2019-03-21 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                               21 MARCH 2019


REPORT
A report on this request for a Negotiated Decision Notice was considered by the Planning &
Environment Committee on 12 March 2019 and was subsequently referred to the General
Committee meeting, as Councillors requested that Officers prepare alternative motion to allow
speakers to be located in the outdoor recreation area.
At the General Committee meeting Officers advised Councillors that the applicant had requested the
matter be deferred to the Ordinary meeting, in light of the requested motion and the requirement for
an electronic noise limiter for the outdoor speakers, to allow additional representations to be made
to other conditioned noise requirements.
In the circumstances the Committee agreed to the request to allow further discussions with the
applicant.
The applicant has since submitted representations to conditions 63 and 64. The applicant’s
representations and an assessment of these is set out below:
Conditions 63 & 64
63.   A noise monitoring system must be installed which measures noise levels at the boundary
      adjacent to the nearest residential zoned land.
64.   The on-site receptionist/manager must respond and terminate the relevant noise source
      should the noise levels exceed:
      i.     7am to 6pm = 46 dB(A) LAeq,adj,T;
      ii.    6pm to 10pm = 40 dB(A) LAeq,adj,T;
      iii.   10.00pm to 7.00am = 35 dB(A) LAeq,adj,T
Applicant’s Representation
The applicant submits that the requirements of these conditions are considered excessively onerous
and not realistic in their prescribed limits and requirements and particularly so in view of the proposed
electronic noise limiter for the speakers. The applicant requests the conditions be deleted or if there
is a requirement to set noise limits that they be set at a measurement of 3m from the source as is
the usual manner in which noise levels are set.
Assessment of Representation
The applicant’s representations to these conditions are generally agreed with as the conditions were
not recommended by officers, are considered onerous and not warranted for this type of use.
Council’s acoustic consultant for the matter advises that these conditions are not required or typically
applied to a backpackers, with such conditions most often used for an outdoor music venue or large
scale industrial use such a quarry with a crushing plant. He said the conditions are not practically
workable in their intent as the noise monitoring system would need to be monitored/manned at all
times to identify the noise source that exceeds the set levels. Condition 64 also does not clearly
address the actions required if guest noise exceeds the set levels.
Council’s acoustic consultant considers that to appropriately manage noise levels for the
backpackers, there should be no entertainers or speakers permitted outside or as outlined in the
further report to the General Committee meeting require the installation of an electronic noise limiter
for the speakers and prohibit entertainers. He also recommends that condition 64 be amended to
set some overall noise limits and in this regard considers the noise limits included currently in
condition 64 to be appropriate. Notably these noise limits were also those included in the applicant’s
acoustic noise report.
It is therefore recommended that condition 63 be deleted and condition 64 be amended in line with
the recommendations of Council’s acoustic consultant. As previously advised though should Council
wish to agree to the representations in relation to condition 36 and permit speakers to be located
outside to play low level background noise, the requested motion has been drafted for that purpose.


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