Response letter Applicant · MCU12/0012

                                             Officer:          Jack Lewis
                                             Direct Telephone: 07 5449 5183
                                             Response Address: Locked Bag 72
                                                               Sunshine Coast Mail Centre QLD 4560
                                             Email:            [email protected]
                                             Our Reference:    MCU12/0012
4 July 2012

Mr CJ Marais
PO Box 1111
NOOSA HEADS QLD 4567



Dear Sir

Re:   Development Application for Material Change of Use - Home Based Business Type 3
      (Quad Bike Tours), situated at 298 Tablelands Road, Cooran

I refer to your letter of 3 July 2012, and to our previous discussions concerning council’s letter of 18
June 2012.

I wish to confirm that the application for the Home-based Business is assessable against The Noosa
Plan requirements to ensure the business operations will not interfere with the neighbourhood, and
the business remains ancillary to the residential use of the site. In assessing the application, Council
is required by the Sustainable Planning Act 2009 to assess the application against a range of
matters, including The Noosa Plan and the content of any submissions received.

As you aware, significant community concern has been raised by a number of nearby residents
indicating, amongst other issues, that the proposed business has the potential to generate noise that
will impact on their amenity. As expressed previously to you, noise is a relevant community concern
and the information previously provided with the application does not adequately assess the potential
noise impacts of the proposed business.

This was raised with you in an officer’s email of 4 April 2012, and again in council’s letter of 18 June
2012. In respect to the acoustic details currently provided, at no time did officers recommend to you
that you use David Moore & Associates, instead directing you to the yellow pages highlighting that a
number of acoustic consultants, including David Moore, were available for your choosing.

In reviewing David Moore & Associates report, officers have sought an independent external
consultant’s advice to assist officers in addressing both The Noosa Plan provisions and the issues
raised in submissions. This independent consultant has advised council that based on the
application details and David Moore & Associate’s report, the noise levels from the use are likely to
adversely impact on surrounding resident’s amenity. On this basis, it would be difficult for officers to
recommend support for your application, particularly as noise is not always possible to mitigate
satisfactorily for activities conducted outdoors.

As indicated to you previously, it is at your discretion as to whether you provide the additional
acoustic details outlined in council’s correspondence. However, the use of an accredited acoustic
consultant is likely to be able to best address the noise issues raised.

In respect to your request as to whether council would accept, a reduced number of days for noise
logging, I confirm that the recommended noise logging for 7 days is consistent with the DERM
document Planning for Noise Control and that it would be highly desirable that the testing be carried
out in accordance with this document. Notwithstanding this, were noise logging to be undertaken for
a least 1 day (8.30 – 5pm) this may be acceptable to council, where it is evident that the testing has
been carried out during the quietest time of the week.

As per Council’s previous advice, prior to proceeding with the additional monitoring and assessment,
you may wish to investigate with your acoustic consultant, whether it is feasible to implement
mitigation measures to reduce noise levels down to an acceptable level. Any measures that are