Further Report – MCU18/0102 Request For Negotiated Decision For Visitor Accommodation Type 4 Conventional (122 Beds) At 14-16 Mary St Noosaville

further report – mcu18/0102 request for negotiated decision for visitor accommodation type 4 conventional (122 beds) at 14-16 mary st noosaville

Document information

Author	Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development

Index	ECM/ Application/ MCU18/0102

Attachments	Nil

EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report to the Planning and Environment Committee dated 12 March 2019 and the further report to the General Committee Meeting dated 18 March 2019 by the Manager Development Assessment regarding a request for a Negotiated Decision Notice for Application No. MCU18/0102 for a development approval for Visitor Accommodation - Type 4 Conventional situated at 14-16 Mary Street, Noosaville and:
A.	Refuse to change conditions 3d and 36 for the following reasons:
1.	Conditions 3d and 36 are required and warranted due to the site’s proximity to residential properties.
2.	Conditions 3d and 36 are required to mitigate noise for nearby residents and complement and support other conditioned noise management strategies for the backpackers.
3.	Condition 36 still permits entertainers and/or speakers to be located internal to the building.
B.	Agree to change to condition 52 as follows:
52.	The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the works shown on drawing number 17699-SK101 Revision A prepared by TOD Engineers and Project Managers dated 17 August 2018, with the inclusion of the following:
The storage tank must have sufficient capacity to cater for the runoff from the driveway in a 5 minute 1%AEP rain event as a minimum.
The basement structures (walls, floors and surfacing) must be constructed of materials suitable for the potential inundation and all service connections must be located a minimum of 300mm above the potential inundation level.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
A report on this request for a Negotiated Decision Notice was considered by the Planning & Environment Committee on 12 March 2019 (refer to page 68 of the Planning & Environment Committee Agenda) and was subsequently referred to the General Committee meeting. During the course of discussions at the committee meeting, Councillors requested that officers prepare an alternative motion to allow entertainers and speakers to be located in the outdoor recreational area around the pool and ensure the noise level is appropriately controlled.
In the circumstances the committee requested a further report be presented to the General Committee meeting.
As advised in the report to the Planning & Environment Committee the applicant’s acoustic report submitted as part of the application did not address or give consideration to potential noise impacts from entertainers and speakers located outside, only advising that there will be no on-site entertainment or formal social events such as parties.  The report therefore does not include any proposed measures to address potential noise impacts from entertainers or amplified music from speakers.
Officers have subsequently discussed the matter further with Council’s acoustic consultant (MWA Environmental) who advise that entertainers and speakers located outside are highly problematic and difficult to control and ensure noise impacts do not arise for any nearby residents and thus the reason why they have recommended that Council not agree to the requested change.  Notwithstanding this, the consultant has provided advice on an alternative condition should Council wish to permit external speakers for the backpackers.
36.	Speakers located in outdoor areas of the site must be selected to be low power, installed as a distributed speaker system and controlled from a central volume control unit accessible to staff only and fitted with an electronic noise limiter such that speakers do not operate at noise levels which exceed 75 dB(C) at 3 metres from the source at any time.  Speakers must be located and oriented such that they are not be directed towards off-site residential areas.  There is to be no live entertainment on site.
In this regard, it should be noted the applicant has advised that they do not intend to have entertainers on site and would accept a condition prohibiting entertainers on site.  The applicant has also advised that the speakers are intended to provide low level background music around the pool area.
Staff have considered the issues raised by Councillors, but confirm the previous recommendation. 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.
Requested Motion
That Council note the report to the Planning and Environment Committee dated 12 March 2019 and the further report to the General Committee Meeting dated 18 March 2019 by the Manager Development Assessment regarding a request for a Negotiated Decision Notice for Application No. MCU18/0102 for a development approval for Visitor Accommodation - Type 4 Conventional situated at 14-16 Mary Street, Noosaville and:
A.	Refuse to change condition 3d for the following reasons:
1.	Conditions 3d and 36 are required and warranted due to the site’s proximity to residential properties.
2.	Conditions 3d and 36 are required to mitigate noise for nearby residents and complement and support other conditioned noise management strategies for the backpackers.
B.	Agree to change conditions 36 & 52 as follows:
36.	Speakers located in outdoor areas of the site must be selected to be low power, installed as a distributed speaker system and controlled from a central volume control unit accessible to staff only and fitted with an electronic noise limiter such that speakers do not operate at noise levels which exceed 75 dB(C) at 3 metres from the source at any time.  Speakers must be located and oriented such that they are not be directed towards off-site residential areas.  There is to be no live entertainment on site.
52.	The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the works shown on drawing number 17699-SK101 Revision A prepared by TOD Engineers and Project Managers dated 17 August 2018, with the inclusion of the following:
The storage tank must have sufficient capacity to cater for the runoff from the driveway in a 5 minute 1%AEP rain event as a minimum.
The basement structures (walls, floors and surfacing) must be constructed of materials suitable for the potential inundation and all service connections must be located a minimum of 300mm above the potential inundation level.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Consultation
External Consultation - Community & Stakeholder
MWA Environmental

Internal Consultation

Departments/Sections Consulted:

	Chief Executive Officer	x	Community Services		Corporate Services
	Executive Officer		Director		Director
	Executive Support		Community Development		Financial Services
			Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services		Environment & Sustainable Development		Infrastructure Services
	Director		Director		Director
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 3 of 3

[word/header1.xml]
3

[word/header2.xml]
GENERAL COMMITTEE MEETING REPORT	18 MARCH 2019