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

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    11 OCTOBER 2016


     Council refuse to extend the Friday & Saturday operating hours requested by the applicant
     Staff cease smoking cigarettes after hours in the dining area
     Security lighting be reviewed to ensure that spill light is minimised
     Noise from mechanical equipment and cold rooms be minimised
The changes to the café scale are supported, with conditions recommended requiring
construction of an acoustic fence and other measures relating to noise, smoking and spill light.
Hours of Operation
The application seeks approval to trade for an additional hour on Friday and Saturday nights.
The applicant submits:
The centre has approval to operate 7 days a week with operating hours of 7am to 7 pm. The
applicant also seeks approval for the centre to be open till 8pm on Fridays and Saturdays to
enable flexibility to meet the needs of today’s consumer and the change in consumer habits.
The request is not supported because it represents a further departure from the original
development approval intent for a garden centre. The primary concern is the additional impact
on neighbours’ amenity by the licenced café operating into evening hours. Evening licenced
dining on the site would not reasonably have been expected by residents under the provisions of
The Noosa Plan. Additional patron noise is an unreasonable impact on their amenity and is not
supported.

4.     CONSULTATION
4.1. IDAS Referral Agencies
Not applicable.
4.2. Other Referrals
Nil.
4.3. Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable
Planning Act 2009. 5 properly made submissions and 1 not properly made submission were
received, comprising:
    4 objections
     1 conditional objection
    1 petition of support including of approximately 316 signatures
The following table provides a summary and assessment of the issues raised by submitters.

 Issues                                                Comments
 Object
 The dining area of the café creates regular and       Conditions are recommended to erect a 3m high
 constant patron noise to adjacent residents.          acoustic fence to provide noise attenuation to
                                                       adjacent residents
 A walk in cold room has been installed adjacent to    The acoustic fence and mechanical equipment
 the residences to the south and creates mechanical    noise conditions are recommended to address
 noise at all hours.                                   this issue.
 Leaf Blowers are used near the southern boundary      The conditioned acoustic fence will assist in
 fence every day at 7am-7.30 causing noise nuisance.   reducing this noise nuisance.
 Water blasting/gurney equipment has been used on      A condition is applied limiting noise generating
 a number of occasions prior to 6am.                   activity to after 7am.


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