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2016-06-07 - Planning & Environment Committee Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2016




                                                  Page 18 of 65

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                7 JUNE 2016

       PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                      2 FEBRUARY 2016

       Carparking and Use Areas
       The Driveways and Parking Code calculates parking demand for food and beverage
       businesses based on net use areas, exclusive of kitchens and the like. The proposal seeks
       to maintain the development’s existing net use by limiting the use of the outdoor dining area
       to 40m? at any one time. This is considered reasonable and a condition is recommended
       accordingly.
       Noise
       Noise is the critical aspect of the assessment. The introduction of outdoor dining areas on
       the site introduces new noise sources with the potential to negatively impact on the amenity
       of existing residences in Bottlebrush Avenue. In particular, the areas are within the line of
       sight of some units in the adjacent Bottlebrush Terraces at 1 Bottlebrush Avenue and noise
       complaints have been received from residents. Outcome O20 of the Business Uses Code
       requires:
       Development is designed and sited to avoid noise emissions that unreasonably diminish the
       amenity of the area or surrounding uses.
       The Noosa Heads Locality Code similarly seeks to protect the amenity of existing residents.
       The applicant engaged acoustic consultants, ATP Consulting Engineers, to assess the
       development’s noise impacts.   The originally submitted Noise Impact Assessment report
       material applied a maximum noise criteria at the nearest receiver at the Bottlebrush Terraces
       of Background+5dB(A) and modelled marginal compliance with this limit based on the
       construction of a 2.0m acoustic fence along the site’s Bottlebrush Avenue boundary.
       Council planning and health officers had concerns with the potential for noise impacts under
       the modelled scenario and requested the applicant provided further noise assessment
       addressing:
       e    More stringent noise criteria of Background + 3dB(A) after 10pm;
       °    Use of more robust noise attenuation measures;
       e    Consideration of relocating some parts of the outdoor dining area.
       The amended acoustic assessment resulted in the following noise criteria at sensitive
       receivers:
                                        Table 2.1 Noise Criteria
                        .                              Ws                    Criteria

                      Day                        .                             55
                (7:00am to 6:00pm)  Background noise level (Lago,1)* + 5dB(A) (50 +5)
                         i                       .                             50
                6-00p ae  eooom     Background noise level (Laso,t) + 5dB(A)  45 +5
                so000n   7-00 am    Background noise level (Lago,r) + 3dB(A)  40 3 3
       The assumed evening and night-time background levels of 45dB(A) and 40dB(A) are
       considered reasonable and appropriate for the location. They correlate with urban settings
       having some traffic and commerce noise and are supported by the ATP’s background noise
       recordings in the area.
       ATP’s assessment notes the existing OLGR liquor licence applies the following enforceable
       limit:
       Noise emanating from the premises including amplified and non-amplified noise and patron
       noise must not exceed 75dB(C), fast response, when measured approximately 3 metres
       from the primary source of the noise.

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