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Att 6 - Existing MCU
Attachment 6 Existing MCU Response to Council’s Information Request MCU 24/0115 Agiato Pty Ltd 4 Pines Noosa 4th November 2024
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Noosa Council documents
PLANNING OFFICER’S (SD) REPORT
FILE: 20841 DA
APPLICANT: Irish Murphy’s Pty Ltd
OWNER: Perpetual Nominees Pty Ltd
SITE: 81 Noosa Drive, Noosa Heads described as Lot 1 on RP
206645, Parish of Weyba
EXISTING USE: Restaurant
AREA: 200 m²
STRATEGIC PLAN:
Preferred Business Centre
Dominant Land
Use:
Other Designation: Nil
ZONE: Commercial A
PROPOSED Material Change of Use (Nightclub)
DEVELOPMENT:
DEVELOPMENT Development Preliminary
APPROVAL Permit Approval
SOUGHT:
Material Change of Use X
Building Works
Reconfigure a Lot
Operational Works
Plumbing & Drainage Works
REFERRAL Nil
AGENCIES:
RECEIVED: 9 November 2000
NOTIFIED: 26 January 2001 to 19 February 2001
SUBMISSIONS: 14 Properly Made
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FEES PAID: $5175
1 INTRODUCTION
This application is seeking a material change of use of premises to operate a nightclub from
an existing restaurant premises at 81 Noosa Drive, Noosa Heads (see Attachment 1).
Approval currently exists for the restaurant use and the existing use rights will remain. The
applicant is seeking approval for the additional use as a nightclub. In addition, it is also
proposed to include an expanded office and storeroom area of approximately 15-20m2, which
already exists in the Noosa Junction Plaza. Attachment 2 is indicative of the proposal.
It is anticipated that the premises will operate as a restaurant and bar for lunch and dinnertime
trading, from 11 am until close of food service daily. The applicant advises that food service
is likely to close between 10 pm and 12 midnight depending upon demand. Nightclub
entertainment will commence after dinner trading until 3 am daily.
The applicant’s proposes to obtain a Cabaret license under the Liquor Act through the Liquor
Licensing Commission. In order to obtain such a license, the premises must be approved as a
nightclub under the Planning Scheme. Separate approval is to be sought for a Cabaret
Licence.
2 PUBLIC NOTIFICATION
Public notification was undertaken on the 26 January 2001, with submissions closing on the
19 February 2001. A Notice of Compliance was received on 22 February 2001, confirming
that all requirements of the Integrated Planning Act had been fulfilled.
During this notification period 14 submissions were received relating to the following:
1. There is an adequate supply of nightclubs in Noosa already.
Comment
The commercial viability and the existence of other nightclubs within the Shire is not
sufficient cause to warrant the refusal of the application.
2. It would appear that under the Noosa Shire Council Strategic Plan the Noosa Junction
site has been designated as a business centre, predominantly shops, offices and small
low impact dining facilities. Noosa Junction is surrounded by what is predominantly a
local, non-tourist resident population. It would seem then totally inappropriate from a
town planning perspective to permit this current proposal to proceed.
Comment
The premises are located within Noosa Junction Business Centre at Noosa Heads. The
Strategic Plan for this locality indicates that the intent of this area is to service visitor
and local needs. Much of the land to the north, along Noosa Drive, from the premises
has been developed for visitor accommodation, which will be served by the proposed
nightclub, as no other nightclub facility exists within the Noosa Junction Business
Centre. Section 3.1 below provides further assessment of the proposal against the
Strategic Plan.
3. The premises have no toilet facilities of its own to sustain such a use. It is reliant on the
Plaza facilities. Who is going to supervise drunken misuse of these facilities and the
Plaza area itself?
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Comment
Toilets currently exist within the shopping centre and already serve the needs of the
restaurant use. A direct and safe access to the toilets is guaranteed via an existing
corridor leading directly from the nightclub premises. Section 3.5 below provides
further detail in this regard.
4. Why do the applicants not have to provide carparks of their own instead of again relying
on the facilities provided by the “plaza” owners? Who will supervise the underground
carpark at night and in the early hours of the morning?
Comment
Section 3.4 below provides a detailed explanation regarding carparking facilities and
carpark safety.
5. The Heat FM office and on-air studios are located directly below the proposed
nightclub. While the station generally ceases local programs at 6 or 7 pm there are
requirements for the station to broadcast well into the night for both commercial reasons
and in the public interest. This would be made impossible due to the overwhelming
noise emanating from the nightclub. Furthermore, given that one of the two main
entrances to the proposed nightclub is adjacent to the front door of our premises. I am
concerned at the level of vandalism and rubbish that will be spread around the entrance
to our office. In short it is my belief that this business will be effected financially by an
approval to proceed with this application.
Comment
The acoustic assessment did not specifically consider the effect of noise on premises
beneath the proposed nightclub. However, currently the premises is operated as a
restaurant with operating hours until 12 midnight providing both indoor and outdoor
dining, with amplified music provided on selected nights until midnight. It is advised
by Council’s Environmental Health Section and the Liquor Licensing Commission that
few legitimate noise complaints have been made against the premises with the current
owners. The logbook submitted by the applicant as part of their acoustic assessment
endorses this notion.
The applicants’ acoustic consultant further advises that the change of use would not
require higher volumes of amplified music. Noise emanating from the premises is also
likely to comply with the limits set by both the Liquor Act and the Environmental
Protection (Noise) Policy 1997. Council’s Environmental Health Section have assessed
the acoustic report submitted by the applicant, and Councils Acoustic Consultant
submission and consider that reasonable noise levels can be achieved.
With regard to vandalism and rubbish it is considered that the Management Strategy,
addressed in section 3.3 below, will overcome these concerns.
6. One of the main concerns of the submitters is the disturbance of the peace of nearby
residents in the late night and early morning from the following:
· Loud music emanating from the premises;
· Noise from customers in the nightclub;
· Noise from customers leaving the club (people and cars);
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· Increase in drunken and unruly behaviour in the neighbourhood with an increase risk
to residents’ safety and property. As there is not a taxicab rank in the Noosa
Junction at the current closing time of the premises, homeward bound patrons walk
along Noosa Drive to the cab rank at Hastings Street or to further nightclubbing
along Hastings Street.
Comment
With regard to noise emissions occurring directly from the premises, an acoustic
assessment of the proposal was undertaken and conditions prepared to overcome these
concerns. Furthermore, a Management Strategy was submitted to Council, and also
adopted as a condition of approval. This Management Strategy addresses patron
dispersal within the immediate vicinity of the premises, measures proposed to ensure
surrounding streets are kept clean, and how the applicant proposes to ensure that the
outdoor terrace area will not be utilised following the closure of the restaurant for the
evening to minimise the potential for noise impact. Section 3.3 of this report relates to
same.
Patron behaviour beyond the premises and its immediate vicinity is however beyond the
Councils’ and the applicants’ control and responsibility. Instead, it is more an issue of
public consideration, controlled by the Police.
7. The disruptions identified in 6. above occur with the midnight closure; so of course, any
extension of hours is cause for expectation of more nuisance.
Comment
The imposition of maximum noise levels and the implementation of the submitted
Management Strategy are seen to overcome those issues identified in 6. above. It is
therefore considered unlikely that the extension of hours is cause for more nuisance.
8. A nightclub scenario suggests visiting entertainers and appropriate cabaret type floor
shows, possibly making sound control considerably more difficult.
Comment
The applicant’s proposes to obtain a Cabaret license through the Liquor Licensing
Commission. However, noise limits are required to ensure compliance with the
Environmental Protection Act and Environmental (Noise) Regulation. This is discussed
further in section 3.3 of this report.
3 ASSESSMENT
3.1 STRATEGIC PLAN
Pursuant to the Strategic Plan the subject site is included in the Noosa Heads/Noosaville
Locality and has a preferred dominant land use designation of Business Centre. This
designation is intended to provide for shops, offices and the like in an urban setting.
Specifically, it is intended that the Noosa Junction Business Centre will maintain its role as a
principal business centre for the Shire, with the major retail, business and administrative
outlets maintained.
The primary objective of this designation for this location is to:-
19.3.2 Encourage the consolidation of the Noosa Junction Business Centre.
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Section 19.3.2.1 further states that the role of the Noosa Junction Business Centre “will
change with the development of the Shire Business Centre, the growth in resident population
in the western part of the coastal area of the Shire and the growth in visitor population in the
eastern part. These changes will be gradual and it can be expected that Noosa Junction will
serve:-
· An increased role in servicing visitor populations for the whole of the coastal area of the
Shire, but particularly those within the Noosa Heads and Sunshine Beach areas. As a
consequence, new businesses will establish, which will increase and reinforce the visitor
service role of Noosa Junction
· A continuing role in catering for the local needs of the communities from Peregian Beach
to Noosa Heads. As a consequence, some existing businesses will alter their role to bring
about a more direct focus on local community needs.”
It is generally considered that the proposed nightclub/restaurant is consistent with this intent,
as it will provide a service to both the visitor and local resident populations, which is lacking
in the Noosa Junction Business Centre. The proximity of visitor accommodation generally to
the north and north east of the premises in particular will be served by the proposed nightclub
use. The combination of a restaurant and nightclub use further reinforces the intent of the
designation, which indicates that some existing businesses will alter their role.
3.2 TRANSITIONAL PLANNING SCHEME
The subject site is included in the Commercial A Zone of the Planning Scheme, which is
intended as the principal zone in which retailing land uses will be found. Retail functions in
this zone range from local or neighbourhood centres to regional shopping centres. This site
forms part of the Noosa Junction Business Centre.
The Table of Zones identifies Nightclubs as a Column 4 use, whereby development is to
follow impact assessment. The applicant submits that given the significance of the Noosa
Junction Business Centre, the range of existing uses in the centre and the sites proximity to
higher density tourist accommodation, the use is considered consistent with the intent of the
Commercial A Zone and suitable in the location. This notion is supported.
3.3 AMENITY/NOISE
The proposed nightclub use will be carried out within an existing building. At the initial stage
of application the applicant advised that when nightclub operations commence, all external
doors to the premises will be closed, and a new ‘airlock” is to be installed at the nightclub
entrance, which will assist in controlling noise emissions at patron access and egress. This
access point will provide the only external entry/exit and the applicant submits that it will
assist in maintaining all internal noise within the nightclub. It was further advised that the
sound system and stage area will face internally and noise limiters will be installed on the
sound system to ensure that noise volumes comply with the requirements of the Environmental
Protection Act.
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Council’s Environmental Health Section also advise that some internal noise insulation
measures have already been carried out to assist in noise mitigation, such as the introduction
of heavy curtains to reduce internal reverberation and insulation to the ceiling cavity.
Nevertheless, a further Noise Exposure Forecast Plan was requested to address additional
noise issues directly associated with the operations of the nightclub. Also requested was a
Management Strategy addressing patron dispersal following close of premises, measures
proposed to ensure surrounding streets are maintained in a hygienic manner (i.e. undertaken
on close of premises/prior to normal business hours), and how the applicant proposes to
ensure that the outdoor terrace area will not be utilised following the closure of the restaurant
for the evening.
In response, the applicant provided an Acoustic Report, with revisions made following
Council requests, forwarded to David Moore & Associates (Acoustic Consultants) for
assessment, and a Management Strategy, provided at Attachment 3. It is generally
considered that the Management Strategy satisfies the issues raised above, particularly with
regard to ensuring that patrons leave the premises in an orderly manner. Further to the
Management Strategy, Staff have requested an 11pm closure of all outdoor
eating/entertainment areas, which is considered an improvement to the existing situation (i.e.
currently a 12pm closure of the restaurant usage is imposed, including the outdoor terrace
area). The applicant has advised that an 11pm closure of the restaurant will be enforced,
when nightclub operations will commence and doors will close.
David Moore & Associates provided a thorough assessment of the submitted acoustic report,
upon which Council’s Environmental Health Section have prepared conditions addressing
noise concerns. It is considered that these conditions satisfactorily address noise concerns.
3.4 CARPARKING
The area to be used for nightclub purposes (i.e. the premises excluding the outdoor terrace
area) has an existing restaurant approval for a total use area of approximately 200m2.
Carparking is assessed at a rate of 1 space per 15m2 of total use area for a restaurant.
Therefore 14 carspaces have already been allocated to the premises. In addition, the proposal
incorporates an expanded office and storeroom area of approximately 15-20m2, previously
approved as office area. As such carparking has already been allocated to this area.
Noosa Junction Plaza currently accommodates 200 carparking spaces, however only requires
197 carspaces under existing approvals (i.e. for a shopping centre). As such a surplus of 3
carspaces exists, and could be attributed to the nightclub use.
Pursuant to the above, it would appear that a carparking credit of 17 carspaces could be
attributed to the nightclub. Carparking requirements for a nightclub use is assessed at a rate
of 1 space per 5m2 or part thereof of bar, seating, standing, dining and dance floor areas.
Approximately 170m2 of the premises are used for these purposes. This area would require a
carparking provision of 34 spaces.
Given that the premises are located within a fully developed shopping centre, provision of
additional carparking is not possible. The applicant has therefore requested a relaxation of 17
carspaces. The applicant has submitted the following grounds for the relaxation:
· The premises is part of Noosa Junction Plaza Shopping Centre which contains 200
undercover carparks;
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· Noosa Junction Plaza operating times area 8am to 9pm Monday to Friday, 8am to
5.30pm Saturday and 10.30am to 4pm Sunday. The proposed nightclub use will operate
predominantly outside these operating times;
· While the centre is open until 9pm Monday to Friday, only the supermarket (Franklins)
and a small number of shops (eg. Chemist and Bottle shop) open past standard business
closing time of 5.30pm;
· We understand that at least 50% of the carpark would generally be unoccupied between
5.30pm and 9pm. Following closure of the centre at 9pm the carpark is largely
unoccupied.
· Adequate carparking credits/provision exist for use of the premises as a restaurant/bar for
lunch and dinner trading. It is only after dinner trading when nightclub activities
commence. At this time the centre is closed and the carpark is largely unoccupied.
· The majority of patrons to nightclubs no longer drive, due to increased awareness of
drink driving dangers. The Planning Scheme carparking requirements for nightclubs do
not reflect this changed trend.
· The premises are located within the predominant tourist area of the Shire. Most
tourists/visitors are unlikely to drive to the premises.
The applicant’s submission is justified. Given that the applicant has indicated an 11pm
cessation of food services (i.e. restaurant usage), when the nightclub use would commence,
carparking for the nightclub use is only necessitated after this time. All other businesses
within the centre cease operation prior to this time.
The applicant further submits that arrangements have been made with centre management of
Noosa Junction Plaza for unlimited use of the carpark. In terms of safety, it is advised that the
centre provides 2 rows of carparking facing onto Noosa Drive to have lighting on every night
until 4am (1 hour after close of the premises), when lighting is turned off by automatic timer.
Direct access to the carpark is available from the terrace of the premises adjacent to the only
access/egress point to guarantee safe and secure parking. Exterior building lighting along with
street lighting along Noosa Drive further ensures a safe and secure route to the carpark. It is
considered appropriate to impose a condition requiring that that access to on site carparking is
available until close of business.
3.5 TOILETS
Toilets for staff and customers currently exist within the shopping centre. Attachment 2 is
indicative of the location of the toilets and demonstrates guaranteed and safe access provision.
This access is currently in place to service the restaurant usage. Council’s Environmental
Health Section advises that the number of toilet facilities comply with the provisions of the
Food Code.
The applicant advises that access to the remainder of the shopping centre is restricted by the
existence of a set of double gates further along the corridor by the toilet. The applicant
advises that these gates are closed upon cessation of operation of the other businesses within
the complex, and an alarm set for the remainder of the complex. However, it is considered
appropriate to impose a condition of approval ensuring that these facilities shall only be
accessed directly from the restaurant/nightclub premises via an existing corridor adjacent to
the storage rooms, and that access to the remainder of the shopping centre be prohibited.
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4 CONCLUSION
The proposed nightclub use does not conflict with the intent of the Strategic Plan or the
Planning Scheme. It merely seeks a cabaret licence to permit amplified music for
entertainment purposes. Noise emanating from the premises will comply with both the
requirements of the Liquor Act and the Environmental Protection (Noise) Policy 1997, and it
is therefore considered that the use is unlikely to adversely affect the amenity of surrounding
residents and commercial ventures. Furthermore, sufficient carparking exists on site to
accommodate the nightclub use during its proposed hours of operation.
The proposed nightclub use is considered suitable for the location and will complement the
existing restaurant approval.
RECOMMENDATION
With regard to 20841 DA (Irish Murphys Pty Ltd) for a Material Change of Use of Premises
for a Nightclub at 81 Noosa Drive, Noosa Heads described as Lot 1 on RP 206645, Parish of
Weyba, County of March, Council approve the application and grant a Development Permit,
subject to the following conditions:-
Environmental Health
1. Noise control measures to prevent noise nuisance to any residential premises are to be
in accordance with the following requirements -
1.1 General compliance with the Consultant’s Report, Craig Hill Acoustics dated April
2001.
1.2 Amplified music volume not to exceed a maximum sound pressure level of 100 dB(C)
at anytime when measured at 3 metres from any speaker.
1.3 When amplified entertainment is provided with a volume greater than 75 dB(C) when
measured at 3 metres from any speaker, all windows and doors must be closed and
patron access/egress only permitted via the sound lock.
1.4 No external amplified entertainment or external speakers are permitted.
1.5 Upgrading of premises to include the following:
1.5.1 Provision of a sound lock for access/egress of patrons.
1.5.2 Stage area to be enclosed on three sides with speakers facing inwards.
1.5.3 Provision of heavy curtains to all glazed walling.
1.5.4 Provision of ceiling insulation.
1.5.5 Provision of compression limiter to the sound system to enable identification of sound
pressure level and compliance with the requirements of condition 1.2.
1.6 Maintain Noise Management Plan as detailed in Consultant’s Report, Section 10.2, with
Council’s Environmental Health Officers being permitted access to the logbook at
anytime.
1.7 Provision of mechanical ventilation in accordance with the Building Code of Australia
and any requirements of Council’s Building Services Manager, to meet the noise control
measures of closing all doors and windows. Such mechanical ventilation must comply
with Australian Standard 1968.2 - 1991 and have a minimum outdoor air flow rate of 20
litres/second/person at the maximum permitted occupancy rate.
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Land Use
2. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are numbered sk01 prepared by
Tony Purse Architect and dated Jan 2001 and as may be amended by these conditions.
3. The development must be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting nuisance or other emissions.
4. Access to the nightclub is to be available only from the ‘airlock’ door. All other
external entry/egress points are not to be used by patrons after 11pm to 3am.
5. The hours of operation of the nightclub will be from close of food service at 11pm until
3am daily. Upon close of food service, use of the outdoor terrace area by patrons shall
cease.
6. Direct access to the carpark provided on the lower level of the Noosa Junction Plaza is
to available from the terrace of the premises at all times, to guarantee safe and secure
parking. Should lighting of this accessway not be adequate to ensure safety of patrons,
the lighting shall be improved to a satisfactory standard to the satisfaction of Council.
7. Lights in the carpark area are to be maintained until 4am to ensure security for patrons
leaving the premises after closure.
8. Carparking is to be available for the operation of the nightclub use at all times and is to
comprise 14 existing carspaces for the restaurant plus 3 additional carspaces.
9. Access to toilet facilities for staff and customers shall be available directly from the
nightclub premises as shown on plan sk01, prepared by Tony Purse Architect and dated
Jan 2001. A gate shall be provided within the vicinity of the toilet facilities to prevent
access by patrons to the remainder of the shopping complex.
10. The following items of the Management Strategy submitted by the applicant must be
adhered to at all times:
· Irish Murphy’s employ Security Personnel up until one hour after the premises
cease to trade to ensure the quiet and orderly dispersal of patrons;
· Inspection to ensure the cleanliness of the area surrounding the premises will be
undertaken nightly at close and again the following morning prior to opening.
Security personnel will ensure that any litter or unsanitary matter is cleaned up
before the premises is locked for the night. The cleaner is also instructed to ensure
all areas surrounding the premises are checked first thing each morning.
Management staff are also instructed that the general presentation of the exterior of
the premises requires consistent monitoring;
· Consumption of alcohol will not be permitted on the terrace area after the restaurant
closes and diners have finished their meals. At the commencement of the nightclub
use, all external doors will be closed. The only point of ingress/egress to the
premises will be via a single doorway with an internal airlock. Security personnel
and management staff will ensure patrons do not exit the premises with alcohol
and/or consume alcohol on the terrace after close of food service.
11. Any advertising sign or device is to comply with the provisions of Council's policies on
advertising.
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12. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must
be submitted, to secure performance of all conditions of this approval, prior to the
operation of the Nightclub. The cash bond or trading bank guarantee will be returned on
performance of the conditions of approval less any costs incurred by Council in respect
of enforcing performance of this permit.
13. This Development Permit for a material change of use of premises lapses if:-
13.1 the use or erection of a building or other structure associated with the use, has not been
commenced within four (4) years of the date of issue of the Development Permit, unless
application is made and approved by Council for an extension; or
13.2 the use of any premises pursuant to the Development Permit ceases.
Advice
1. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their
responsibilities under the Disabled Discrimination Act (DDA) in regard to the
installation of disabled access and the provision of disabled facilities, and that access to
this building and the provision of sanitary facilities may need to comply with the
requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
Australia.
Directorates/Sections Consulted:
Business Corporate Services X Community Services X Environ & Planning
Aquatic Centre Financial Services Art Gallery X Building Services
Building Certific.Group Information Services Enterprise Group Environmental Services
Child Care Centre Legal Services X Environmental Health Land Development
Council Laboratory Planning & Support Library X Land Use
Leisure Centre Revenue Services Public Order and Safety Plumbing Services
Water & Sewerage Recreational Services Strategic Planning
Respite Centre
Works Human Resources Exec. & Secretariat
Design
Survey
Works Administration
Works Implementation
Works Planning
Works Support
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Page 12
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Noosa Council documents
Form 6 – Compiled Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 20841 DA Date of Decision: 1 August 2007
1. APPLICANT DETAILS
Name: Irish Murphy's Pty Ltd
Postal address: CARE Liquor & Gaming Specialists
30 Prospect Street
FORTITUDE VALLEY QLD 4006
Phone no: 3252 4066 Fax no: 3252 1466 Mobile:
2. PROPERTY DESCRIPTION
Street address: 81 Noosa Drive
Suburb/locality NOOSA HEADS
Real property Lot 1 RP 206645 Parish Weyba, County March
description:
3. OWNER DETAILS
Name: Foodland Properties Pty Ltd
Postal address: PO Box 1014, Noosa Heads QLD Postcode: 4567
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Nightclub NO YES
6. DECISION DETAILS
Council on 6 September 2001 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to a request to change the existing approval, Council on 1 August 2007 decide to:
A. Agree to change to Conditions 1.3 and 1.4
B. Amend Condition 5
C. Issue a Compiled Decision Notice
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2
8. SUBMISSIONS
Fourteen (14) properly made submissions were received.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Building Works Nightclub
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Shire Council Signature: Date: 6/08/07
DECISION NOTICE HISTORY
Original Decision Notice 6 September 2001.
Minor Change to the approval with amendments
to Conditions 1.3, 1.4 & 5.
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Environmental Health
1. Noise control measures to prevent noise nuisance to any residential premises are to be in accordance
with the following requirements -
1.1 General compliance with the Consultant’s Report, Craig Hill Acoustics dated April 2001.
1.2 Amplified music volume not to exceed a maximum sound pressure level of 100 dB(C) at anytime
when measured at 3 metres from any speaker.
1.3 When amplified entertainment is provided with a volume greater than 85 dB(C) when measured at
3 metres from any speaker, all windows and doors must be closed and patron access/egress only
permitted via the sound lock.
1.4 Amplified entertainment provided on the outdoor area shall not exceed a volume greater than
70dB(C) when measured at 3 metres from any speakers. Outdoor speakers must face towards the
premises.
1.5 Upgrading of premises to include the following:
1.5.1 Provision of a sound lock for access/egress of patrons.
1.5.2 Stage area to be enclosed on three sides with speakers facing inwards.
1.5.3 Provision of heavy curtains to all glazed walling.
1.5.4 Provision of acoustic ceiling insulation.
1.5.5 Provision of compression limiter to the sound system to enable identification of sound
pressure level and compliance with the requirements of condition 1.2.
1.6 Maintain Noise Management Plan as detailed in Consultant’s Report, Section 10.2, with Council’s
Environmental Health Officers being permitted access to the logbook at anytime.
1.7 Provision of mechanical ventilation in accordance with the Building Code of Australia and any
requirements of Council’s Building Services Manager, to meet the noise control measures of
closing all doors and windows. Such mechanical ventilation must comply with Australian Standard
1968.2 - 1991 and have a minimum outdoor air flow rate of 20 litres/second/person at the
maximum permitted occupancy rate.
Land Use
2. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are numbered sk01 prepared by Tony Purse Architect and dated Jan
2001 and as may be amended by these conditions.
3. The development must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
emissions.
4. Access to the nightclub is to be available only from the ‘airlock’ door. All other external entry/egress
points are not to be used by patrons after 11pm to 3am.
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NOOSA COUNCIL IDAS Development Application Decision Notice 4
5. General use of the outdoor terrace area shall be limited to:
11pm on Sunday to Thursday; &
12 Midnight on Friday and Saturday
After which the area shall be used as a Designated Smoking Area only.
6. Direct access to the carpark provided on the lower level of the Noosa Junction Plaza is to available from
the terrace of the premises at all times, to guarantee safe and secure parking. Should lighting of this
accessway not be adequate to ensure safety of patrons, the lighting shall be improved to a satisfactory
standard to the satisfaction of Council.
7. Lights in the carpark area are to be maintained until 4am to ensure security for patrons leaving the
premises after closure.
8. Carparking is to be available for the operation of the nightclub use at all times and is to comprise 14
existing carspaces for the restaurant plus 3 additional carspaces.
9. Access to toilet facilities for staff and customers shall be available directly from the nightclub premises as
shown on plan sk01, prepared by Tony Purse Architect and dated Jan 2001. A gate shall be provided
within the vicinity of the toilet facilities to prevent access by patrons to the remainder of the shopping
complex.
10. The following items of the Management Strategy submitted by the applicant must be adhered to at all
times:
· Irish Murphy’s employ Security Personnel up until one hour after the premises cease to trade to
ensure the quiet and orderly dispersal of patrons;
· Inspection to ensure the cleanliness of the area surrounding the premises will be undertaken nightly
at close and again the following morning prior to opening. Security personnel will ensure that any
litter or unsanitary matter is cleaned up before the premises is locked for the night. The cleaner is
also instructed to ensure all areas surrounding the premises are checked first thing each morning.
Management staff are also instructed that the general presentation of the exterior of the premises
requires consistent monitoring;
· Consumption of alcohol will not be permitted on the terrace area after the restaurant closes and
diners have finished their meals. At the commencement of the nightclub use, all external doors will
be closed. The only point of ingress/egress to the premises will be via a single doorway with an
internal airlock. Security personnel and management staff will ensure patrons do not exit the
premises with alcohol and/or consume alcohol on the terrace after close of food service.
11. Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
12. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must be submitted, to
secure performance of all conditions of this approval, prior to the operation of the Nightclub. The cash
bond or trading bank guarantee will be returned on performance of the conditions of approval and after a
satisfactory 12 months performance period, less any costs incurred by Council in respect of enforcing
performance of this permit.
13. This Development Permit for a material change of use of premises lapses if:-
13.1 the use or erection of a building or other structure associated with the use, has not been
commenced within four (4) years of the date of issue of the Development Permit, unless
application is made and approved by Council for an extension; or
13.2 the use of any premises pursuant to the Development Permit ceases.
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Noosa Council documents
Form 6 – Compiled Decision Notice
INTEGRATED PLANNING ACT 1997, S3.5.15, IDAS DEVELOPMENT APPLICATION
File No: 20841 DA Date of Decision: 1 August 2007
1. APPLICANT DETAILS
Name: Irish Murphy's Pty Ltd
Postal address: CARE Liquor & Gaming Specialists
30 Prospect Street
FORTITUDE VALLEY QLD 4006
Phone no: 3252 4066 Fax no: 3252 1466 Mobile:
2. PROPERTY DESCRIPTION
Street address: 81 Noosa Drive
Suburb/locality NOOSA HEADS
Real property Lot 1 RP 206645 Parish Weyba, County March
description:
3. OWNER DETAILS
Name: Foodland Properties Pty Ltd
Postal address: PO Box 1014, Noosa Heads QLD Postcode: 4567
4. REFERRAL AGENCIES
Referral Agency Address Basis
Nil
5. APPLICATION TYPE
Development Development Details Preliminary Development
Approval Permit
Material Change of Use Nightclub NO YES
6. DECISION DETAILS
Council on 6 September 2001 decided to approve the application and grant a Development Permit, subject to
conditions.
In relation to a request to change the existing approval, Council on 1 August 2007 decide to:
A. Agree to change to Conditions 1.3 and 1.4
B. Amend Condition 5
C. Issue a Compiled Decision Notice
7. APPLICABLE CODES
The developer must comply with the following codes for self-assessable development related to the development
approved under this Development Permit:-
Not applicable.
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NOOSA COUNCIL IDAS Development Application Decision Notice 2
8. SUBMISSIONS
Fourteen (14) properly made submissions were received.
9. CONDITIONS
The approval is subject to conditions. Noosa Council’s conditions are attached.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Type of Development Permit required Subject of the required Development Permit
Building Works Nightclub
11. RIGHTS OF APPEAL
Rights of appeal in relation to this application are attached.
12. ASSESSMENT MANAGER
Name: Noosa Shire Council Signature: Date: 6/08/07
DECISION NOTICE HISTORY
Original Decision Notice 6 September 2001.
Minor Change to the approval with amendments
to Conditions 1.3, 1.4 & 5.
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NOOSA COUNCIL IDAS Development Application Decision Notice 3
Noosa Council Conditions
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Environmental Health
1. Noise control measures to prevent noise nuisance to any residential premises are to be in accordance
with the following requirements -
1.1 General compliance with the Consultant’s Report, Craig Hill Acoustics dated April 2001.
1.2 Amplified music volume not to exceed a maximum sound pressure level of 100 dB(C) at anytime
when measured at 3 metres from any speaker.
1.3 When amplified entertainment is provided with a volume greater than 85 dB(C) when measured at
3 metres from any speaker, all windows and doors must be closed and patron access/egress only
permitted via the sound lock.
1.4 Amplified entertainment provided on the outdoor area shall not exceed a volume greater than
70dB(C) when measured at 3 metres from any speakers. Outdoor speakers must face towards the
premises.
1.5 Upgrading of premises to include the following:
1.5.1 Provision of a sound lock for access/egress of patrons.
1.5.2 Stage area to be enclosed on three sides with speakers facing inwards.
1.5.3 Provision of heavy curtains to all glazed walling.
1.5.4 Provision of acoustic ceiling insulation.
1.5.5 Provision of compression limiter to the sound system to enable identification of sound
pressure level and compliance with the requirements of condition 1.2.
1.6 Maintain Noise Management Plan as detailed in Consultant’s Report, Section 10.2, with Council’s
Environmental Health Officers being permitted access to the logbook at anytime.
1.7 Provision of mechanical ventilation in accordance with the Building Code of Australia and any
requirements of Council’s Building Services Manager, to meet the noise control measures of
closing all doors and windows. Such mechanical ventilation must comply with Australian Standard
1968.2 - 1991 and have a minimum outdoor air flow rate of 20 litres/second/person at the
maximum permitted occupancy rate.
Land Use
2. Development undertaken in accordance with this approval must generally comply with the approved plans
of development. The approved plans are numbered sk01 prepared by Tony Purse Architect and dated Jan
2001 and as may be amended by these conditions.
3. The development must be undertaken and operated in a manner that causes no detrimental effect upon
the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other
emissions.
4. Access to the nightclub is to be available only from the ‘airlock’ door. All other external entry/egress
points are not to be used by patrons after 11pm to 3am.
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NOOSA COUNCIL IDAS Development Application Decision Notice 4
5. General use of the outdoor terrace area shall be limited to:
11pm on Sunday to Thursday; &
12 Midnight on Friday and Saturday
After which the area shall be used as a Designated Smoking Area only.
6. Direct access to the carpark provided on the lower level of the Noosa Junction Plaza is to available from
the terrace of the premises at all times, to guarantee safe and secure parking. Should lighting of this
accessway not be adequate to ensure safety of patrons, the lighting shall be improved to a satisfactory
standard to the satisfaction of Council.
7. Lights in the carpark area are to be maintained until 4am to ensure security for patrons leaving the
premises after closure.
8. Carparking is to be available for the operation of the nightclub use at all times and is to comprise 14
existing carspaces for the restaurant plus 3 additional carspaces.
9. Access to toilet facilities for staff and customers shall be available directly from the nightclub premises as
shown on plan sk01, prepared by Tony Purse Architect and dated Jan 2001. A gate shall be provided
within the vicinity of the toilet facilities to prevent access by patrons to the remainder of the shopping
complex.
10. The following items of the Management Strategy submitted by the applicant must be adhered to at all
times:
· Irish Murphy’s employ Security Personnel up until one hour after the premises cease to trade to
ensure the quiet and orderly dispersal of patrons;
· Inspection to ensure the cleanliness of the area surrounding the premises will be undertaken nightly
at close and again the following morning prior to opening. Security personnel will ensure that any
litter or unsanitary matter is cleaned up before the premises is locked for the night. The cleaner is
also instructed to ensure all areas surrounding the premises are checked first thing each morning.
Management staff are also instructed that the general presentation of the exterior of the premises
requires consistent monitoring;
· Consumption of alcohol will not be permitted on the terrace area after the restaurant closes and
diners have finished their meals. At the commencement of the nightclub use, all external doors will
be closed. The only point of ingress/egress to the premises will be via a single doorway with an
internal airlock. Security personnel and management staff will ensure patrons do not exit the
premises with alcohol and/or consume alcohol on the terrace after close of food service.
11. Any advertising sign or device is to comply with the provisions of Council's policies on advertising.
12. Security in the form of a cash bond or trading bank guarantee to the sum of $5000 must be submitted, to
secure performance of all conditions of this approval, prior to the operation of the Nightclub. The cash
bond or trading bank guarantee will be returned on performance of the conditions of approval and after a
satisfactory 12 months performance period, less any costs incurred by Council in respect of enforcing
performance of this permit.
13. This Development Permit for a material change of use of premises lapses if:-
13.1 the use or erection of a building or other structure associated with the use, has not been
commenced within four (4) years of the date of issue of the Development Permit, unless
application is made and approved by Council for an extension; or
13.2 the use of any premises pursuant to the Development Permit ceases.
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NOOSA COUNCIL IDAS Development Application Decision Notice 5
Local Laws, Policies & State Regulation
Requirements
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
Advice
1. We advise ‘interested parties’ i.e. ‘developer’, ‘owner’, ‘tenant’ to consider their responsibilities under the
Disabled Discrimination Act (DDA) in regard to the installation of disabled access and the provision of
disabled facilities, and that access to this building and the provision of sanitary facilities may need to
comply with the requirements of Section D Part D3 and Section F Clause F2.4 of the Building Code of
Australia.
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NOOSA COUNCIL IDAS Development Application Decision Notice 6
Appeal Rights
INTEGRATED PLANNING ACT 1997, IDAS DEVELOPMENT APPLICATION
The following is an extract from the Integrated (5) If an application is processed under section
Planning Act (Chapter 4). 6.1.28(2), appeal rights for submitters for the
application are available only for the aspects of the
Division 8 - Appeals to court relating to development that would have required public
development applications notification under the repealed Act.
Appeals by applicants (6) If an application involves assessment against
4.1.27.(1) An applicant for a development application a concurrence agency code, appeal rights for
may appeal to the court against any of the following- submitters for the application are not available
against the part of the approval that represents the
(a) the refusal, or the refusal in part, of a concurrence agency’s response for the code.
development application;
Appeals by advice agency submitters
(b) a matter stated in a development approval,
including any condition applying to the 4.1.29.(1) An advice agency may, within the limits of
development, and the identification of a code its jurisdiction, appeal to the court about the giving of
under section 3.1.6;1 a development approval for a development
application if-
(c) the decision to give a preliminary approval when a
development permit was applied for; (a) the development application involves impact
assessment; and
(d) the length of a currency period;
(b) the advice agency told the applicant and the
(e) a deemed refusal. assessment manager to treat its response to the
application as a submission for an appeal.
(2) An appeal under subsection (1)(a) to (d) must
be started within 20 business days (the “applicant’s (2) The appeal must be started within 20 business
appeal period”) after the day the decision notice or days after the day the decision notice or negotiated
negotiated decision notice is given to the applicant. decision notice is given to the advice agency as a
submitter.
(3) An appeal under subsection (1)(e) may be
started at any time after the last day a decision on the Appeals for matters arising after approval given
matter should have been made. (co-respondents)
Appeals by submitters 4.1.30.(1) For a development approval given for a
development application, a person to whom any of
4.1.28.(1) A submitter for a development application
the following notices have been given may appeal to
may appeal to the court about-
the court against the decision in the notice-
(a) the giving of a development approval, including
(a) a notice giving a decision on a request for
any conditions (or lack of conditions) or other
extension of the currency period for an approval;
provisions of the approval; or
(b) a notice giving a decision on a request to make a
(b) the length of a currency period for the approval.
minor change to an approval.
(2) The appeal must be started within 20 business
(2) The appeal must be started within 20 business
days (the “submitters appeal period”) after the day days after the day the notice of the decision is given
the decision notice or negotiated decision notice is to the person.
given to the submitter.
(3) Subsection (1)(a) does not apply if the
(3) If a person withdraws a submission before the approval resulted from a development application
application is decided, the person may not appeal the (superseded planning scheme) that was assessed as
decision. if it were an application under a superseded planning
(4) If an application involves both impact scheme.
assessment and code assessment, appeal rights for (4) Also, a person who has made a request
submitters are available only for the part of the mentioned in subsection (1) may appeal to the court
application involving impact assessment. against a deemed refusal of the request.
(5) An appeal under subsection (4) may be
started at any time after the last day the decision on
the matter should have been made.
1
Section 3.1.6 (Preliminary approval may override local planning
instrument)
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NOOSA COUNCIL IDAS Development Application Decision Notice 7
Division 9 - Appeals to court about other matters
Appeals for matters arising after approval given
(no co-respondents)
4.1.31.(1) A person to whom any of the following
notices have been given may appeal to the court
against the decision in the notice-
(a) a notice giving a decision on a request to change
or cancel a condition of a development approval.
(b) a notice under section 6.1.442 giving a decision to
change or cancel a condition of a development
approval.
(2) The appeal must be started within 20 business
days after the day the notice of the decision is given
to the person.
(3) Also, a person who has made a request
mentioned in subsection (1)(a) may appeal to the
court against a deemed refusal of the request.
(4) An appeal under subsection (3) may be
started at any time after the last day the decision on
the matter should have been made.
Appeals against decisions to change approval
conditions under the repealed Act
4.1.33A.(1) A person who is dissatisfied with a
decision made on an application to change the
conditions attached to an approval given under
section 2.19(3)or section 4.4 of the repealed Act may
appeal to the court against-
(a) the decision; or
(b) a deemed refusal of the application.
(2) An appeal under subsection (1)(a) must be
started within 20 business days after the day notice of
the decision is to be given to the person.
(3) An appeal under subsection (1)(b) may be
started at any time after the last day a decision on the
matter should have been made.
Appeals against local laws
4.1.33B.(1) An applicant who is dissatisfied with a
decision of a local government or the conditions
applied under a local law about the use of premises
or the erection of a building or other structure
permitted by the planning scheme may appeal to the
court against the decision or the conditions applied.
(2) The appeal must be started within 20 business
days after the day notice of the decision is given to
the applicant.
2
Section 6.1.44 (Conditions may be changed or cancelled by
assessment manager or concurrence agency in certain
circumstances)
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<. NOOSA DRIVE (81), NOOSA HEADS – CHANGE TO CONDITIONS OF APPROVAL –
NIGHTCLUB – 20841DA (NC)
REPORT BY: Planning Officer – Nick Cooper
FILE: 20841 DA
APPLICANT: Irish Murphys Pty Ltd
OWNER: Food Land Properties Pty Ltd
SITE: 81 Noosa Drive, Noosa Heads described as Lot 1 on
RP 206645 Parish of Weyba County of March
AREA: 310m²
DEVELOPMENT Material Change of Use of Premises - Nightclub
APPROVAL:
REFERRAL AGENCY: Nil
PROPOSAL: Change to Conditions 1.3, 1.4 & 5
DATE OF APPROVAL: 6 September 2001
ZONE: Business Centre
FEES PAID: $685
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Noosa Council documents
< (Insert Body of Report
RECOMMENDATION
<
(Index Application 20841 DA – PO6 (Action Officer))
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Page 26
. G STRATEGIC STRATEGIC SOLUTIONS, CREATIVE THINKING rgstrategic.com.au