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Appendix A Assement against Provisions & Benchmarks · 132005.1133.13
APPENDIX A ‐ ASSESSMENT AGAINST APPLICABLE ASSESSMENT PROVISIONS AND BENCHMARKS JFP Ref: M2652/F Page 12
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NOISE ASSESSMENT BENCHMARKS
From review of the assessment benchmarks under the Noosa Plan 2006 and the Superseded Noosa Planning Scheme, we believe that the Noise Management requirements
had been reasonably conditioned as part of the previous CDA 132005.1133.9 dated 14 May, 2019 given the context and history of the proposed development.
SUPERSEDED TRANSITIONAL NOOSA PLANNING SCHEME 1997
Applicable Noise Provision Comment
8.3 Amenity – No development shall be undertaken which, in the opinion of the Council would:‐ Complies. Please refer to enclosed Noise Impact Assessment and Noise Management
b. Cause or be likely to cause interference with the amenity of the area from the operation of Plan in Appendix B, which has undertaken an assessment of all potential noise sources
machinery or electrical equipment, or from the emission of light, noise, vibration, small, fumes, and outlines appropriate control measures to ensure the development does not cause
smoke, vapour, steam, soot, ash, grit, oil, dust, waste water, waste products, electrical interference with the amenity of the area from noise.
interference or otherwise.
It is noted that this provision has been appropriately conditioned within conditions 79,
81 – 85 (CDA 132005.1133.9 dated 14 May, 2019).
NOOSA PLAN 2006
Noosa Heads Locality Code
Specific Outcomes Probable Solutions Comments
Table 9.11 ‐ 9.8 Effects of Use
Amenity
01 Uses are located, designed and operated No solution provided Complies. Please refer to enclosed Noise Impact Assessment and Noise Management
to avoid significant adverse changes to the Plan prepared by David Moore & Associates in Appendix B, which has undertaken an
light, air quality, noise, accessibility, or assessment of the proposed layout, design and operations. The management plan
other conditions enjoyed by users of outlines appropriate management of operations including a noise complaint procedure
associated, adjoining or nearby uses. and control measures. This ensures no adverse impacts on users of associated,
adjoining or nearby uses as a result of potential noise generated from uses.
It is noted that this provision has been appropriately covered within condition 79 (CDA
132005.1133.9 dated 14 May, 2019).
Table 14‐8 For all Business Uses
Noise
020 Development is designed and sited to No solution provided Complies. Please refer to enclosed Noise Impact Assessment and Noise Management
avoid emissions that unreasonably diminish Plan prepared by David Moore & Associates in Appendix B, which has undertaken an
the amenity of the area or surrounding assessment of all potential noise sources and appropriate control measures to ensure
uses. that amenity of the area or surrounding uses is not diminished. The development has
JFP Ref: M2652/F Page 13
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Specific Outcomes Probable Solutions Comments
significant attenuation measures already built into the development, as part of the
design, layout, materials and plant and equipment.
It is noted that this provision has been reasonably conditioned within conditions 79, 81
– 85 (CDA 132005.1133.9 dated 14 May, 2019) and with context with the existing
development approval history and approved footprint of the facilities building. It is
understood that the matters raised by Council relate to the additional outdoor dining
area, however, when viewed against the extent of outdoor area previously approved in
CDA 132005.1133.6, this equates to an additional area of 37m² based on the redesign
of the development as approved onwards from 11 March, 2016.
Below Table outlines the GFA changes to the Facilities Building:‐
132005.113 CDA – CDA – CDA ‐ CDA ‐ CDA ‐ CDA ‐ CDA ‐
3 132005. 132005.1 132005.113 132005. 132005.113 132005. 132005.11
9 1133.4 133.5 3.6 1133.7 3.8 1133.9 33.10
November, 11 19 22 18 29 14 May,
2007 March, December September, January, November, 2019
2016 , 2016 2017 2018 2019
Facilities 850m² 536m² 571m² 612m² 600m² 600m² 572m² 659m²
Building
Overall GFA
Café/Restau 450m² 75m² 115m² 137m² 135m² 135m² 78m² 135m²
rant
Outdoor 90m² 95m² 115m² 110m² 110m² 114m² 185m²
Dining
Total Café/ 450m² 165m² 210m² 252m² 245m² 245m² 192m² 289m²
Restaurant
and
Outdoor
Dining
Mechanical plant and equipment and storage areas
021 Mechanical plant and equipment S21.1 Mechanical plant and equipment are— Complies. It is noted that this provision with respect to Mechanical plant and
(including air condition equipment) and a) located more than 2m from any property equipment relates to visual impacts.
storage areas are designed and located to – boundary;
a. avoid visual impacts when viewed b) where located at ground level, screened by Please refer to enclosed Noise Impact Assessment and Noise Management Plan
from the street and adjoining fencing 1.5m in height or dense vegetation of at prepared by David Moore & Associates in Appendix B, which has undertaken an
properties; and least 1.5m in width incorporating grouped trees assessment of mechanical plant and equipment and outlines appropriate control
b. visually integrate with the building and shrubs with maximum separation distance of measures for such plant and equipment.
design. 1m measured from the centre of the tree or
scrub; and
JFP Ref: M2652/F Page 14
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Specific Outcomes Probable Solutions Comments
c) are visually integrated into the line and plane It is noted that this provision does not specifically reference noise; however, noise
of the building and roof design and do not requirements for mechanical plant and equipment have been reasonably conditioned
project beyond the height or width of the within condition 81, 82 and 84 (CDA 132005.1133.9 dated 14 May, 2019).
building when viewed from the street and
adjoining properties;
AND
S21.2 For Industrial business and Retail business
Type 3, materials stored outside of a building do
not exceed 4m in height or half the height of the
on‐site buildings whichever is the greater.
Site facilities
032 Waste storage areas, external storage 32.1 Waste storage areas, external storage areas Complies. Please refer to enclosed Noise Impact Assessment and Noise Management
areas and loading docks do not distract and loading docks are situated to the rear of the Plan prepared by David Moore & Associates in Appendix B, which has undertaken an
from the visual amenity of the streetscape building or under the ground; assessment and control measures for noise associated with waste management.
or cause nuisance to adjoining properties. OR
S32.2 With the exception of the access way, It is noted that this provision has been appropriately conditioned within condition 79
waste storage areas, external storage areas and (CDA 132005.1133.9 dated 14 May, 2019), as the development is required to operate in
loading docks are visually screened by a manner that does not cause any nuisance (excessive noise). This item has also been
landscaping or fencing. appropriately reflected within the current noise management plan by restriction of the
hours for waste management collection.
Table 14‐10 Entertainment & Dining Business or Retail Business Types 1 or 2
Noise and visual amenity
035 Uses maintain a satisfactory level of S35.1 For uses involving outdoor courts including Complies. Please refer to enclosed Noise Impact Assessment and Noise Management
acoustic and visual amenity for surrounding tennis courts, half courts and netball courts—the Plan prepared by David Moore & Associates in Appendix B, which has undertaken an
uses. use complies with the requirements in Section 2 assessment of the potential sources of noise generation from the particular uses on the
of PSP8 Tennis and other Courts. site and control measures to ensure that uses maintain a satisfactory level of acoustic
and visual amenity for surrounding uses.
It is noted this provision has been reasonably conditioned within conditions 79, 81 – 85
(CDA 132005.1133.9 dated 14 May, 2019).
Please see below extract of the current conditions on the development approval
relating to Noise Management – conditions 79, 81 – 85:‐
79. The development must be undertaken and operated in a manner that does not
cause any nuisance to the amenity of other landholders and residents in the
neighbourhood by reason of the creation of excessive noise, lighting or other emissions
JFP Ref: M2652/F Page 15
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Specific Outcomes Probable Solutions Comments
in accordance with the nuisance provisions of the Environmental Protection Regulation
1998 or Council’s Local Law No. 12 – Control of Nuisances.
81. Noise emission from mechanical equipment (air conditioners, refrigeration
equipment, or pool pumps etc) shall comply with the following requirements:
a. A person must not use equipment on any day if it makes or causes noise to be made:
i. From 10pm to 7am: Not more than the higher of either:
a. 40 dB(A)
b. 3 dB(A) above the background noise level
No audible noise for pool pumps apply during these hours
ii. From 7am to 7pm: Not more than the lower of either:
a. 50 dB(A)
b. 5 dB(A) above the background noise level
iii. From 7pm to 10pm:
a. Not more than 3 dB(A) above the background noise level.
82. Submission of written certification from a suitably qualified person confirming that
the noise levels from all mechanical equipment complies with the requirements of
Noosa Council Local Law No. 12 – Control of Nuisances and the requirements of the
Environmental Protection Regulation 1998.
The assessment and certification is required immediately after installation of the
equipment and prior to any occupation of the building, and in a format approved by
Council. This assessment must take into account noise from any other fixed equipment
on the property e.g. swimming pool pump, heating/cooling equipment, etc that may
increase the overall noise level emitted.
Advice: It is highly recommended that the person you engage to certify the installation is
involved at the plan development stage so they can recommend where this equipment is
best located. They can also advise about noise enclosures and can make other
suggestions to avoid noise problems. It is a lot more costly to try and deal with noise
problems after everything is built.
83. The development shall comply with the noise management strategies contained in
the report prepared by Ron Rumble Pty Ltd and dated November 2006, with the
following additional details to be provided prior to issue of Operational Works to the
reasonable satisfaction of Manager, Environmental Health Noosa Council: ‐
83.1 The necessary and appropriate noise control measures incorporated into the
façade of the apartments and within the restaurant. These measures shall include:
83.1.1 Upgraded glazing and air‐conditioning to the potentially affected apartments;
83.1.2 Strategically placed wing walls on balconies to screen the apartment and
balconies from alfresco dining areas;
JFP Ref: M2652/F Page 16
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Specific Outcomes Probable Solutions Comments
83.1.3 Installation of a roof over the outdoor dining area with absorption to the
underside should be explored;
83.1.4 Revised hours of operation to no later than midnight;
83.2 Formulate and implement a Noise Management Plan to deal with noise emissions
from the premises including patron noise.
83.3 The applicant must advise prospective purchasers that a noise management plan
has been prepared to manage noise emissions related to the development.
83.4 The Noise Management Plan referred to in Condition 83.2 shall be incorporated in
perpetuity in the By‐Laws of the Body Corp for the building.
83.5 The Noise Management Plan shall include a process for dealing with complaints
and specify that the Restaurant Management and Body Corp Manager be responsible
for dealing with any noise complaints.
84. The location and noise attenuation for all plant and equipment is to comply with the
requirement of the Environmental Protection (Noise) Policy and Noosa Council’s Local
Law No 12 Control of Nuisances.
85. On completion of the development, a certificate by an appropriately qualified
acoustic consultant shall be submitted to Council demonstrating that the development
complies with the above conditions.
JFP Ref: M2652/F Page 17
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