2020-03-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     10 MARCH 2020


RECOMMENDATION
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 a) 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 applicant has not satisfactorily addressed 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.
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.

REPORT
1.   PROPOSAL
The application seeks a Development Permit for a Material Change of Use - Entertainment &
Dining Business - Type 3 Bar to operate in association with a Distillery industrial business.
The applicant describes the proposal as follows:
     The applicant intends to occupy approved tenancies 1 and 11. These tenancies will be
     used by 20 20 Distillery for a distillery and an associated tasting area. The proposed tasting
     area will occupy part of tenancy 1. The tasting area will equate to an area of 39m2 and will
     include a tasting bar and seating area. The balance of tenancy 1 and all of tenancy 11 will
     be used as a distillery. The distillery will primarily brew vodka, whiskey and gin. It is
     envisaged that the tasting area will only operate on Fridays and weekends.
     The distillery is consistent with the definition of Industrial Business – Type 2 production,
     alteration, repackaging and repairing. This land use is already approved for the site via
     Council reference MCU18/0120. Council has confirmed that the tasting area constitutes its
     own land use and is defined as Entertainment and Dining Business - Type 3 Bar. It is this
     land use which is the subject of this application.
     A total of 2 staff will be employed in the 2020 distillery business (industrial and tasting bar).
     The tasting bar will operate:
     -     3pm to midnight on Fridays;
     -     12pm to midnight on Saturdays and Sundays.

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