2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      12 JUNE 2018


Condition 13
Further acoustic analysis is required using the Environmental Protection (Noise) Policy section
10 ‘Controlling Background Creep’ noise criteria. This report should include recommendations for
noise attenuation if criteria under this section are being exceeded. This report is to be provided to
Council within 60 days of the date of this approval and recommendations implemented within 60
days of Council’s receipt of the report.
Applicant’s request
The application included a detailed Acoustic Report undertaken by Joseph Carroll and accredited
RPEQ No. 7798. This acoustic report which undertook noise monitoring and analysis of the
findings made the following statements within the Executive Summary, RoadPro Acoustics has
carried out noise measurements of a pizza takeaway / dine-in cafe operation on Sunrise Road,
Tinbeerwah. Noise measurements were carried out over the course of an operating week
(Wednesday through Sunday) with a noise logger close to the nearest adjoining neighbour,
supplemented with detailed attended noise measurements. We consider the previously submitted
assessment and recommendations appropriately address the intentions of the Environmental
Protection (Noise) Policy. Application of the “background creep” criterion to this (or similar)
operation would be erroneous, ineffective in protecting amenity, and technically infeasible to
measure for compliance.
It is evident from the report from the qualified engineer that whilst there may be a perceived
issues relating to the operation’s use and noise, that in reality, all uses, activities and operation
comply and achieve the key assessment guidelines and external acoustic quality objectives
along with the requirements for the internal criteria. It has not been demonstrated by Council
within its reporting if Council has sought validation of the issue of noise or had contrary RPEQ
opinion provided that the acoustic report undertaken over a 5 day period is inaccurate in its
findings. As such to require further acoustic testing for a use that has been reduced in activity is
onerous, not required and not a reasonable condition. The condition is not reasonable, and we
request that Condition 13 be deleted.
Assessment
The acoustic report originally supplied by the applicant averaged sound over a period of time, but
did not consider the peaks and troughs (ie. sudden laughter, dishes clashing), which is the main
issue identified by submitters with regard to this use.
Council’s acoustic specialist has assessed the further acoustic material provided, and has
determined that it has addressed the issue and further acoustic analysis is not required. It was
agreed that the Lmax measurement as described in the further material will pick up the noise
peaks from those activities. The 35dB(A) limit is based on the lowest measured background
noise level of 30dB(A) plus an additional 5d(B). Background level plus 5dB(A) is a recognised
compliance level used when addressing noise issues that do not have any specific legislative
noise levels. The change better addresses the noise issues associated with sudden noises such
as doors slamming etc.
Therefore, it is recommended to replace original Condition 13 with new Condition 13, as follows.
13.   Noise emanating from the premises including amplified or non-amplified noise and patron
      noise must not exceed 35dB(A) LAMax,adj,T, when measured at the boundary of the
      business.




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