L21 Add reps to conditions V2

   Page 2

The following information is provided in support of the proposed change:

Background

  1.    Outdoor Dining Permits in Sound Park were issued by Noosa Council for several of the proposed
        outdoor dining areas.

  2.    These Outdoor Dining Permits were issued annually by Council and no planning approvals or
        approval from the State were obtained for use of the public parkland. The applicant paid Council
        annual fees for use of these areas.

  3.    These outdoor dining permits have been in place and utilised for over 10 years.

  4.    The current liquor licence for the site permits operation until 12 midnight on any given day.

  5.    The owners of the adjoining commercial lots in Q Place purchased these premises on the basis that
        the outdoor dining permits had Council approval and could be used in association with the
        restaurants on Q Place.

  6.    The owners of the restaurants modified and built up their businesses based on the use of the outdoor
        dining areas.

  7.    In the 10 years that the areas have been used for outdoor dining only one complaint has been
        received in relation to noise. As a result of this compliant a number of procedures were implemented
        including:

                           Removal of business that caused the complaint;
                           Preparation of Q Place Restaurant Neighbourhood Noise Policy in conjunction
                           with Council;
                           Establishment of Induction and Procedure document for staff with reference to
                           noise;
                           Establishment of Terms and Conditions for functions with specific reference to
                           noise; and
                           Establishment of specific Noise Policy for restaurants.


Noise

  8.    Rickys and Wood Fire Grill restaurants currently have liquor licenses that permit opening until 12
        midnight. Both these restaurants have been utilising the outdoor dining area until midnight for over 10
        years.

  9.    As part of the applicant’s response to the Information Request issued by Sunshine Coast Council on
         nd
        2 July 2013, David Moore & Associates Pty Ltd undertook a Noise Assessment for the proposed
        use. A noise logger was located on the closest sensitive premises for an extended period (8 days)
        and the ambient noise data gathered was used to determine appropriate noise limits. The associated
        report titled Environmental Noise Level Impact Assessment for External Dining Areas Located Within
        Sound Park, Noosa Parade, Noosa Heads conducted for Ricky’s Noosa, Report No:
        R13103/D2829/Rev.0/10.10.2013 was provided to Council. This report found that the external
        dining in Sound Park, with no noise control measures in place, complied with the noise limits
        for the complete 24-hour day, at the closest noise sensitive premises (Noosa Shores Resort).

  10. David Moore has reviewed Councils conditions and notes that with respect to environmental
      acoustics the time periods nominated by the Queensland environmental protection legislation
      (including the Planning for Noise Control Guideline) are:

                    Daytime: 0700 to 1800 hours;
                    Evening: 1800 to 2200 hours;
                    Night-time: 2200 to 0700 hours.