Meeting minutes

ORDINARY MEETING MINUTES                                                   16 NOVEMBER 2023


             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.
             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