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Orange on Sunrise IR Response 20.03.2017
Attached to the e-mail MCU16/0144 - Information Response.
Our Ref: ORA/200317 20th March 2017 The Chief Executive Officer Noosa Council PO Box 141 Tewantin QLD 4565 Via email: [email protected] Attention: Mr Glen Conforti Dear Glen, Response to Information Request – Material Change of Use to establish Retail Business – Type 2 Shop and Salon. 1 Kingsgate Drive, Tinbeerwah Lot 63 on RP200339 In relation to the abovementioned property, on behalf of Margaret McFarland we hereby submit the following information as requested in the Information Request dated 22nd December 2016. Issue - Use Information Required 1 Please provide further discussion justifying the proposal without a general store component. Response The proposed restaurant with take away provisions which excludes a General Store can be justified on two grounds: the lack of demand for a General Store in the Hinterland area, and a high demand for a local restaurant in the Hinterland area. A General Store and Residence was approved for the site in March 1991 (reference #3b-221) and operated on site for many years. Unfortunately, due to a lack of business (demand) the store was converted to a restaurant. As illustrated in Figure 1 below, within a 5km catchment there are numerous large shopping complexes which offer wide range of products, for example Noosa Civic, Noosa Village, Noosa Outlook Village and Tewantin Marketplace. Numerous convenience stores and service stations located within the neighbourhood centres of Tewantin, Noosa Outlook and Noosaville, also offer convenience items for sale.
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The proximity of these larger shopping complexes and convenience stores provide Hinterland
residents with numerous opportunities to get their convenience items from other locations. As
such, a General Store located on the site will not be financially viable as evidenced by the failed
General Store which once operated on site..
Figure 1. 5km Patron Catchment
Source: QLD Globe
Additionally, the store was converted to a restaurant as a response to the overwhelming need
from the Hinterland community for a quality restaurant within close proximity. For in excess of
five years, the restaurant has been operating on site and caters predominantly to the
neighbouring local communities of Tinbeerwah, Doonan, and surrounds. The award winning
restaurant is a favourite of visitors and residents of the Hinterland area and provides an informal
Hinterland dining experience.
Issue – Car Parking
Information Required
2 Provide additional detail that:
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(a) demonstrates that the existing sealed on-site parking area is in accordance with current
standards
(b) defines the number of on-site spaces for staff parking area
(c) defines the number of on-site spaces for the take away food
(d) defines the parking and access for the residential uses
(e) provides additional car spaces on site suitable for the use
Response
(a) The existing carparking arrangements have been constructed in accordance with the
previous decision notice and approved plans.
(b) Refer the attached plan which provides the preferred location of staff parking spaces.
(c) Refer the attached plan for the number of spaces allocated to the business operation.
(d) Refer the attached preliminary plan.
(e) Refer the attached preliminary plan.
Further detail design will be undertaken as part of any Operational Works application.
Information Required
3 Provide preliminary plans that detail:
(a) The works to be undertaken on the informal carparking area within the site and in the
Kingsgate Drive road reserve to reinstate/revegetate the area and the reinstate original
surface levels/drainage patterns.
(b) The works to be undertaken to improve the second access in Kingsgate Drive to be in
accordance with current standards
(c) The works to be undertaken to improve the informal access in Sunrise Road
(d) The location/extent and formation of the staff parking area, and
(e) The areas for the take away customers
(f) Additional car parking on site for diners.
Response
(a) Works will be undertaken within Kingsgate Drive to reinstate as required within an OPW
application.
(b) As required within an OPW application.
(c) There is no proposal to provide access from Sunrise Road, the preferred access location as
proposed by the applicant is from Kingsgate Drive.
(d) As required with an OPW application.
(e) Refer the attached preliminary plan.
(f) Refer the attached preliminary plan.
Further detail design will be undertaken as part of any Operational Works application.
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Issue – Noise
Information Required
4 An amended acoustic report prepared by a suitably qualified person should be submitted to
Council addressing the following:
(a) an alternative car park area for patrons/take away patrons/staff that would lessen the
impact of car parking and patron noise on the affected residential area(s) and the acoustic
treatment of any alternative car parking area.
(b) alternatives to the removal of chairs/tables from the veranda and closing the dining area
windows on the Kingsgate Drive frontage during patron usage. Alternatives may include (but
not limited to) –
(i) appropriate acoustic treatment of the building and any outside eating areas to contain
patron noise such as enclosure of veranda areas etc
(ii) fixing of windows and openings and installing mechanical ventilation
(iii) relocation of dining areas etc
(iv) predicted intrusive noise levels following alternative acoustic treatments etc.
Response
The Acoustic Report prepared by RoadPro as submitted in the Planning Report identified the
following in the executive summary:
Noise measurements were carried out over the course of an operating week (Wednesday through
Sunday) with a noise logger close to the nearest adjoining neighbour, supplemented with detailed
attended noise measurements.
The number of dining-in patrons during the noise measurements was up to 14, however the
proposed use of the site will cater for a maximum of 10 dine-in patrons.
It was found that the operation presently complies with the Acoustic Quality Objectives in the
Environmental Protection (Noise) Policy 2008, and there are no additional requirements for noise
attenuation if the site continues to operate in the same general manner as during the
measurements. Although a liquor licence is not being sought, the noise measurements also
indicate that the site complies with the pre-10pm noise criteria used by the OLGR, which is
sometimes adopted for similar purposes.
The Acoustic Report was prepared by an accredited engineer and provided an assessment of the
“perceived noise” over a 5 day period to be able to establish accurate base line data and ambient
noise levels. As evidenced in the Acoustic Report, the noise associated with the patrons and
vehicles and present operation generally achieves the Acoustic Quality Objectives in the
Environmental Protection (Noise) Policy 2008.
In Section 5 of the Acoustic Report identifies that the louder sound levels that were experienced
within the locality were attributed to vehicles driving along Sunrise Rd and Kingsgate Drive:
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The observed noise sources at the premises and their respective noise levels in Table 2 indicate
that most sound from the premises is below the measured LA10 and LAeq levels, and that the
louder sounds were from vehicles driving along Kingsgate Drive and Sunrise Road, and the dog
at the residence on the site.
The Acoustic Report found that the noise associated with the restaurant with 14 dine-in patrons
meets the Acoustic Quality Objectives in the Environmental Protection (Noise) Policy 2008. The
proposed restaurant with take-away provisions will be limited to 10 dine-in patrons, further
reducing the noise associated with the site. Additional improvements as suggested within the
acoustic report are proposed to be undertaken, further reducing the noise associated with the site.
The acoustic report is clearly able to demonstrate that the proposed use poses no adverse
auditory impacts on the surrounding properties and land uses. The present operation complies
with the Acoustic Quality Objectives in the Environmental Protection (Noise) Policy 2008. The
reduction in size and limited evening operating hours will provide a positive response to the
perceived issues relating to perceived amenity for adjoining residences. Therefore an amended
Acoustic Report is considered unnecessary.
Information Required
5 Provide written advice from a registered building certifier that toilets for staff and customers
are adequate in accordance with the Building Code of Australia or other relevant industry
guideline. Consideration should be given as to whether the applicant has/will be seeking a
liquor license.
Response
The existing toilet facility on site has been existing and operational since the general store
operation. As they are existing facilities and in situ meeting the relevant industry guideline. The
applicant does not propose a OLGR licence for the Shop / Takeaway. This application limits the
proposed use to 10 seats only.
This ends my client’s response to matters raised by Council within their information request. We ask that
Council proceeds with assessment of the application.
We look forward to Council processing the application at its earliest convenience. Do not hesitate to
contact myself personally if you have any questions.
Kind Regards,
Russell Green MPIA