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

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                11 OCTOBER 2016


       The measures required to do this are predominately operational in nature, and are
       therefore dependent on staff being very aware of the potential for noise generation, and
       pro-actively addressing it as required.
       Suggestions have been made to address potential noise sources, however these shouldn’t
       be considered to be exhaustive. In particular, the outdoor dining area could be improved
       considerably from an acoustical viewpoint with relatively simple additional construction.
The Acoustic Assessment does not clearly demonstrate that when the noise mitigating measures
are installed that the Liquor Regulation 2000 noise criteria can be achieved. However, given the
historical use (including operating hours) and the proximity to the residential units, the following
hours of operation are considered reasonable:
     6.30am – 9.30pm Sunday to Thursday
     6.30am - 10.30pm Friday, Saturday and Public Holidays
To maintain amenity of the neighbouring and surrounding units, a condition is recommended to
ensure the outdoor dining area is not used after 8pm until the noise mitigating measures
recommended in the Acoustic Assessment are incorporated.
Overlooking
The patrons using the outdoor dining area may have the opportunity to overlook the adjoining
unit to the west. A garden is established to this area but to ensure privacy, a portion of the
acoustic screen, recommended by the Acoustic Assessment could be translucent to mitigate any
overlooking. This will also maintain the outdoor ambiance. A condition is recommended
accordingly.
Land Use & Works Provisions
The following codes which regulate land use and design are applicable to this application:
    Noosaville Locality Code;
    Business Uses Code;
    Landscaping Code; and
    Engineering Works Codes

The application has been assessed against each of the above applicable codes. The pertinent
matters arising out of the assessment against the codes are discussed below:
Car Parking
The original approval allowed 12 car spaces for the 2 shops in addition to the multiple dwelling
spaces.
The subject tenancy, at the time, had a GFA of 146m² and was permitted to use the outdoor
seating area. The second shop (currently the Red Emperor) has a GFA of 70m² which is
equivalent to 3.5 spaces, leaving 8.5 spaces available for the subject tenancy.
The proposed use area of 67m² attracts 7 car spaces (1 space per 10m² or part thereof); within
the 8.5 spaces allowed for under the original approval.

4.     CONSULTATION
4.1.   Referrals
The application was forwarded to Council’s Health department and their comments form part of
this report.
4.2. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. Nineteen (19) properly made submissions and 5 not properly made
submissions were received. The following table provides a summary and assessment of the
issues raised by submitters.

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