2019-03-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  12 MARCH 2019


RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 March 2019 regarding a request for a Negotiated
Decision Notice for Application No. MCU18/0102 for a development approval for Visitor
Accommodation - Type 4 Conventional situated at 14-16 Mary Street, Noosaville and:
A.   Refuse to change conditions 3d and 36 for the following reasons:
     1.    Conditions 3d and 36 are required and warranted due to the site’s proximity to
           residential properties.
     2.    Conditions 3d and 36 are required to mitigate noise for nearby residents and
           complement and support other conditioned noise management strategies for the
           backpackers.
     3.    Condition 36 still permits entertainers and/or speakers to be located internal to the
           building.
B.     Agree to change to condition 52 as follows:
     52.   The site must be provided with a stormwater drainage system connecting to a lawful
           point of discharge. The works must be undertaken in accordance with an Operational
           Works approval and must include in particular:
           a.    the works shown on drawing number 17699-SK101 Revision A prepared by
                 TOD Engineers and Project Managers dated 17 August 2018, with the inclusion
                 of the following:
                 i.    The storage tank must have sufficient capacity to cater for the runoff from
                       the driveway in a 5 minute 1%AEP rain event as a minimum.
                 ii.   The basement structures (walls, floors and surfacing) must be
                       constructed of materials suitable for the potential inundation and all
                       service connections must be located a minimum of 300mm above the
                       potential inundation level.
C.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

1.   BACKGROUND
A development approval for a backpackers with 122 beds was issued on 15 November 2018.
The applicant suspended the appeal period and made representations on 15 January 2019 to the
development approval conditions. The representations are detailed below but primarily relate to
required noise mitigation measures and managing stormwater for the basement car park.
At the time the application was publicly notified, 5 properly made submissions were received. The
submitters were primarily concerned with location of the backpackers opposite Dan Murphys,
vehicle noise associated with guest arrival, potential noise impacts for nearby residents, need for
the backpackers, car parking and building bulk and setback reductions.
Notably, the acoustic consultant (MWA Environmental) previously engaged by Council officers to
assist in the assessment of the application, was requested to review the representations made in
relation to the required noise mitigation measures and their comments form part of this report to
Council.
2.   ASSESSMENT
An assessment in relation to each of the submitted representations is provided below:
Condition 3d – Acoustic Rating of Windows
3    Development authorised by this approval must be undertaken generally in accordance with
     the Approved Plans listed within this Decision Notice. The Approved Plans must be

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