Further Report - MCU21 0194 Mary River Road - General Committee 19 April 202215[9]

MCU21/0194 FURTHER REPORT FOR MATERIAL CHANGE OF USE APPLICATION FOR A ROADSIDE STALL AT 201 MARY RIVER ROAD, COOROY
Author	Graduate Development Planner, Jada Lyons
Environment & Sustainable Development Department

Index		ECM/ Application/ MCU21/0194

Attachments	Nil

EXECUTIVE SUMMARY
The applicant seeks retrospective approval to operate a roadside stall at 201 Mary River Road, Cooroy. The roadside stall consists of a bus, covered tables to display produce for sale and seating for patrons to utilise. It is considered that the proposed use does not fit the definition of a roadside stall under the Noosa Plan 2020 and constitutes a food and drink outlet use.
The application was presented to the Planning and Committee Meeting on 12 April 2022, and it was resolved that the matter be referred to the General Committee Meeting on 19 April 2022, with an alternative motion for councillors to support the operation of a use that can lawfully be conducted as a roadside stall.
The application is recommended for refusal as the proposed use is not a roadside stall and the applicant seeks to maintain the coffee shop component.
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 April 2022 and the further report to the General Meeting dated 19 April 2022 regarding Application No. MCU21/0194 for a Material Change of Use for a Roadside Stall situated at 201 Mary River Road, Cooroy and
A.	Refuse the application for the following reasons:
The proposal is not for a Roadside stall as defined under Schedule 1.1 of the Noosa Plan 2020 because:
The proposal includes on site seating for patrons to consume goods purchased on site; and
The proposal is not a rural activity.
The proposal is for a food and drink outlet which under Part 5, Table 5.5.1 of the Noosa Plan 2020 is an inconsistent use requiring impact assessment.
The proposal is contrary to the Purpose, Overall Outcome 2(d) of the Rural Activities Code as the proposal is not a rural activity.
The proposal does not comply with Acceptable Outcomes AO25.1 & AO25.2, and Performance Outcome PO25 of the Rural Activities Code in the Noosa Plan 2020 as the proposal:
the sale of baked goods and coffee is not associated with the rural use of the land.
Includes the sale of baked goods and coffee, which does not fit the definition of fresh or processed produce.
Is not appropriate for a rural setting as the proposal is a food and drink outlet, which is an inconsistent use in the rural zone.
The proposal does not comply with Acceptable Outcome AO26 and Performance Outcome PO26 of the Rural Activities Code in the Noosa Plan 2020 as the proposal:
Seeks to operate from 5:30am on weekdays and 7:00am on weekends in lieu of the operating hours set out in Acceptable Outcome AO26 of 9:00am to 5:00pm.
The proposal is not ancillary to the keeping of beehives and chickens as the proposal is primarily a coffee shop which is unrelated to the animal husbandry use.
The proposal is contrary to the Purpose and Overall Outcomes of the Rural Zone Code as the proposed use is not a rural activity and is not consistent with the role and function of the rural zone and there is no overriding need for the use to be located in the area.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
A report on this application was considered by the Planning and Environment Committee Meeting on 12 April 2022 and was subsequently referred to the General Committee Meeting on 19 April 2022. During the course of discussions at the Planning and Environment Committee Meeting, Councillors considered that the proposal may be able to be conditioned to ensure the use lawfully operates as a road stall. Councillors in discussion indicated that the roadside stall would benefit the local community and tourism sector.
In the circumstances, the Planning and Environment Committee resolved the following:
That Planning & Environment Committee Agenda Item 1 be referred to the General Committee for a further report which includes:
A set of conditions that would allow Council to approve those uses that can be lawfully conducted as a Roadside Stall on the grounds that:
It meets the Strategic Intent of the Planning scheme which supports rural tourism and further acknowledging those aspects of the use are consistent with the aim to facilitate: “The evolution of traditional agriculture and the emergence of new sectors are supported by encouraging opportunities for value adding to occur before agricultural produce leaves the farm gate or leaves the region” and staff be requested to liaise with the applicant to ascertain their position.
The use contributes to the overall outcome 2 (h) of the Rural Zone that envisages that “The establishment of outdoor recreation and small-scale tourism facilities in suitable locations is facilitated in a manner that does not significantly compromise the rural productivity or ecological values of the land.”
Wording to append to the conditions of approval an advisory note that would indicate to the applicants that Council would be amenable to considering an application for a Low Use Commercial activity on the road reserve immediately in front of the premises for the running of mobile coffee bus on the grounds that such a use is consistent with the Commercial Use of Community Land Policy that requires the commercial use activity to enhance the visitor and local experience of Noosa Shire.
The applicant’s consultant was advised of the Committee resolution and recommended conditions for approval. The applicant’s consultant maintains that the proposed use which includes the sale of coffee and baked goods meets the definition of a Roadside Stall under the Noosa Plan 2020.  The applicant seeks to maintain the proposed use as detailed in their application, but would accept a condition for no tables, chairs or dining opportunities for patrons.
Council’s property branch have advised that officers would not recommend the submission of a Commercial Low Use application for this type of use within the road reserve.  An application would be unlikely to be supportable, given the nature, intensity and frequency of the use.
Staff have considered the issues raised by Councillors but confirm the previous recommendation. Should Council wish to approve the application, the requested motion has been drafted for that purpose.
REQUESTED MOTION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 12 April 2022 and the further report to the General Meeting dated 19 April 2022 regarding Application No. MCU21/0194 for a Material Change of Use for a Roadside Stall situated at 201 Mary River Road, Cooroy and
A.	Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
22-02/01	B	Roadside Stall Visualisation and Site, prepared by Beverley Jorgensen Building Designer	28/02/2022
22-02/02	B	Site – Callout 1, prepared by Beverley Jorgensen Building Designer	28/02/2022
Currency Period
This development approval lapses if the use has not happened by 21 April 2028, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approved use must only involve the sale of fresh or processed produce produced on the site and surrounding properties, including:
Honey that is produced on site from beehives
Eggs that are produced onsite
Fruit, vegetables and herbs that are grown on site and on nearby properties in the Cooroy Hinterland
Bottled juices from the fruit and vegetables available for sale.
Food and drink must not be prepared and sold for consumption on the premises.  No on-site dining is permitted.
The approved use must be operated by a permanent resident or residents of the detached house on the site. A maximum of two (2) employees are permitted.
The approved use must not exceed 40m2.
The approved use must not operate outside the hours of 5:30am to 1:00pm Monday to Friday, and 7:30am to 4:00pm on Saturday and Sunday.
Car Parking
8.	 A minimum of three (3) car parking spaces must be provided and marked on site and made available and accessible at all times while the use is open for business.
All car parking areas and access driveways must be constructed with a suitable formation and maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Advise the applicant that they may wish to make an application for a Low Use Commercial Activity to permit the operation of a mobile coffee bus on the road reserve immediately adjacent the roadside stall.
Find the following matters relevant to the assessment and sufficient treason to approve the application:
The proposal meets the Strategic Intent of the Planning scheme which supports rural tourism and further acknowledging those aspects of the use are consistent with the aim to facilitate: “The evolution of traditional agriculture and the emergence of new sectors are supported by encouraging opportunities for value adding to occur before agricultural produce leaves the farm gate or leaves the region”
The use contributes to the overall outcome 2 (h) of the Rural Zone that envisages that “The establishment of outdoor recreation and small-scale tourism facilities in suitable locations is facilitated in a manner that does not significantly compromise the rural productivity or ecological values of the land.”

Consultation
External Consultation
Not applicable
Internal Consultation
Not applicable

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Director		Director
	Executive Support		Community Development		Financial Services
			Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Director		Director		Director
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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GENERAL COMMITTEE MEETING REPORT	19 APRIL 2022