2016-06-07 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2016




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open in The Junction after 8:30pm weekdays.     Council is encouraged to the committee of the Noosa
Junction Association if further confirmation is required in this regard.
From the commencement of Village Bicycle there has one nearby resident in a residential unit at 1
Bottlebrush Avenue who voiced his concern about the Village Bicycle Café, as he has understood to have
done previously with certain other surrounding uses. Luke and Trevor have attempted to meet with him to
identify his specific concerns so that they could attempt to address them. Unfortunately the resident claimed
that he will not stop complaining until the venue is closed regardless of what change to its operations are
undertaken. It is understood that this resident may have gained the support of several other residents in this
unit complex.

The Current Development Application
The current application seeks a development permit to use part of the outdoor dining area within the part of
the above site in addition to the inside of one of existing commercial premises on that site. No such approval
would have been required under the Noosa Planning Scheme had Village Bicycle Café been able to be
operate fully within the existing commercial premises. The current application was compiled so that the area
of proposed outdoor seating equals that area within the existing commercial premises which is used for the
kitchen, service and storage areas and thereby avoiding the need for any increase in onsite carparking or
demand on relevant community infrastructure.
Luke and Trevor provided a noise report that was prepared by a reputable qualified environmental
engineering consultancy who are recognised in noise and vibration specialists and have been
engaged by public and private sector clients on as wide variety of projects throughout Australia. As
part of this noise report, noise levels were measured in various location s including that outside 1
Bottlebrush Avenue which is the closest noise sensitive use. The noise was measured on a Saturday
night which commonly experiences the highest level of patronage on any trading night. These noise
levels were recorded with the existing 1.5m high timber paling fence in place. The noise specialist’s
report provided an array of information including details of the noise level measurements as well as
the computer modelling undertaken to calculate the operational noise levels of the Village Bicycle Café
in isolation from the general acoustic amenity at the surroundings. The noise report identified that
operational noise levels from the Village Bicycle Café before 10pm were within the required noise
limits and for after 10pm only exceeded the noise limit in only one of the six octaves (being the 250 Hz
octave) and that the modelled exceedance was only 1 dB(A) based on the noise limits defined under
the Liquor Act 1992 and Liquor Regulation 2002.
The noise specialist then undertook noise modelling based on increasing the height of the existing wooden
paling fence by 0.9 metres making it 2.4m high. The noise specialists identified that there were no modelled
exceedance of the Noise limit LA1o in any of the six octaves and that there was in fact a further reduction
across all six octaves.

The noise specialists concluded that the operation of Village Bicycle café will not result at unreasonable
noise at the nearest noise sensitive places based on the noise limits defined under the Liquor Act 1992 and
Liquor Regulation 2002, providing the following recommendations are implemented:
       To ensure compliance with the recommended limits on patron noise emissions, the following
      noise management measures must be implemented:
           e Staff actively encourage patrons to keep the noise down;
           e At closing time, staff ensure patrons move away from the premises as quickly and quietly as
             possible; and
           e Allow outdoor patrons to be standing, thus allowing free movement between tables, which can
             alleviate problem of patrons calling out to one another.
      In addition to the patron noise management measures, the following additional noise control
      measures are recommended:

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