Meeting minutes

ORDINARY MEETING MINUTES                                                  16 NOVEMBER 2023


            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 24 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 24 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.
            I. Authorise the CEO to work with the applicant to find an appropriate location
            for the food and drink outlet/bus.
            For:       Cr Wegener
            Against: Crs Wilkie, Lorentson, Jurisevic, Stockwell, Stewart and Finzel
            Lost.

             Motion
             Moved:       Cr Amelia Lorentson
             Seconded: Cr Clare Stewart
             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.