MCU15/0086 - Attachment 2

            • Raising the height of the existing 1.5m high timber noise barrier fence to 2.4m with 0.9m
              addition, which will be added in a seamless way with no gaps between the existing timber
              palings and the addition; or

            • Construction of a new 2.4m high acoustic fence alongside or in place of the existing fence on
              the north-eastern boundary;

            • The intent of the provision of higher acoustic fence is to screen the direct line of view from the
              outdoor dining area of the café to the top floor of Bottlebrush Townhouses; and

            • If a new acoustic fence is constructed, suitable materials are timber, fibre-cement, aerated
              concrete (Hebel) or other material with a minimum density of 12.5 kg/m2.


Noosa Council then requested that the applicant reassess noise impacts from Village Bicycle Café on the
nearest noise sensitive places if the height of the proposed acoustic fence was reduced from the
recommended 2.4 metres to 2 metres and based on a more demanding standard being the noise
standards from Environmental Protection (Noise) Policy 2008. The applicant fully complied with
Council’s request. The applicant’s noise specialists then undertook revised modelling to conclude that with
the requested 2 metre high acoustic fence and with implementation of the other noise control measures
outlined in the original detailed report, the operation of Village Bicycle Café will not result in unreasonable
noise at the nearest noise sensitive places under the noise standards from Environmental Protection
(Noise) Policy 2008.

Noosa Council then requested a “more robust solution” and requested further modelling such that the noise
limits for post 10pm was even more demanding than those under the Environmental Protection (Noise)
Policy 2008 and thereby much more demanding than those under the Liquor Act 1992 and Liquor
Regulation 2002. The applicant again fully complied with Council’s request. The applicant again
commissioned its noise specialists to undertake further noise modelling as requested by Council and
provided modelled noise levels for first and second floor balcony at 1 Bottlebrush Avenue. In further advice
to Council the noise specialist confirmed that with the proposed 2.6 metre high acoustic fence and
implementation of the other noise control measures as outlined in the original detailed report that the
operation of Village Bicycle café will not result in unreasonable noise at the nearest noise sensitive places
under Council’s own “more robust” noise standards.

It is understood that the concerned resident at 1 Bottlebrush Avenue may have arranged his own noise
assessment and supplied some information to Noosa Council. Unfortunately neither Council nor the nearby
resident will supply copy of that assessment to the applicant for whatever reason. Likewise, there is a
suggestion from Council that the Queensland Office of Liquor and Gaming Regulation had undertaken its
own noise assessment. Unfortunately Queensland Office of Liquor and Gaming Regulation will not release
any information for whatever reason. The applicant would have preferred the opportunity to review any
other information being relied upon by others especially given the cooperation extended to Council as it
“experimented” with fence heights and noise levels.

The applicant has relied on noise level assessments by a recognised qualified experienced professional
noise expert who used appropriate noise recording equipment and undertook modelling using recognised
computer software. The background information recording, modelling and recommendations were all
published and made available to any party who had an interest in them. It is unknown why noise
assessments undertaken by others has not been made available to the applicant.


The Council Staff Report and Recommendation

As indicated above the applicant acknowledges that Council staff had previously recommended approval
subject to certain conditions in a report that was tabled at Council’s Planning and Organisational Committee
meeting held on 2 February, 2016.

The applicant consider that a number of matters including the following need to be acknowledged when
reviewing the staff report:-