Minor Change Report MCU17 0024 03 (As Published) · MCU17/0024.03

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               1.     PROPOSAL
               The proposed minor change seeks to amend Condition 8 of approval MCU17/0024.02 to include
               noise limits which align with the Office of Liquor and Gaming Regulation (OLGR) Guideline 51 and
               the club’s current liquor licence and Risk Assessed Management Plan (RAMP).
               The proposed noise limits are measured at defined Close External Monitoring Locations (CEMLs)
               within 25 metres of the Sunshine Beach Surf Life Saving Club in lieu of the current condition which
               requires the use of internal sound pressure level conditions with external monitoring criteria.
               Additionally, the application requests deletion of Conditions 9, 10, and 11, which mandate the use
               of a sound limiting device (SLD).
               The applicant submits that these changes represent a more contemporary and enforceable noise
               management framework that maintains residential amenity while aligning with best practice
               acoustic assessment methodologies.
               The locality and proposal plan are included below.




                     <
                                                        Figure 1 – Locality


               2.     BACKGROUND
               19 October 2017 -             MCU17/0024 Council approved a development application
                                       (Entertainment & Dining Business Type 1 Food & Beverages and Type 2
                                       Recreation, Amusement and Fitness) for a new surf club building
                                       associated car park and landscaping completed in 2019.
               21 May 2020 -           MCU17/0024.01 Council approved a minor change amending Condition 8.
                                             The minor change sought to amend Condition 8 of the development
                                       approval to update the noise requirements (two existing numerical noise
                                       limits included on the approval prior to the construction of the new
                                       clubhouse) to be replaced with acoustic testing criteria used by the Office
                                       of Liquor and Gaming Regulation (OLGR) under Regulation 40 of the
                                       Liquor Regulation 2002.

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                                             Theapproach used the OLGR’s standardised method (LA10 and
                                       LOCT10‑based measurements) to determine “unreasonable noise,”
                                       reflecting real, verifiable acoustic testing carried out on the completed
                                       building.


                                       Council supported the amendment, noting that the OLGR‑aligned
                                       conditions provided a more accurate and appropriate noise management
                                       framework for the operating venue while maintaining residential amenity.
                                       A temporary trial of the new limits was approved for 12 months,
                                       commencing 22 May 2020, with a condition enabling the applicant to
                                       extend the limits after this time..
                                       subject to consideration of any potential complaints (see below Existing
                                       Condition 8).
               17 December 2024 -      MCU17/0024.02 - Council approved a minor change to the existing
                                       development approval to the Lifesaving Club building to install stackable
                                       2.4m high glass doors along the eastern edge of the main floor deck and a
                                       connecting fly over roof between existing roof structures.




               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020 (25 September 2025).
               3.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in circumstances where a change would constitute a ‘minor change’.
               The proposed change to the development approval requested by the applicant is determined to
               constitute a minor change on the grounds that:
               •    the development would not result in substantially different development as the proposal does
                    not dramatically change the built form or introduce new or increased impacts;
               •    the change does not include prohibited development;
               •    the change would not require the application to be referred to an additional referral agency or
                    cause a referral agency to have regard to new matters prescribed by regulation;
               •    where the original application was code assessable, the change would not cause the
                    application to become impact assessable.
               3.3. Statutory Instruments – Planning Scheme
               The original application was lodged and assessed under the now superseded (the Noosa Plan
               2006). Pursuant to s81 of the Planning Act 2017, Council must consider the planning scheme in
               effect when the original development application was lodged, however Council may give weight to
               the Noosa Plan 2020 being the planning scheme in effect at the time the minor change application
               was lodged.
               The following codes from Noosa Plan 2020 are applicable to this development:
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               •    Coastal Communities Local Plan Code;
               •    Recreation & Open Space Zone Code;
               •    Business Activities Code
               •    Community Activities Code;
               •    Works Codes;
               •    Land Subject to Acid Sulfate Soils Overlay Code
               •    Biodiversity, Waterways and Wetlands Overlay Code
               •    Coastal Protection Overlay Code
               •    Landslide Hazard Overlay Code.

               The proposed minor change specifically seeks to amend Conditions which relate to the monitoring
               and compliance of noise sources including amplified music, non-amplified entertainment, and
               patron noise.
               Approved Condition 8 (MCU17/0024.03, listed below) included the Applicant’s requested LA10 and
               LOCT10 limits be tested for 12 months, however if not extended by Council in writing reverted back
               to the original 2017 requirement (8 (iii) and (iv)).
               There has been no correspondence from Council extending the 12 month period therefore the
               originally approved 2017 (iii and iv ) limits now reapply. Currently, both Condition 8 iii and iv and
               the OLGR requirements are applicable to the site.
               Council’s Development compliance section advise that no noise complaints have been received
               from 22 May 2020 until the present.


               Existing Condition 8
               NOISE
               8.     All amplified noise at the premises must be conducted through a sound limiting device at
                      all times to ensure that noise does not exceed the following:
                      i.      between 6a.m. and 10p.m.—the adjusted maximum sound pressure level LA10, plus
                              adjustments for tonal and impulse components, exceeding the background level LA90
                              by more than 10dB(A);
                      ii.     between 10p.m. and 6a.m.—the sound pressure level LOCT10, in a full octave band
                              with centre frequencies from 63HZ to 2000HZ, exceeding the background level
                              LOCT90 by more than 8dB in any octave band.
                      Condition 8 i and ii shall apply for 12 months commencing 22 May 2020, unless further
                      extended by Council in writing. After that time if not extended by Council in writing condition
                      8 iii and iv shall apply:
                      iii.    Noise emanating from the premises including amplified or non-amplified noise and
                              patron noise prior to 10.00pm must not exceed 90dBC, fast response, when
                              measured approximately 3 metres from the source of the noise; and
                      iv.     Noise emanating from the premises including amplified or non-amplified noise and
                              patron noise after 10.00pm must not exceed 85dBC, fast response, when measured
                              approximately 3 metres from the source of the noise.




               Applicant’s Request
               The applicant submits;


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               The proposed amendments to Condition 8 aim to update the noise limits to align with the current
               endorsed noise limits by the Office of Liquor and Gaming Regulation (OLGR). These limits,
               measured at Close External Monitoring Locations (CEMLs), are precisely defined coordinates
               within 25m of the club, as detailed in the accompanying Sunshine Beach Surf Life Saving Club
               Acoustic Report (App A - Minor Change Application) (Acoustic Report 2).
               In place of these less effective conditions, the proposed Condition 8 will mandate compliance with
               the venue's Risk Assessed Management Plan (RAMP), dated November 2024. The RAMP
               provides a comprehensive set of operational and management measures that are far more
               practical and effective in managing all sources of noise, including patron noise, thus achieving a
               superior outcome for noise control and community amenity.
               The applicant requests that Condition 8 be deleted and replaced with the following condition:
               8.     Noise emanating from the premises, including amplified and/or non-amplified noise and/or
                      patron noise, must not exceed the following limits, fast response, when measured at the
                      following close external monitoring locations (CEMLs):
                              i.       CEML 1 – Located external to the premises between the southern side of the
                                       clubhouse and the residence at 9 Webb Road (residence closest to beach), one
                                       metre from the retaining wall in Ed Webb Park and perpendicular to the retaining
                                       wall and the southern most point of the clubhouse roof - this has approximate
                                       coordinates of (Latitude - 26.40662, longitude -153.11198).
                                       - 61 dBA between 10:00am and 6:00pm
                                       - 56 dBA between 6:00pm and 10:00pm
                                       - 58 dBC between 10:00pm and 12:00am
                              ii.            CEML 2 - Located external to the premises, between the southern side of
                                       the clubhouse and the residence at 7 Webb Road, approximately one metre
                                       perpendicular from the retaining wall in Ed Webb Park and in-line with the beach-
                                       side roof line of the residence at 7 Webb Road (roadside residence) - this has
                                       approximate coordinates of (Latitude - 26.40659, longitude - 153.11171).
                                       - 61 dBA between 10.00 am and 6.00 pm.
                                       - 56 dBA between 6.00 pm and 10.00 pm.
                                       - 55 dBC between 10.00 pm and 12.00 am.
                              iii.     CEML 3 - Located external to the premises on the northern side of the clubhouse,
                                       directly over the tactile `edge of footpath' indicators at the north-east corner of
                                       the clubhouse driveway entry at Belmore Terrace - this has approximate
                                       coordinates of (Latitude -26.40578, longitude - 153.11206).
                                       - 55 dBA between 10.00 am and 6.00 pm.
                                       - 56 dBA between 6.00 pm and 10.00 pm.
                                       - 63 dBC between 10.00 pm and 12.00 am.
                              iv.      Alterations or changes to the premises or landscape that could vary the location
                                       of any CEML's or make their location unidentifiable must not be undertaken
                                       without the authority of Noosa Council and the Commissioner for Liquor and
                                       Gaming.
                              v.       The premises must comply with Section 5.2 and Section 11 of the Risk Assessed
                                       Management Plan (RAMP), dated November 2024, in relation to procedures for
                                       managing noise and mitigating impacts on the amenity of the surrounding
                                       community.
               Assessment of Request
               The request was forwarded to Council’ Peer consultant for comment.


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               Peer assessment of request
               The change seeks to amend Condition 8 to remove reference to a sound limiting device and
               replace the noise limits with the CEML limits on the current liquor licence plus add reference to the
               RAMP.
               My opinion is that OLGR are the entity responsible for amplified/non amplified entertainment/patron
               noise for a Licenced premises. On this basis, Council do not need to include numerical noise
               conditions in the development approval now that an updated Liquor Licence has been obtained.
               My suggestion is that a replacement Condition 8 read as follows:


               New Condition 8.
               All amplified noise at the premises must be conducted through a sound limiting device at
               all times to ensure that noise does not exceed the Office of Liquor and Gaming Liquor
               Licence noise limits for the premises.


               The Applicant’s request is to remove the requirement for amplified music to be conducted through
               a sound limiting device (SLD) and in its place, include the OLGR CEML requirements.
               The peer assessment notes that Council does not need to duplicate numerical limits within the
               development approval as these are already contained within the OLGR approval. The requirement
               for an SLD is also included within the OLGR conditions (see Figure 2).
               During the application assessment the applicant raised ongoing concerns about the need for the
               retention of the SLD requirement within the development approval. Further discussion about this
               matter with Council’s peer consultant on 12 February 2026 advised that the SLD is not
               unreasonable at this location due to the location and proximity of the club to surrounding residential
               areas.
               The applicant has requested that condition 8 be amended to reflect the Risk Assessed
               Management Plan as this is considered to align with the OLGR limits. Whilst the change to reflect
               the OLGR noise limits is supported the wording of the condition is not and a simplified condition
               suggested below.
               Recommendation
               It is recommended existing condition 8 be amended to read as follows:
               8.     All amplified noise at the premises must be conducted through a sound limiting device
                      at all times to ensure that noise does not exceed the Office of Liquor and Gaming
                      Liquor Licence noise limits for the premises.




               Existing Condition 9 - 11
               9.     The sound limiting device is to have a locking mechanism, which is to be locked at all times
                      except for inspection or maintenance work on the device.
               10.    Access to the sound limiting device, except for maintenance work, is restricted to the
                      licensee, nominee and the person in charge of the premises at the time.
               11.    The sound limiting device must be checked and if necessary calibrated by a qualified acoustic
                      engineer at least every 12 months to ensure compliance with the conditions of the license.
                      Evidence of the sound limiting device calibration must be made available to an investigator
                      or police on request.
               Applicant’s Request
               The applicant submits that Conditions 9 - 11 be deleted for the following reason:.

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               Additionally, this application seeks to delete Conditions 9, 10, and 11, which currently mandate the
               use of a sound limiting device and related reporting. As established in Acoustic Report 2, sound
               limiting devices are ineffective in controlling noise generated by patrons, which is a significant
               component of overall noise emissions.
               Assessment of Request
               The request was forwarded to Council’s Peer consultant for comment.
               Peer assessment of request
               Councils consultant advised that:
               Given that the current Liquor Licence (86806) includes the below conditions LL262, LL263 and
               LL264 which all require a Sound Limiting Device, I do not agree with the request to delete
               Conditions 9, 10 and 11. It is best, in my opinion, for Council to maintain these practical conditions
               re noise limiting management.




                                             Figure 2 - OLGR current site conditions


               It is standard, in my experience for OLGR to require sound limiting devices, even with venue with
               noise limits set under Guideline 51 with CEML noise limits.
               The requirement for removal of the SLD is not supported and is included within the OLGR
               conditions. The request for deletions of the conditions is not supported.
               Recommendation
               It is recommended existing conditions remain unchanged.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               4.3. Other Referrals
               The application was forwarded to the following external experts for review and/or comment:
                      MWA Environmental - Acoustic assessment
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 83(9) of the Planning Act 2016.
               RECOMMENDATION


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               With regard to Application No. MCU17/0024.03 to make a minor change to an existing approval
               for Entertainment & Dining Business Type 1 Food & Beverages and Type 2 Recreation,
               amusement and fitness situated at 4 The Esplanade Sunshine Beach Qld 4567 and described as
               Lot 126 CP 845336, Lot 5 SP 269274, Council on 19 February 2026 decided to:
               A.     Approve the change in part and amend condition 8 to read as follows;
               8.     All amplified noise at the premises must be conducted through a sound limiting device at all
                      times to ensure that noise does not exceed the Office of Liquor and Gaming Liquor Licence
                      noise limits for the premises.


               B.     Refuse to make the change for deletion of Conditions 9 – 11 for the following reason:
                      The requirement for the use of a Sound Limiting device for amplified noise at the site is
                      reasonable due to its close proximity to surrounding residential areas.
                              i.           The sound limiting device provides an objective, tamper resistant
                                       mechanism for managing noise rather than relying on operator judgement or
                                       manual monitoring.
                              ii.           A sound limiting device is detailed in the conditions issued by the Office of
                                       Liquor and Gaming Liquor Licence conditions.




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