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2019-03-18 General Committee Agenda

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GENERAL COMMITTEE MEETING AGENDA                                                   18 MARCH 2019


REPORT
A report on this request for a Negotiated Decision Notice was considered by the Planning &
Environment Committee on 12 March 2019 (refer to page 68 of the Planning & Environment
Committee Agenda) and was subsequently referred to the General Committee meeting. During the
course of discussions at the committee meeting, Councillors requested that officers prepare an
alternative motion to allow entertainers and speakers to be located in the outdoor recreational area
around the pool and ensure the noise level is appropriately controlled.
In the circumstances the committee requested a further report be presented to the General
Committee meeting.
As advised in the report to the Planning & Environment Committee the applicant’s acoustic report
submitted as part of the application did not address or give consideration to potential noise impacts
from entertainers and speakers located outside, only advising that there will be no on-site
entertainment or formal social events such as parties. The report therefore does not include any
proposed measures to address potential noise impacts from entertainers or amplified music from
speakers.
Officers have subsequently discussed the matter further with Council’s acoustic consultant (MWA
Environmental) who advise that entertainers and speakers located outside are highly problematic
and difficult to control and ensure noise impacts do not arise for any nearby residents and thus the
reason why they have recommended that Council not agree to the requested change.
Notwithstanding this, the consultant has provided advice on an alternative condition should Council
wish to permit external speakers for the backpackers.
36.    Speakers located in outdoor areas of the site must be selected to be low power, installed
       as a distributed speaker system and controlled from a central volume control unit accessible
       to staff only and fitted with an electronic noise limiter such that speakers do not operate at
       noise levels which exceed 75 dB(C) at 3 metres from the source at any time. Speakers
       must be located and oriented such that they are not be directed towards off-site residential
       areas. There is to be no live entertainment on site.
In this regard, it should be noted the applicant has advised that they do not intend to have
entertainers on site and would accept a condition prohibiting entertainers on site. The applicant
has also advised that the speakers are intended to provide low level background music around the
pool area.
Staff have considered the issues raised by Councillors, but confirm the previous recommendation.
Should Council wish to agree to the representations in relation to condition 36 and permit speakers
to be located outside to play low level background noise, the requested motion has been drafted
for that purpose.
Requested Motion
That Council note the report to the Planning and Environment Committee dated 12 March 2019
and the further report to the General Committee Meeting dated 18 March 2019 by the Manager
Development Assessment regarding a request for a Negotiated Decision Notice for Application No.
MCU18/0102 for a development approval for Visitor Accommodation - Type 4 Conventional
situated at 14-16 Mary Street, Noosaville and:
A.    Refuse to change condition 3d for the following reasons:
      1.    Conditions 3d and 36 are required and warranted due to the site’s proximity to
            residential properties.
      2.    Conditions 3d and 36 are required to mitigate noise for nearby residents and
            complement and support other conditioned noise management strategies for the
            backpackers.
B.    Agree to change conditions 36 & 52 as follows:



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