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 · Report

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  SEQRP Designation                 Regional Landscape and Rural Production Area

  Zone                              Rural

  Precinct                          Not applicable

  Local Plan Area                   Not applicable

  Overlays                          Agricultural Land Overlay
                                    Biodiversity, Waterways and Wetlands Overlay
                                        •   Area Subject to Biodiversity Overlay
                                    Bushfire Hazard Overlay
                                        •   Medium Potential Bushfire Intensity
                                        •   Potential Impact Buffer
                                    Flood Hazard Overlay
                                    Landslide Hazard Overlay
                                        •   Moderate Hazard Area

  Assessment Type                   Other Change to Approval – Impact Assessable

EXECUTIVE SUMMARY
This application seeks retrospective approval to operate a food and drink outlet in association with
a roadside stall approved at 201 Mary River Road, Cooroy. The applicant also seeks to expand the
approved range of goods sold on site, expand the roadside stall building, provide seating for up to
12 people, with onsite car parking to be increased to 4 spaces.

The site has an area of 2.67ha, is zoned Rural under the Noosa Plan 2020 and is located
approximately 2.1km from the Cooroy town centre. The roadside stall, bus and seating area are
located to the front of the site, in amongst the existing vegetation.

While the proposal will not compromise biodiversity values or rural productivity capacity, the
proposed food and drink outlet does not meet many of the Noosa Plan 2020 requirements. The
proposed food and drink outlet is not a rural activity or rural enterprise, rather, it is an urban activity
and such uses are intended to be located in business centres to contribute to their vibrancy. The
food and drink outlet also does not value add to the goods produced on site and is operating as the
primary use of the site, with the roadside stall a very minor component. The proposed food and drink
outlet also has only a limited tourism focus, largely catering to locals living in the area. As such there
is no overwhelming need for the use to locate on the site or particular circumstances relevant that
warrant the proposal.

The coffee shop is also adversely impacting on residents’ amenity who bought into the area for a
quiet, rural lifestyle, with a number of nearby residents submitting valid objections to the
application. There is also insufficient on-site car parking to meet the current parking demands of the
use, which has the potential to increase with the changes proposed by the applicant.

The request to include a food and drink outlet is therefore recommended for refusal, and the applicant
advised the food and drink outlet must cease operating from the site or relocate to a more suitably
zoned site should they wish to continue operating.

Additionally, the request also includes changes to and deletion of a number of the existing conditions

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of approval. These changes predominantly relate to the provision of food and drink and onsite dining,
and as such, are commensurate with the requested food and drink outlet use, not the approved
roadside stall use. The changes to the conditions are also recommended for refusal, with only the
change to the proposal plans to reflect the as constructed development on the site is recommended
to be supported.
RECOMMENDATION
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:
         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.

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      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.