MCU22.0101- Reps to Council's Conditions · MCU22/0101

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There exists a number of Food and Drink Outlets uses within the vicinity of the subject site, all of which have
similar operating hours and are not operating with a sound limiting device. As such, it is unlikely that the
proposed use will generate any noise in addition to the perceived noises generated by the existing uses.

The applicant is willing to agree to undertake noise monitoring during operating hours and document. Upon
request, the applicant agrees to provide the noise monitoring records to Council.

Proposed Amendment to Condition 10

It is proposed that Condition 10 be amended to read as:

10. The licensee/operator is to undertake noise monitoring periodically to ensure the operation of the Food
and Drink Outlet use complies with the noise restrictions outlined in Conditions 7 and 8. Monitoring records
are to be made available upon request from Council.



Condition 11

11. The sound limiting device is to have a locking mechanism, which is to be locked at all times except for
inspection or maintenance work on the device.

Representations to Condition 11

As it has been argued above that Condition 10 is not a reasonable nor relevant condition and is proposed to
be amended; Condition 11 is no longer relevant.

Proposed Amendment to Condition 11

It is proposed that Condition 11 be deleted.



Condition 12

12. Access to the sound limiting device, except for maintenance work, is restricted to the licensee, nominee
and the person in charge of the premises at any time.

Representations to Condition 12

As it has been argued above that Condition 10 is not a reasonable nor relevant condition and is proposed to
be amended; Condition 12 is no longer relevant.

Proposed Amendment to Condition 12

It is proposed that Condition 12 be deleted.



Condition 13

13. The sound limiting device must be checked and if necessary calibrated by a qualified acoustic engineer
at least every 12 months to ensure compliance with the conditions of this licence. Evidence of the sound
limiting device calibration must be made available to an authorised person on request.

                                                                     PO Box 1818         07 5474 3873
                                                                     Noosa Heads         [email protected]
                                                                     QLD 4567            rgstrategic.com.au

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Representations to Condition 13

As it has been argued above that Condition 10 is not a reasonable nor relevant condition and is proposed to
be amended; Condition 13 is no longer relevant.

Proposed Amendment to Condition 13

It is proposed that Condition 13 be deleted.



Condition 15

15. Landscaping of the site must be undertaken as detailed on Plan SD103 Plan – Proposed Landscape
prepared by Robinson Architects. An application for operational works is to be submitted and approved prior
to issue of Building Approval and include:
15.1. The landscape planter and soft landscaping area are to remain open to the elements and not roofed.
15.2. The soft landscape area is to include 4 x45 litre tree species and understorey plantings.

Representations to Condition 15

The requirement for the applicant to provide 4 x 45ltr trees in the landscaping areas denoted on Plan SD103
is unreasonable. No tree species are suitable to be planted in the planter box on the external deck and
outdoor dining area due to the shallow planting depth.

The planting of tree species is suitable only to the landscape area on the ground floor, rear of the deck. This
area is 4.4 metres in length and as such will only support, as a maximum, two (2) tree species. It is proposed
that two (2) 45ltr Tuckeroo (Cupaniopsis) trees are planted to this area, along with understorey planting.
Tuckeroo trees generally grow to a height of 5 to 8 metres and width of 5 to 7 metres. As such, along with
understorey planting, the proposed two (2) trees will screen the deck from car park.

A Detailed Landscape Plan will be submitted to Council as part of an application for a permit for Operational
Works.

Proposed Amendment to Condition 15

It is proposed that Condition 15 be amended to read as:

15. Landscaping of the site must be undertaken as detailed on Plan SD103 Plan – Proposed Landscape
prepared by Robinson Architects. An application for operational works is to be submitted and approved prior
to issue of Building Approval and include:
15.1. The landscape planter and soft landscaping area are to remain open to the elements and not roofed.
15.2. The soft landscape area is to include 2 x45 litre Tuckeroo (Cupaniopsis) trees and understorey plantings.


Condition 17

17. Security in the form of a cash bond or trading bank guarantee to the sum of $8,000 must be submitted to
Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit
for Operational Works or Building Works whatever comes first. The cash bond or trading bank guarantee will
be returned on performance of the conditions of approval less any costs incurred by Council in respect of

                                                                    PO Box 1818        07 5474 3873
                                                                    Noosa Heads        [email protected]
                                                                    QLD 4567           rgstrategic.com.au

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enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to
effect compliance with conditions.

Representations to Condition 17

The working of Condition 17 contradicts Condition 15 and the requirement for Operational Works to be
approved prior to Building Approval issued.

The requirement of a $8,000.00 bond is overly onerous and irrelevant given the approved use for a Food and
Drink Outlet and the further necessary permits which will be required for the use to commence operating. The
higher order approval (MCU22/0101) and the conditions contained will be enforced through the subsequent
approvals required by the licensee/operator to operate, and include but are not limited to:

   •   Application for a permit for Operational Works to Noosa Council,

   •   Application for Building Works to Private Certifier and Noosa Council,

   •   Application for Plumbing Works to Private Certifier and Noosa Council,

   •   Application for Food Business Licence to Noosa Council, and

   •   Application for a Restaurant Licence to Queensland Office of Liquor and Gaming Regulation.

Considering the Food and Drink Outlet requires numerous subsequent approvals to operate as approved, it
is unreasonable for Council to impose a bond to ensure that the performance of all conditions is achieved.
Compliance with Conditions contained within MCU22/0101 is necessary in order for the abovementioned
approvals to be issued.

Proposed Amendment to Condition 17

It is proposed that Condition 17 be deleted.



Thank you for your consideration of the above Change Representations to the Conditions within Decision
Notice MCU22/0101 issued to the applicant on 19 September 2022.

Should you require any additional information or have any queries please to not hesitate to contact us.



Kind Regards,




Russell Green APIA MQELA
Managing Director
RG Strategic




                                                                  PO Box 1818        07 5474 3873
                                                                  Noosa Heads        [email protected]
                                                                  QLD 4567           rgstrategic.com.au

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