2016-06-07 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        7 JUNE 2016


(c)   It is understood that Council has not engaged any suitably qualified and experienced noise
      consultant to review the reports and advices of the applicant’s 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 to recommend conditions of approval for 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 15th February, 2016, Council suggested that a roof
      be constructed over the proposed outdoor dining area. The applicant has investigated such
      a suggestion and it is not an option at this stage.
The applicant’s Acoustic Reports were assessed by Council environmental health and planning
officers. The principal concern with the applicant’s acoustic assessment is it suggests marginal
compliance with acoustic levels based on acoustic modelling. Patron noise was recorded at the
premises on Saturday 2nd and Sunday 3rd May 2015, with recording devices visible on the site
and known to management. The modelling indicates allowable patron noise at 3 metres from the
source to achieve acceptable limits at receivers is 74dB(A). The on-site limit required under the
Village Bicycle’s current Liquor Licence being 75dB(C) (which is a different frequency weighting).

Staff consider the acoustic modelling results indicate marginal compliance and operational
compliance would rely heavily on management to attempt to limit patron noise to the 74dB(A)
level late at night at a drinking venue. As the submission notes, the Acoustic consultant
recommendations include:
To ensure compliance with the recommended limits on patron noise emissions, the following
noise management measures must be implemented:
•     Staff actively encourage patrons to keep the noise down; …
By way of comparison, Sogo Bar to the south on Noosa Drive is required to close its outdoor
terrace at 10pm each night and for patrons to then be inside behind an airlock.

The proposed increase in the height of the acoustic fence to the Bottlebrush Avenue frontage to
2.4m should offer some appreciable noise attenuation but is unlikely to adequately contain noise.
Figures 1 & 2 below indicate the lines of site from seated and standing positions at the southern
end of the outdoor area. The dummy fence extension shown extends to roughly the eaves height
and the balustrade height of the upper level units opposite for seated and standing heights
respectively.




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