2016-08-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     9 AUGUST 2016


The applicant requests that Condition 3 be amended as follows:-
      The approved use must not operate outside the hours of 5am to 12pm.


Alternatively that Condition 3 be amended as follows:-
      The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
      dining area permitted after 10pm only on Friday to Monday nights of Tuesday to Thursday
      nights when a public holiday, school holiday (i.e. State school holiday for South-East
      Queensland) or show holiday (i.e. Noosa Council area).
Assessment
The issue of operating hours and, in particular, patron noise from late night use of the outdoor area
has been the subject of lengthy assessment in the previous two reports to Council. The reports
and subsequent deliberations by Councillors acknowledged the valued role the Village Bicycle
plays in Noosa Junction’s revitalisation. The condition as applied sought to strike a balance
between the business needs and the amenity of nearby residents and allowed outdoor operation
to midnight on Sundays and Mondays in addition to the staff recommendation for only Fridays and
Saturdays. Notably the previous assessment of the applicant’s noise reports did not “concede that
the proposed use can comply with noise level limitations” but sought to achieve an acceptable
balance, where noise risk remained.
No further assessment can be undertaken in regard to the performance of the new acoustic or
management measures (such as the acoustic fence) required by the suite of conditions because
they are yet to be fully implemented. In particular, the acoustic fence has not been erected.
The applicant’s request to amend the condition is not supported and it is recommended the
condition remain unchanged.


Condition 4 – Patrons in Outdoor Area
4.    Patrons in the outdoor dining area must be seated and limited to 50.
Applicant’s Request
The original application identified areas within which outdoor dining was proposed to occur
because, among other things, of the need to balance that area within the existing premises that
will not be used for seating and the like as a result of this development proposal. Our subsequent
submission to Council dated 5th May, 2016 quoted that the applicant can provide up to 70 seats
within that outdoor dining area as identified in the original development application.
This submission also identified concern to Council’s requirement for all patrons to be seated and
suggested that following condition – ‘Patrons in the outdoor dining area must be have a seat
allocated on the premises and the number of seats in the external dining area is 70’. In the above
decision notice Council decided to impose the above condition 4. The applicant remains
concerned that confusion could result from that condition as currently worded. The applicant would
prefer that each patron has an allocated seat given that such a condition may further complicate
any claims of noncompliance of Council’s approval. Council appears to be convinced that only 50
seats are possible within the proposed outdoor dining area. It is unknown how Council arrived at
this figure with such confidence. In order to further assist Council in this regard, the applicant has
prepared the attached scaled seating diagram which confirms the 70 seats remain possible as
previously quoted to Council.
The applicant requests that Condition 4 be amended as follows:
Patrons in the outdoor dining area must be have a seat allocated on the premises and the
maximum number of seats in the external dining area is 70 and generally in accordance with the
seating diagram as provided to Council.


                                                                                     Page 33 of 119