2021-11-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  9 NOVEMBER 2021


Assessment of Request
The provided Noise Management Plan has been reviewed by a consulting acoustic expert for
Council who has advised:
1.    The noise impact assessment report has provided updated ambient noise monitoring data
      and revised the noise limits for the use.
2.    The noise impact assessment report has provided assessment of resultant noise levels with
      the proposed new windows and doors closed, specifically for the post 10pm to 12MN time
      period.
3.    The noise impact assessment report identifies that noise criteria will be achieved with the
      proposed windows and doors, enclosing the outdoor dining area to form a single indoor area.
4.    I have reviewed the noise report and the updated noise management plan and consider that
      they appropriately assess potential noise impacts and provide appropriate measures for
      management of the venue to comply with the relevant noise criteria.
A couple of specific matters relevant to noise that come from the noise reporting and noise
management plan are;
1.    The new glazing/doors and building envelope is to achieve a minimum noise reduction of 25
      dB(A) with windows and doors closed and
2.    As part of enclosure of the area, new (additional) air-conditioning units are proposed on the
      roof above the pizza oven area.
The application letter prepared by JFP dated 25 August 2021 provides suggested changes to
Condition 83 to reflect that changed application and specifically the amended noise management
plan dated 25 August 2021.
On the basis of the proposed changes to Condition 83, and the drawings provided as part of the
application representing the amended built form and new enclosure details I consider that the use
has been demonstrated to comply with the noise limits between 10pm and 12MN as a fully
enclosed use area.
It is my recommendation that the minor change application be approved with the Applicants’
suggested changes to the conditions relevant to noise being appropriate.
I suggest however, that it would be appropriate that following construction works that Council
require Certification from an appropriately qualified acoustic consultant that the as-constructed built
form achieves the minimum 25 dB(A) noise reduction identified in the noise management plan and
that all plant and equipment including the new air-conditioning plant achieves compliance with the
development approval noise limits.
The proposal, providing the ability to enclose outdoor dining areas provides a greatly improved
acoustic outcome in respect to protection of surrounding resident’s amenity.
As noted by the consulting acoustic engineer the proposal includes an updated Noise Management
Plan which demonstrates that the works provide for an improved outcome with regards to the
protection of surrounding residential amenity. Accordingly, the proposed changes to the operation
of the restaurant are supported however the proposed wording of the condition can be improved
to reflect the new plans and improve the legibility of the condition.
It is recommended to add an additional condition, as per the consulting acoustic engineer’s advice,
requiring certification from an appropriately qualified acoustic consultant that the as-constructed
built form achieves the minimum 25 dB(A) noise reduction identified in the noise management plan
and that all plant and equipment including the new air-conditioning plant achieves compliance with
the development approval noise limits.
It is also recommended to include an additional condition to ensure that the area identified as being
used for ‘Cooking Classes’ is not used as part of the restaurant use.




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