2021-05-11 Planning & Environment Committee Meeting Agenda

PLANNING AND ENVIRONMENT COMMITTEE MEETING AGENDA                                                        11 MAY 2021


only open till midnight on Friday and Saturday.
It is considered that the current acceptable measure AO11.2 is overly restrictive for a business
area identified as a major centre, particularly for enclosed areas which offer some means to
mitigate patron noise. However, noise from patrons in outdoor dining areas is difficult to
satisfactorily manage and has the potential to significantly impact on residential amenity in the area
and for this reason it is reasonable to more closely manage outdoor dining areas. The applicant
has not demonstrated through an acoustic report that noise from the outdoor dining area will be
screened by existing buildings with buildings spaced apart in areas along Sunshine Beach allowing
noise through.
It is therefore recommended that the representations be agreed to in part to allow the restaurant
to operate till midnight 7 days a week, but that the outdoor dining area cease at 10pm Sunday to
Thursday. Should Council wish to further revisit the hours specified by the planning scheme in
Noosa Junction in the future then it is suggested that condition for the outdoor dining hours could
also be reviewed, following consultation on the planning scheme with the community.


Condition 6 – Amplified music
6.         No amplified music is permitted.
Applicant’s Representation
The applicant considers the condition to be an unreasonable imposition on the proposed use of
the premises due to no other restaurants in the Noosa Junction area having restrictions on the use
of amplified music and that no speakers will be able to be utilised for the outdoor area at any time.
The condition also appears to directly conflict with the requirements of the Business Activities code
AO14.3 which permits amplified live music on site.
As previously detailed the site is contained in the Major Centre zone and the Noosa Junction
Hospitality Precinct the aim of which is to:
        Development specifically supports and provides entertainment including live entertainment,
         in suitable locations, in premises such as cafes, restaurants, bars, nightclubs, cinemas and
         markets and other associated activities to serve the community and promote visitation to the
         centre, particularly at night.
        Suitable locations, where entertainment uses and street activation is encouraged and may
         occur into the evenings and late nights, are identified to inform and manage expectations of
         operators and the community.
A review of the planning scheme reveals no specific requirements that prohibit amplified music on
site. The condition to limit the use of speakers on site for mood/atmospheric background music is
unreasonable and is requested to be deleted.
Assessment of Representation
The applicant in response to Council officer’s information request advised that there would be no
amplified music played on site and that they were willing to accept a condition in this regard.
The applicant has not provided any acoustic report to support their request to delete the condition.
Notwithstanding, it would be reasonable to change the condition to reflect the acceptable outcomes
of the Business Activities Code (specifically AO14.3). Notably condition 7 of the Decision Notice
includes requirements for acoustic live music consistent with AO14.2.

    Performance Outcomes                                        Acceptable outcomes
    Live Music                                                  AO14.1
    PO14                                                        Where the site is adjacent to land in a residential zone
    Live music creates entertainment for patrons and            (excluding Tourist Accommodation Zone), the Noosa
    vibrancy within the streetscape and is sited to avoid       Business Centre High Density Residential Precinct, or
    significant impacts on surrounding residential land uses.   the Rural Residential Zone live music is contained within
                                                                an enclosed acoustically treated environment.


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