DA Report Neg Decision MCU17 0073 · MCU17/0073

DELEGATED REPORT
PLANNING ASSESSMENT BRANCH

REQUEST FOR NEGOTIATED DECISION NOTICE

Application no:	MCU17/0073
	
Author:	Lisa Pienaar - Development Planner
	
	

SUMMARY:

APPLICATION DETAILS
Application Number:	MCU17/0073
Applicant:	Lutheran Church Of Australia Queensland District
Representations Received Date:	12 September 2018
Original Approval Type:	Development Permit for Material Change of Use of Premises (Wellbeing Type 3 Worship)
Number of Submissions for Original Application:	4

PROPERTY DETAILS
Property Address:	115 Eumundi Noosa Rd NOOSAVILLE  QLD  4566
RP Description:	Lot 1 SP 228052
Land Area:	56800 m²
Existing Use of Land:	School Campus and Church

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Area / Locality:	Noosaville Locality Community Services
Planning Precinct / Zone:	
Assessment Type:	Impact

BACKGROUND:

A Development Permit for Material Change of Use of Premises (Wellbeing Type 3 Worship) for the extension to the church was approved on 17 July 2018.
The application sought approval for the redevelopment of the Place of Worship at the Good Shepard Lutheran College site. The existing church floor area is 560m2, which currently is also used as the school hall.  Presently, the church/hall spaces consists of a seating and stage area, store room, toilets, kitchen and office space.

The redevelopment of the church will result in an additional 672m2 of gross floor area. The existing worship component is currently 338m2, with the proposal increasing this area to 433m2 in size. The new Place of Worship will provide for a worship centre, offices, outdoor area, vestry, meeting rooms, both upper and lower levels, entry area, kitchen and toilets.

At the time the application was publicly notified, 4 properly made submissions were received.  The submitters were primarily concerned with existing noise levels coming from all uses on the site and in regard to the church use, the following:
Noise generated by the use of the church including the use of the ‘Friendship Terrace’ by church patrons and community groups.
Noise generated from the use of the existing College hall including music practice, the stacking and assembling of chairs, music concerts and use of the PA System.
Use of the church for other commercial activities.
The use of the church outside business hours by non-worship groups.
Changes in security lighting. Prefer the chapel internal lights are no left on all night.
Retention of trees and further landscaping.
Concerned with the height and illumination of the cross. Concerned with it being dominant and request it start at ground level.
Concerned with land values being affected with the expansion of the church.
Concerned that new office/meeting rooms will be used as a child care centre.
Request that construction work be restricted to week days only and no work starting before 7am.

The applicant suspended the appeal period on 29 July 2018 and made representations on 12 September 2018 to the development approval conditions.  The representations are detailed below but primarily relate to the requirement for an acoustic fence and the applicant has provided further acoustic advice in support of this.  Further, the applicant requests that the cross be allowed to be at the originally proposed height of 10 metres.

ASSESSMENT:
The applicant seeks to make representations about conditions 10, 13, 19, and 21.

An assessment in relation to each of the submitted representations is provided below.

Condition 10 – religious symbol
The cross associated with the church must not protrude above the roof line.
Applicant’s Representation
The fact that the cross is a religious symbol as raised in the submissions received is not a relevant planning matter. While the proposed cross will exceed the 8m height requirement under probable solution S8.1 of the Noosaville Locality Code, this structure is not of a bulky nature, is of an architectural scale consistent with the proposed building and will not have an adverse impact upon the amenity or the streetscape. Consequently, the proposed cross complies with specific outcome O8 and should be allowed.

Assessment of Representation
Currently, the existing church building has a small cross on the western wall face. The proposed extension to the church includes a cross which protrudes 2 metres above the proposed roof line of 8 metres. While it is acknowledged the cross is a religious symbol, it is also considered a structure which will be 10 metres from the existing ground level, which is well above the allowable 8 metre height limit under Noosa Plan.  This is not appropriate, as it would be quite visible to Eumundi Noosa Road and adjoining residences.  It is considered acceptable that the cross could be increased in size from what currently exists, but not allowed to go beyond the height limit for the locality, which means that the cross should not protrude above the finished roof line of 8 metres, as currently conditioned in the existing approval.

Recommendation

For the reasons outlined above, it is recommended that Condition 10 remain unchanged.

Condition 19 – Acoustic requirements
19.	A suitable and purposely constructed acoustic fence must be constructed between the church and the neighbouring residences prior to the commencement of building works in accordance with the recommendations of the Acoustics Noise Vibration report dated 17 May 2018.

Applicant’s Representation
Condition 19 requires a noise barrier to be built on the residential boundary, and references the May 2018 acoustic report prepared by Acoustics Noise Vibration. The May Acoustic Report states The existing school/ residential boundary fence is presently a paling fence. An acoustic fence could be investigated to confirm if it would provide useful attenuation of noise at the nearest residences.

The report goes on to say: The effectiveness of a noise barrier has been assessed for the nearest house to the friendship terrace. The house is low set and the ground level slopes away along the side of the school buildings. The required noise barrier heights to meet the proposed evening criteria for the larger group are as follows:
Evening criteria (up to 7dB(A) noise reduction)– Top of barrier RL17, Barrier height approximately 3.4m at the house windows near the centre of the carpark. The barrier would range from approximately 2.4m to 4m high along the residential boundary;
The adjacent house to the nearest house, has a High Set element that would be difficult to shield with a noise barrier.

Having investigated the noise barrier as suggested in the Acoustic Report, this is not considered to be a practical solution due to the significant height.

The additional advice from Acoustics Noise Vibration report concludes that:
• noise from the new worship centre, meeting room and offices, and meeting room on the lower level can meet the Draft Condition noise criteria at the nearest residences with suitable acoustic treatments and air conditioning to enable doors and windows to be closed as required;
• the church alterations will result in a reduction in noise radiating from the existing hall when it is used with the air conditioning as this will enable doors and windows to be kept closed;
• the frequency of occurrence of noise from chairs being moved on the timber floor of the existing building will be reduced as the new worship centre will have concrete floors (ie. rather than timber) and the seats will be set out permanently for services;
• air conditioning plant will be located away from the residential boundary and selection of suitable plant can enable the Conditioned criteria to be met;
noise from the friendship terrace will be infrequent and of relatively short duration and it is considered that the Conditioned criteria are overly onerous. Assessment against more appropriate criteria indicate levels from larger groups can meet the day time criteria, and it is expected that the occasional evening use with the time limited to 9pm would have minimal impact. Noise from smaller groups would meet the day and evening criteria;
• Noise predictions show that use of a noise barrier on the boundary to address Friendship Terrace noise is not practical due to the terrain and the significant height that would be required to achieve a suitable noise reduction;
• Acoustic treatments can be applied to the Friendship Terrace to minimise noise radiating towards the residences.

It is suggested that the erection of a barrier at least 4.0m in height is not a practical solution in the circumstances, resulting from intermittent noise impacts from people talking on the friendship terrace. It is should be noted that currently the applicant could build an acoustic fence as required under condition 19, but it is suggested that condition 21 (below) should be amended to allow for limited hours of operation, with this being a more practical solution rather than building the acoustic fence. Subsequently, condition 19 could be deleted.

Assessment of Representation
The applicant’s previous acoustic analysis made recommendations and amongst other things that noise control measures be investigated further to minimise potential impacts at the nearest residences and the mechanical plant be designed to meet the criteria. In this regard the May noise report referred to the existing paling fence between the church and the residences and suggests an investigation into the provision of an acoustic fence.

The applicant’s representations included further acoustic advice which have been considered by Council’s Environmental Health officer. He concluded that:
The noise issue for the friendship terrace would be in the evening when the background noise levels are lower, so noise from this outdoor area would be more noticeable. They advise that any use of this area in the evening would be infrequent given there are no evening church services at present. This is not to say that this won’t may change in the future, so potential noise from this area in the evening does need to recognised. The applicants suggested hours until 8pm for the friendship terrace is considered acceptable.

The latest acoustic information provided by the applicant determined that it is proposed to apply acoustic treatment of the ceiling the friendship terrace i.e. acoustic absorption panels, and the roof of this area will be sloped back towards the church so that noise will reflect back towards the church building.

Given the report has outlined more detail around the building design and its acoustic properties, the requirement to build a 4 metre high fence on the boundary is probably not necessary at this point in time given the stated uses (as outlined in the further information).

Recommendation
The further acoustic investigations investigated the logistics and benefits around an acoustic fence and determined a fence would need to be up to 4 metres in height between the church and residences. The applicant deems this impractical.

A fence that high would have amenity impacts on the residents with regard to aesthetics, access to light and sunlight and breezes.  Given the additional acoustic measures to be applied to the extensions of the building and hours of the friendship terrace have been suggested by the applicant to be no later than 8pm, it is recommended that Condition 19 be amended to remove the requirement for an acoustic fence and reference the Acoustic Noise Vibration report dated 12 September 2018. The amended condition will specify the design and acoustic treatment of the ceiling above the friendship terrace and request that certification be provided to Council that this has been implemented. It is recommended that Condition 19 is as follows:

19.	Building works must be in accordance with the recommendations of the Acoustics Noise Vibration report dated 12 September 2018, prepared by Acoustics Noise Vibration, in particular the design and acoustic treatment of the ceiling above the friendship terrace. Written certification from a suitably qualified person confirming that the noise control measures are as recommended in the Acoustics Noise Vibration Report dated 12 September 2018 (Ref: 0145 GSL Church Conditions Rpt 02) is required to be submitted to Council prior to the use of the friendship terrace.

Condition 13 – Hours of operation
The church must not operate outside the hours of:
7am to 10pm Monday to Thursday
7am to 11pm Friday and Saturday
8am to 10pm Sunday or any public holiday.
A dawn service is allowed on an infrequent basis not exceeding one or two services per year.
Condition 21 – Acoustic requirements
21.	Noise nuisance beyond the boundary of the site shall not exceed the following levels:
Worship Centre, Offices and Meeting Room
7am – 10pm:                 Background noise level plus 5 dB(A)
10pm – Midnight:           Background noise level plus 3 dB(A)
12pm – 7am:                 Inaudible
Friendship Terrace
7am – 9pm:                  Background noise level plus 5 dB(A)
Hours of use:               7am – 9pm

Applicant’s Representation
Given the proposed development can comply with the requirements for 21(a) no changes are being sought to this part; however, it is requested that part (b) be deleted and condition 13 be amended to allow the use of the friendship terrace until 8pm.

Given the terrace area is used for the gathering of people and does not produce other noise impacts from music or the like, it is suggested that a more practical approach is to limit the hours of operation. This is because the noise generated from people talking will not have a significant adverse impact upon neighbouring residential properties.  Consequently, it is suggested that condition 13 be amended as follows:

The church must not operate outside the hours of:
a. 7am to 10pm Monday to Thursday;
b. 7am to 11pm Friday and Saturday;
c. 8am to 10pm Sunday or any public holiday;
d. Friendship Terrace 7am – 8pm;
e. A dawn service is allowed on an infrequent basis not exceeding one or two services per year.

Assessment of Representation
The applicant’s acoustic report identified that the 5dB (A) is difficult to achieve on the friendship terrace with any number of people. The report also identified some additional acoustic measures with regard to the construction of the friendship terrace as follows:
To reduce radiation of sound from the Friendship Terrace, the following acoustic treatments are proposed:
The ceiling construction will include acoustic absorption panels to reduce the build up of reverberant noise;
The roof will be raked to reflect sound back towards the church rather than projecting it towards the residential boundary.

Council’s Environmental Health Co-ordinator’s review of this determined the above acoustic treatments will assist in noise mitigation. The main concerns are noise impacts beyond 6pm.  Therefore rather than amend Condition 13 and 21 as requested by the applicant, it has been determined that the amendment of Condition 21b. for a 5 dB (A) requirement between 6pm and 8pm will address these concerns.

Should there be any issues with regard to noise from the use, the Environmental Health Co-ordinator advises that he has the powers under the Environmental Protection Act to act on this beyond the conditions placed on this approval.

Recommendation
It is recommended to refuse to change Condition 13 and that Condition 21b. be amended as follows:

21.	Noise nuisance beyond the boundary of the site shall not exceed the following levels:
Worship Centre, Offices and Meeting Room
7am – 10pm:                 Background noise level plus 5 dB(A)
10pm – Midnight:           Background noise level plus 3 dB(A)
12pm – 7am:                 Inaudible
Friendship Terrace
6pm –8pm:    Background noise level plus 5 dB(A)
Hours of use:               7am – 8pm

RECOMMENDATION

AGREE IN PART to the representations submitted in relation to Application No. MCU17/0073, situated at 115 Eumundi Noosa Rd NOOSAVILLE  QLD  4566, and issue a Negotiated Decision Notice in accordance with the following:-

A.	Approve a change to conditions 19 and 21 to read as follows:-

Building works must be in accordance with the recommendations of the Acoustics Noise Vibration report dated 12 September 2018, prepared by Acoustics Noise Vibration, in particular the design and acoustic treatment of the ceiling above the friendship terrace. Written certification from a suitably qualified person confirming that the noise control measures are as recommended in the Acoustics Noise Vibration Report dated 12 September 2018 (Ref: 0145 GSL Church Conditions Rpt 02) is required to be submitted to Council prior to the use of the friendship terrace.

21.	Noise nuisance beyond the boundary of the site shall not exceed the following levels:
Worship Centre, Offices and Meeting Room
7am – 10pm:                 Background noise level plus 5 dB(A)
10pm – Midnight:           Background noise level plus 3 dB(A)
12pm – 7am:                 Inaudible
Friendship Terrace
6pm – 8pm:                  Background noise level plus 5 dB(A)
Hours of use:               7am – 8pm

B.	Refuse to change conditions 10 and 13 for the following reasons:

Condition 10:
The proposed structure is well above the allowable 8 metre height limit for the Noosaville Locality in Noosa Plan.
Condition 13:
There is no need to change Condition 13, as it is more appropriate to change Condition 21 as identified above

[Attachment: image1.png (image text)]
 
 
 

 
 
 

a
mm

  

NOOSA
COUNCIL