2014-06-17 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                    17 JUNE 2014


The Noise Impact Assessment used 60-80 patrons for their assessment; however, the combined
number of patrons that could potentially use the outdoor dining is up to approximately 149
persons. Accordingly, there is potential for more noise to be generated than addressed in the
Noise Impact Assessment.
It is acknowledged that only 1 noise complaint has been submitted to Council. However, it has
come to Councils attention that noise complaints to other government departments have been
received. While a restaurant operator has direct contact with the permanent affected resident,
visitor/tourist amenity should not be discounted or left unconsidered. The intent of the condition
seeks to protect the amenity of visitors and permanent residents alike.
The condition is also consistent with the planning scheme requirements for many areas of Noosa
where commercial uses are located in close proximity to residential uses and not located in the
principle business centres such as the Noosa Junction and is considered a reasonable balance
between restaurant operators and visitor and resident’s needs. Notwithstanding that Rickys may
have enjoyed extended operating hours to midnight previously, this development approval
permits an intensification of outdoor dining in the park, being for 6 restaurants and given patron
noise from the outdoor dining areas is unable to be satisfactorily mitigated, no change is
recommended to the condition.
b)    Community Management Statement
This was an oversight as there is no Community Management Statement for a park owned by the
State and Council as Trustee. It is agreed, this part of the condition be changed to include the
hours of operation in the sub-lease Trustee Lease Agreement with Noosa Council.
Condition 10 – Acoustic Screens
10.   Where the approved use operates later than 10pm in accordance with this Decision Notice,
      temporary acoustic screens (café blinds or the like) must be erected on the sides of the
      dining areas to screen adjacent noise sensitive premises. The acoustic screens must be a
      minimum of 2m high and free from any gaps or openings.
Applicant’s Representation
Concerns are raised with erecting the acoustic screens (café blinds) later than 10pm. It is
indicated in the noise assessment that the screens do little in terms of reducing noise as they
have limited acoustic properties. Furthermore, the mandatory use of the acoustic screens
negatively impacts on the operations as it effectively ‘encloses’ the area approved for outdoor
dining and would reduce the ambience of the associated restaurants. This would be particularly
detrimental during hot summer periods. It is requested the condition be deleted.
Assessment of Representation
The outdoor dining is located within a noise sensitive area and it is the intent of the condition to
help reduce/mitigate noise to maintain the amenity of nearby residential uses after 10pm.
However, it is agreed the acoustic screens have limited acoustic properties and are unlikely to
contribute significantly to mitigating patron noise.




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