2016-06-07 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2016




                                                  Page 25 of 65

(a) The applicant has been very cooperative in providing amended reports and advice to Council as it
        “experimented” with the height of the acoustic fence and acceptable noise levels above background
        noise levels after 10pm.
    (b) It should be noted that noise specialists engaged by the applicant have identified compliance with
        Council’s most recent request in relation acceptable noise levels above background noise levels
        after 10pm which is more stringent than both the State Liquor Act 1992 and Liquor Regulation 2002
        and the State Environmental Protection (Noise) Policy 2008.
    (c) It is understood that Council has not engaged any suitably qualified and experienced noise
        consultant to review the reports and advices applicant's own noise expert. The applicant has not
        had any advice from Council that it disagrees with the findings of the original detailed report and
        subsequent advices as requested by Council.
    (d) Queensland Office of Liquor and Gaming Regulation commonly investigate any complaints in
        relation to licensed premises and issues formal breach notices if any noncompliance is identified.
        The applicant wishes to highlight that to date the Queensland Office of Liquor and Gaming
        Regulation has not issued any breach notices against the Village Bicycle Café.
    (e) In attempting recommend conditions of approval of this development application, the most recent
        Council report and recommendation drew some similarities between mixed use residential,
        commercial and hospitality development in Hastings Street and the proposed            hospitality
        development on a commercial site and the residential development on a residential site across
        Bottlebrush Avenue.   It is considered that it is not fully appropriate to rely on selected Council's
        planning scheme provisions applicable to certain sites fronting Hastings Street and to then
        transpose these directly onto this development application in order to arrive at approved hours of
        operation.
    (f) At the meeting with Council staff on the 15" February, 2016, Council suggested that a roof be
        constructed over the proposed outdoor dining area.      The applicant has investigated such a
        suggestion and itis not an option at this stage.

The applicant is prepared to accept all conditions as recommended by Council staff with the exception of
parts of recommended Conditions 3 and 4 as explained below.

    3.  “The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
        dining area permitted after 10pm on Friday and Saturdays nights”
The Applicant’s Concern with this recommended condition:         As indicated above, the Village Bicycle
Café was established to provide a suitable venue for local residents to mingle and interact, and a major
component of patrons are those part-time workers in many of the local restaurants and cafes after these
venues close. It is suggested that some 9am to 5 pm workers may not fully appreciate the needs of many
part-time workers in the local hospitality industry who finish work say between 8pm and 10pm (note
commonly work later Friday and Saturday nights). These part-time workers and they often seek to find a
similar suitable venue when they finish work on week days that regular workers seek at 5pm week days
especially Fridays. The continued success of the Village Bicycle Café as currently operating is to be open
for those hours as proposed in the current development application. The business model being adopted and
successfully being implemented by the applicant simply could not work with early closure on Sunday to
Thursday nights as proposed in the recommended condition.
Interestingly the Council report recommends approval for the outdoor dining area to operate until 12pm on its
busiest nights ((.e. Friday and Saturday nights) but recommends closure at 10pm on the other quieter nights.
Council advises that requiring the Village Bicycle Café to close early five nights a week will provide a respite
for the residents across Bottlebrush Avenue.  It would appear that Council considers that Village Bicycle
Café can comply with those noise limits that are more stringent than both the State Liquor Act 1992 and
Liquor Regulation 2002 and the State Environmental Protection (Noise) Policy 2008 with the construction of
a 2.6m high wall and compliance with other conditions for Fridays and Saturdays but cannot comply for the
quieter trading nights. The applicants consider that Council’s rationale is not reasonable nor logical.
The Applicant’s Request:         That recommended Condition 4 be amended as follows - ”

                                                                                           Page 25 of 65