A brewery has taken its battle over trading hours to the Planning and Environment Court, arguing that council-imposed restrictions are “an unreasonable imposition”.
Coolum Brewing Co Pty Ltd, which operates from an industrial unit at 2 Junction Drive, Coolum Beach, lodged an appeal on May 16 challenging a condition imposed by Sunshine Coast Council limiting the hours of its food and drink outlet.
The brewery initially made a development application in November 2023 in a bid to formalise its food service, which is already in operation. According to the Coolum Beer Company website, its kitchen currently opens from 11.30am to 7pm Wednesday to Sunday.
The application was subject to impact assessment, and public notification was undertaken from March 15 to April 10, 2024, with two properly made submissions received.
The council approved the application last August with a condition restricting the hours for the food and drink outlet to 4-9pm Monday to Thursday, 4-11pm Friday, 10am-11pm Saturday and 10am-9pm Sunday or public holidays.
The brewery opposed the changes through further representations made in February and March, with the council ultimately refusing to amend the condition in April.
The appeal states the brewery wants the condition set aside so the food and drink outlet can open from midday Monday to Friday – once the brewery has ceased most operations – with the weekend and public holidays hours as approved.
The appeal hinges on whether the proposed hours will negatively affect traffic or parking.
“It is proposed the medium-impact industry brewery use mostly cease on any given day before the food and drink outlet use commences and therefore there is no change in the requirement for car parking spaces if the uses mostly operate sequentially rather than concurrently,” the appeal states.
The brewery is in Unit 1 of the complex at 2 Junction Drive, which totals 2650sqm. The brewery occupies 555sqm, with the food and drink outlet using 164sqm of that space. The complex also has another cafe.
The complex has approval from 2007 for general industry and includes 40 car spaces, which are unallocated.
“The appellant argues the existing 40 unallocated parking bays meet demand, and the outlet use mostly begins after brewing finishes, avoiding concurrent peak use,” the appeal states.
“The utilisation of the existing car park comprises rational development that is consistent with the transport and parking code.
“The restriction on the hours of operation in the disputed condition is not justified in the circumstances of the development, which is to take place within an existing tenancy on the premises and utilise its parking allocation.
“The changes brought about by the development subject to the proposed condition will not give rise to any adverse planning impacts, including adverse impacts on the level of car parking available for the site.”
A Planning and Environment Court judge on July 4 ordered traffic experts for both parties to prepare a joint report as part of the dispute, which is due by August 4.
The matter will return to court on August 8 for review.
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