MCU15/0086 - Attachment 1

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                             2 FEBRUARY 2016


Carparking and Use Areas
The Driveways and Parking Code calculates parking demand for food and beverage
businesses based on net use areas, exclusive of kitchens and the like. The proposal seeks
to maintain the development’s existing net use by limiting the use of the outdoor dining area
to 40m2 at any one time. This is considered reasonable and a condition is recommended
accordingly.
Noise
Noise is the critical aspect of the assessment. The introduction of outdoor dining areas on
the site introduces new noise sources with the potential to negatively impact on the amenity
of existing residences in Bottlebrush Avenue. In particular, the areas are within the line of
sight of some units in the adjacent Bottlebrush Terraces at 1 Bottlebrush Avenue and noise
complaints have been received from residents. Outcome O20 of the Business Uses Code
requires:
Development is designed and sited to avoid noise emissions that unreasonably diminish the
amenity of the area or surrounding uses.
The Noosa Heads Locality Code similarly seeks to protect the amenity of existing residents.
The applicant engaged acoustic consultants, ATP Consulting Engineers, to assess the
development’s noise impacts. The originally submitted Noise Impact Assessment report
material applied a maximum noise criteria at the nearest receiver at the Bottlebrush Terraces
of Background+5dB(A) and modelled marginal compliance with this limit based on the
construction of a 2.0m acoustic fence along the site’s Bottlebrush Avenue boundary.
Council planning and health officers had concerns with the potential for noise impacts under
the modelled scenario and requested the applicant provided further noise assessment
addressing:
      More stringent noise criteria of Background + 3dB(A) after 10pm;
      Use of more robust noise attenuation measures;
      Consideration of relocating some parts of the outdoor dining area.
The amended acoustic assessment resulted in the following noise criteria at sensitive
receivers:




The assumed evening and night-time background levels of 45dB(A) and 40dB(A) are
considered reasonable and appropriate for the location. They correlate with urban settings
having some traffic and commerce noise and are supported by the ATP’s background noise
recordings in the area.
ATP’s assessment notes the existing OLGR liquor licence applies the following enforceable
limit:
Noise emanating from the premises including amplified and non-amplified noise and patron
noise must not exceed 75dB(C), fast response, when measured approximately 3 metres
from the primary source of the noise.



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