The future of a former fish and chip shop site remains up in the air after councillors decided against allowing the space to become a bakery.
Operating since the early 1980s as a takeaway seafood kiosk – most recently as Seafood Conxion – the site has remained unused prior to the previous owners selling in September 2022.
Located at 185 Weyba Road, Noosaville, the property is zoned medium density residential and situated between residential properties.
It was originally a house before an extension to the existing dwelling for the purpose of a fresh seafood kiosk was approved in November 1981 with a condition prohibiting the consumption of food or drinks on the premises.
In January 1985 council approved the installation of cooking equipment so the kiosk could sell cooked seafood, however the same condition prohibiting the consumption of food on the premises remained.
In June 2023 a minor change application was lodged to Noosa Council to establish a bakery onsite.
The applicant sought to change two existing development approvals, including some alterations to the building’s internal layout as well as providing a 48sqm outdoor dining area for up to 10 people.
It was proposed the bakery would operate from 6am to 5pm from Wednesday to Sunday, with bakers onsite from 4.30am, and that the bakers would live at the onsite dwelling.
At a Planning and Environment Committee meeting last Tuesday, council staff recommended the application be refused as the proposed changes did not constitute a minor change.
The recommendation also outlined the proposed bakery was not consistent with the medium density residential zone under the Noosa Plan 2020 and would be more appropriately located in a centre zone.
A senior development planner noted that the original approval was for a kiosk, which was a “differently defined use” to a bakery with onsite dining.
“Essentially (the applicant is) introducing a new use to the approval and they are also increasing the impacts of the use by changing the operating hours,” the development planner said at the meeting.
They said a new use would be considered an “other change” and would require a public notification period.
During the meeting council’s development director said the idea it would be just going from a seafood kiosk to a bakery was “oversimplifying the impacts”.
“It comes down to a technical assessment under the scheme,” the director said.
“When the application was originally approved, the kiosk is a subset of a refreshment service. The preparation of the baked good falls under a service shop definition.
“One of the elements we have to look at with the minor change is, is it a substantially different development (and) does it involve a new use?”
Referring to the application, the director said a bakery was a substantially different development.
Mayor Frank Wilkie said the application was not as simple as “exchanging like for like”.
He believed it would be unfair to neighbouring residents for the application not to go through a public notification process.
“It is going from a seafood takeaway to a patisserie, which a layperson would see as another food and drink outlet,” he said.
“But the change in hours … is likely to have an impact on the residential amenity.
“Therefore, it ought to be an other change, which would involve public notification to signal to that neighbourhood that this change is proposed and they have a say on the change.”
The matter was then referred to the General Committee meeting on Monday, where council staff maintained the recommendation to refuse the application.
Cr Wilkie acknowledged that, if approved, the bakery would likely be a popular venue and reiterated the importance of it being opened up for public notification by going through the correct application process.
“Personally, I have no objection to this site being operated as a patisserie, but if its objection is to start operating at 6am in the morning and have onsite dining … the neighbourhood at least deserves the right to have a say.
“This is the incorrect process.”
Cr Wilkie moved a motion to support the staff recommendation.
The motion was seconded by Cr Brian Stockwell and carried, with councillors Wilkie, Stockwell, Nicola Wilson and Karen Finzel for and councillors Amelia Lorentson and Jessica Phillips against.
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