img-150616154021

Page 2

The change from office use will grant special privilege to the property at 18 Duke
Street. Precedence will be created for other area business space owners to seek a
similar change of use. The result will be a general change in the atmosphere of the
area that is not desired by the neighbourhood.

Noise Issues:

Noise is the major concern regarding the proposed change of use. In the evening the
area is residential and very quiet. While the application lays out some noise
abatement measures, no mention is made of abating the noise of several dozen
people having drinks, laughing, and talking outside until 10 or 12 PM. It also does
not mention if any music will be played.

The application states the venue will seat 12 people outside and 12 inside. The plans
however show seating of 20 outside and 13-14 inside. There is no mention of
controlling their noise or movement of the patrons from one area to the other, or
how additional patrons standing in the outside area will be controlled.

The application mentions Dolphins Beach House, which in our experience does not
create any noise or traffic issues. No mention is made of the effect of the change of
use on the 18 apartments at Sunshine Vista, directly across the street and only 40-
50M from the proposed Duke Douglas Cafe, or how it will affect the areas other
residential accommodation.

The kitchen facilities are limited at the location which indicates the primary use will
be as a bar. The limited kitchen facilities also increase the likelihood that external
vendors will be used to supply food and result in increased noise, traffic, and parking
issues.

It is likely that additional noise will occur outside operational hours as the cafe is
opened, supplied, cleaned after closing, and its patrons leave the area.

Parking:

Parking is an ongoing issue in Sunshine Beach during the daytime hours. The current
parking spaces at 18 Duke Street are already far exceeded by the staff at the
Duke/Douglas office space and the Century 21 office located at 18 Duke Street. The
driveway at Sunshine Vista is regularly blocked by vehicles waiting for people
frequenting area businesses, or parking across both side of our drive creating a
safety hazard as residents enter or exit. Vehicles have been observed parking on the
footpaths, concrete parking barriers, and yellow lined areas while loading and
unloading for events at the property.

Past use history:

This venue has been recently used to host several evening events which were
attended by large numbers of people along with loud music, loud conversation and
laughter, alcohol use on the footpaths, and increased traffic noise until late evening
hours. The noise from these events was clearly heard in the apartments at Sunshine
Vista, even with the windows closed. Numerous guest complaints were received after
these events.

Page 3

e The venue has also previously disregarded council regulations operating the
unauthorized espresso bar and pop up cafes on the site without council approval.
These outdoor operations were noisy and disrupted the amenity of the
neighbourhood.

e The ongoing possibility that the property will also be used as a venue for hire is also
a concern for the neighbourhood. There is little ability to regulate the number of
people in attendance to these outdoor events or to prevent them from using the
footpaths and parking area for their activities. This has been clearly demonstrated by
these past events. The footpath in front of 18 Duke Street is the main thoroughfare
for the many area visitors that pass on their way to the village and beach from their
surrounding area accommodation. A family being subject to passing through a crowd
of party goers is not conductive to the atmosphere that is the essential character of
Sunshine Beach.

In conclusion, the management of Sunshine Vista fully supports the business activity in the
village in line with the community’s best interest. The proposed Material Change of Use does
not fit with the commurnity’s best interest due to the previously noted changes to the
essential character of the neighbourhood, the increased noise, and parking issues. Past
experience with the venue has shown that this type of evening activity is a nuisance and
interferes with the area resident's quiet enjoyment of their property. We urge the council
disapprove the application as submitted.

Regard, 0
Edward Payne Phillipa oh
Resident Manager Resident Manager
Director

Kiowa Holdings Pty Ltd
T/A Sunshine Vista