2016-06-07 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2016


REPORT
A Report was presented to Council’s Planning & Organisation Committee regarding a
development application for Material Change of Use for an Entertainment & Dining Business -
Type 1 Food & Beverages situated at 2 Bottlebrush Avenue, Noosa Heads. Refer Item 2, Page 6
of the Planning & Organisation Committee Agenda dated 2 February 2016 (included as
Attachment 1).
At its Ordinary Meeting held on 11 February 2016 Council resolved to defer consideration of the
application, at the request of the applicant, allowing them to provide further detail regarding the
use of the outdoor dining areas.
In seeking deferment, the applicant’s key concerns were the conditions recommended by staff
limiting the use of the Village Bicycle’s outdoor areas. They read:
3.      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 and Saturday nights.
4.      Patrons in the outdoor dining area must be seated and limited to 50.
Council Planning and Environmental Health officers met with the applicant on 15 February 2016
and discussed the issues raised in the development assessment report, particularly noise. Staff
reiterated previous advice that they considered the most appropriate way to attenuate patron
noise from the outdoor areas would likely be the partial enclosure of those areas.

The applicant submitted their formal response to the deferment on 5 May 2016. The response is
included as Attachment 2. The following supporting documents were also lodged:
      Public comments of support from an online “change.org” petition started by the Village
        Bicycle (from approximately 1300 people and totalling 90 pages).
      Petition of Support (with approximately 600 signatures and totalling 47 pages).
Hard copies of the comments and petition can be made available for Councillors’ perusal. The
sections that follow provide further assessment of the issues raised in the applicant’s submission.

Need for a late night venue of this type
The applicant’s comments regarding the need for the Village Bicycle venue, the niche it fills and
its popularity with locals, visitors and hospitality workers are noted and not disputed. The
comments are reinforced by the broad support shown in the submitted public comments and
petition. The development assessment report before Council aims to facilitate the use, subject to
conditions staff consider necessary to meet the outcomes sought by The Noosa Plan’s
Noosaville Locality Code and Business Uses Code to protect the amenity of existing nearby
residents. The report highlights the use is consistent with the site’s Business Centre zoning and
broadly desirable but specific noise considerations are raised due to the site’s frontage to
Bottlebrush Avenue.
Noise
Noise has been the critical assessment issue. The applicant’s submission makes the following
summary points:
(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.


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