flow to support wholesale development. The bar will allow products to be
showcased to drive retails sales that in turn is expected to increase wholesale production.
The proposed bar would also not operate as a full scale bar. The proposed bar is far smaller, will
have restricted hours, and will not operate as a typical bar, with the sale and/or consumption of
alcoholic products limited to those alcoholic products produced by the associated distillery only.
The applicant further advised that they will operate a free on call courtesy bus service and will
genuinely operate as an ancillary and complementary use to the distillery, with the primary use of
the 2 tenancies to remain as industrial.



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