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 (Referred from Planning & Environment Committee dated 7 November 2023 - Item 5.2)
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The minuted decision sequence
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1Committee RecommendationCarried
Moved: Frank Wilkie · Seconded: 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. 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.
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.
I. Authorise the CEO to work with the applicant to find an appropriate location for the food and drink outlet/bus.
Carried.
For 5 named
Brian StockwellJoe JurisevicClare Stewart
Amelia Lorentson
Frank WilkieAgainst 1 named
Tom WegenerOfficial minutes · section 1
Read complete item-specific minutes
| Committee Recommendation |
| Moved: | Cr Frank Wilkie |
| 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. 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. 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. I. Authorise the CEO to work with the applicant to find an appropriate location for the food and drink outlet/bus. |
| For: | Crs Jurisevic, Lorentson, Stockwell, Wilkie and Stewart |
| Against: | Cr Wegener |
Carried. |
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What was said?
Named discussion on NoosaWatch TV
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I'll speak to it. I'm happy to support the amendment. I think having the challenges that some of these constraints bring, the option is to ensure that the they are an accurate reflection of the parts of the land are worth reviewing and ensuring that they are an accurate reflection of the land status as they are at this point in time. Council moves to close. Unanimously carried. Oh, Councillor Wilkie got online, sorry, I forgot he's not there. Okay, the amendment is added to the motion. Myself and Councillor Stockwell have spoken to the motion so far. Does any of the Councillors wish to speak? Wait. Really very good. I think I'll close in that case. I think elements illness have been brought before us and I think the points raised by Councillor Stockwell are relevant and I don't think anything be further legislated. Said on the motion, so I'll put the motion to a vote. All those in favour? Carried unanimously. We'll move on to the next item before we do that. We'll have to let Councillor Wilkie know that we've dealt with the first item and we really want to see item two and get him back into the. Councillor Wilkie, you have any questions? Yes, Mr Chair. Thank you. Moving on to the next item, which is 5.2, approval for MCU21/0194.01, application for another change to a development approval for a roadside store including a food and drink outlet at 201 Mary River Rd, Cooroy. This planning personal. This is a report from environment committee. Also.
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