Meeting minutes

ORDINARY MEETING MINUTES                                                     16 NOVEMBER 2023


             Motion
             Moved:         Cr Tom Wegener
             Seconded: Cr Brian Stockwell
             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. App
             rove, 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.
             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.