Minor Change Report 132004.4078.11

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	132004.4078.11
Development Approval	Change to an existing approval for Material Change of Use (Indoor Entertainment)
Applicant	PCA Architects
Request Received On	17 December 2019

PROPERTY DETAILS
Property Address	61 Hastings St Noosa Heads Qld 4567
RP Description	Lot 3 CP 862568
Land Area	5325.16m2
Existing Use of Land	Noosa Surf Club

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Community Services Zone
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks to delete existing Conditions 82 & 83 that were included in the previous minor change approval.  These are acoustic conditions.  The applicant believes that the acoustic reports/testing does not warrant the imposition of these conditions.

assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Building Works Code
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as it relates to acoustic conditions relating to the approved use;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The original application was assessed against the superseded planning scheme, with the changes to the development approval assessed against The Noosa Plan. In terms of this proposal, the superseded planning scheme provisions and The Noosa Plan provisions are similar.
The applicant has requested that Conditions 82 & 83 be removed, which are currently:
Condition 82
All external outer doors, windows, louvres will need to be closed between 10pm and 7am.
Entertainers or speakers used to amplify noise must not be located in any outdoor, verandah, patio or footpath area of the premises.

Applicant’s request
The applicant has requested that Conditions 82 & 83 be removed for the following reasons:
The requirement for the Club to comply with the testing outcomes as detailed in proposed condition 80 supports the fact that compliance with the acoustic testing outcomes will protect the amenity of the local area.
The new acoustic testing and proposed operating scenarios (as detailed in the relevant reports) now places the club in an even better position to manage, and control noise.
The OLGR when assessing the Acoustic Reports will determine conditions that will clearly define the permitted operating scenarios allowed at the premises.  These conditions will be endorsed on the Liquor Licence and will clearly detail which doors and windows are permitted to be open or when they must be closed to ensure compliance with the Regulation 40 standards and to prevent any negative impact on the amenity of the local area.
The required Noise Management Plan will also detail these requirements and others to ensure noise is well managed.
The proposed conditions 82 and 83 are more restrictive than what was previously permitted, and we do not believe that the acoustic testing supports the imposition of these conditions.
The licensee has an excellent trading history, there is no substantiated evidence of non-compliance in relation to noise matters and they have not been the subject of any substantiated complaints in many years.  The club has in-house policies on how they must manage, and control noise and the Liquor Licence has detailed noise conditions endorsed in it (reflecting the Acoustic Testing results) and the licensee ensures these are complied with.
Of course, these Liquor Licence conditions will be updated by the OLGR to reflect the latest acoustic testing and will have detailed operating criteria which must be complied with.
We would respectfully submit that the two (2) proposed conditions at items 82 and 83 of the Council Decision Notice, should be removed.
Assessment of request
The previously approved minor change included 4 new conditions that related to the acoustic reports provided in support of hours of use of the deck area.  The applicant is supportive of conditions 80 & 81 imposed on the previous minor change approval, which are as follows:
The conditions and recommendations as set out in the Entertainment Noise Test Report, prepared by SoundBASE, dated 18 February 2019, Patron Noise Assessment prepared by SoundBASE, dated 1 March 2019 and Patron Noise Addendum prepared by SoundBASE, dated 28 July 2019 must be complied with.
A noise management plan is to be established. This must include a plan for patron seating and all or any other noise generating activities. All complaints need to be properly documented. The noise management plan must be approved by an acoustic engineer and provided to Council for recording purposes.
The applicant believes Condition 82 is restrictive.  This is not the case, as Condition 82 accords with the recommendations in the acoustic reports. Condition 80 stipulates that all recommendations in the acoustic reports are to be complied with, which the applicant has accepted.  At the time of imposing this condition, it was believed it was clear to anyone referring to the conditions, that noise would be contained within the building after 10pm, due to the proximity to residential properties.  However, it is acknowledged that Condition 82 is a double up, due to it being an acoustic report recommendation, in which Condition 80 refers.  For these reasons and after consultation with the Environmental Health Coordinator, it is agreed to remove Condition 82.
With regard to Condition 83, in the assessment of the acoustic reports submitted with the previous minor change application, it was assumed that the deck standalone system as described in section 4.2 pg. 10 of the Entertainment noise report would be a second staging area.  The applicant has since indicated that it is not a staging area, but there are speakers. The acoustic report shows speakers are able to be used both within the main premises at the western end of the club near the stage and separate speakers located on the main deck and this formed part of the latest acoustic testing regime.  The club also confirmed it is currently permitted to have speakers and entertainers located on the front deck area through conditions in the Club’s liquor license.
Existing Conditions 80 & 81 outline recommendations, including a noise management plan.  On the understanding that there is no second staging area on the deck and speakers formed part of the acoustic testing, Council’s Environmental Health Coordinator has agreed to remove Condition 83.

draft planning scheme
The draft zoning is split with the existing building within a Recreation and Open Space zone and the car park within a Community Facilities zone. The proposal is aligns with the intent of the existing use and the draft zoning.
cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council specialists:
Co-ordinator and Environmental Health officer, Environmental Health

conclusion & reasons for decision
The proposed changes relate to acoustic reports submitted with the last minor change application and it has been demonstrated that the remaining conditions will deal with any potential noise issues. It is therefore considered reasonable to agree to delete Conditions 82 & 83 as requested by the applicant.
RECOMMENDATION
With regard to Application No. 132004.4078.11, to make a minor change to an existing approval for Material Change of Use (Indoor Entertainment) situated at 61 Hastings St Noosa Heads Qld 4567 described as Lot 3 CP 862568, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 18 December 2019 decided to:
A.	Approve the change.
B.	Agree to remove Conditions 82 & 83

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