2016-10-11 S&O Agenda - Attachment 1 to Item 8 - Delegations of Authority

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  11 OCTOBER 2016


The Noosa Plan provides support for the proposed restaurant providing the business does not
adversely impact on the amenity of the residential uses that surround the site. The proposed use
does not raise any significant planning concerns except for noise and some potential overlooking.
Noise
The applicant seeks the following operating hours:
   6am to 10pm Sunday to Thursday
   6am to midnight on Friday and Saturday nights
The applicant has submitted an Acoustic Assessment by RoadPro Acoustics that uses the Liquor
Regulation 2000 noise criteria; criteria used by Office of Liquor and Gaming Regulation (OLGR)
for enforcing noise under a liquor licence. The applicant has also provided an Operational Noise
Management Plan which outlines processes to mitigate noise and noise complainant
management.
The Body Corporate and submitters have also raised concerns in regard to noise, siting the
extended trading hours (compared to the hours of the previous business). The Body Corporate
has provided conditional support providing the noise mitigation measures are incorporated.
Based on experience with previous business operators the Body Corporate requests the hours of
operation are limited to:
   7.30am – 9.30pm on weekdays (assume Monday to Friday)
   7am – 10.30pm weekends and public holidays (assume includes Sunday night)
In response to the Body Corporate request to limit the hours of operation, as a compromise the
applicant has advised the following:
        The operating hours are vital to ensure viability and to be commercially competitive with
        adjoining cafes / restaurants within Noosaville. The breakfast trade through the morning is
        one where a 6.00am opening is vital and necessary to be consistent with other
        establishments along Gympie Terrace. In recognition of the items raised within the BC
        submission the applicant is accepting a 9.30pm close Sun – Thurs and a 10.30pm close on
        Fri, Sat and Public Holidays.
The Acoustic Assessment provides recommendations to minimise noise in relation to waste
disposal, music and general operational noise but states in relation to patron noise that:
        The calculated potential noise impact levels indicate that patrons conversing in the outdoor
        area pose a risk of the criteria being exceeded during all time periods. It is expected that
        during the daytime this is unlikely to be an issue, particularly given the previous use of the
        tenancy. However, adjoining residents could reasonably be expected to be more sensitive
        during the evening and night-time periods.
The Acoustic Assessment suggests the proposal is similar to the previous ‘Elvis Café’ which
regularly seated up to 30 to 40 people in the outdoor dining area. It is agreed the proposed
change of use from a shop to a restaurant is of a technical nature, as the outdoor dining area has
historically been used for seating patrons of the former takeaway shop. Given that units directly
adjoin the subject tenancy and patron noise may exceed noise criteria, the Acoustic Assessment
suggests the outdoor dining area operate no later than 8pm where no noise mitigation measures
are installed. To allow later operation the Acoustic Assessment recommends transparent
acoustic barriers to the sides of the outdoor area (transparent to maintain the open feel) and
replace the membrane roof with a ‘sandwich’ type panel to reduce noise to the unit above.
The Acoustic Assessment does not indicate modelled noise levels after these measures are
incorporated but states:
        The proposed café/restaurant can be operated in a manner that achieves the Outcomes of
        the Noosa Plan i.e. without adverse effects on noise in the area.



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