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L21 Add reps to conditions V2

Attached to the e-mail MCU13/0069 - Representations to Conditions of Approval Outdoor Dining.

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      Council’s nominated time period of 7am to 10.30pm would suggest that Council consider any
      noise from the outdoor dining areas acceptable during the daytime (7am to 6pm), evening (6pm
      to 10pm) and night-time (from 10pm) periods for Sunday to Thursday. Based on the measured
      ambient noise levels for an 8-day period and detailed in Appendix B of the noise report, David
      Moore reported that he has considered the average ambient noise levels during the time period
      2200 to 2400 hours. For time varying noise sources such as people laughing and talking the
      relevant parameter is the LA10,T. Council have approved the operation of the outdoor dining
      areas between 2200 and 2400 hours on Friday and Saturday nights only. Interestingly, the
      average ambient noise level from 2200 to 2400 hours was 43.6 dB(A) LA10,T for these two
      nights, whereas for the nights when Council did not approve the operation of the outdoor dining
      areas the average ambient noise level from 2200 to 2400 hours was 47.8 dB(A) LA10,T.

      Based on the results of these ambient noise level measurements any noise impact from the
      outdoor dining areas, from 2200 to 2400 hours, would be less Sunday to Thursday than on a
      Friday and Saturday night. In addition to the above l calculated noise impact for the outdoor
      dining areas to the closest noise sensitive premises (Noosa Shores Resort) for 60 to 80 patrons
      dining. Even this number of patrons did not exceed the sleep disturbance night-time noise limit
      criteria inside the closest habitable rooms of the closest noise sensitive premises. Based on the
      time periods stipulated in the Queensland environmental protection legislation, the measured
      ambient noise levels and the calculated source noise levels, it is my opinion that Condition 9
      should permit outdoor dining to 12 midnight seven days per week.

 11. It is noted that there is only one permanent resident who resides in the Noosa Shores Resort which
     abuts the park and is over 350 metres from the outdoor dining area.

 12. As a result of the Development Application process, the manager of Rickys has established direct
     contact with the permanent resident at Noosa Shores Resort. This contact has enabled the
     surrounding residents to contact management if they have any issues with the site.


Noosa Plan


 13. The Noosa Plan highlights that the Quamby Place Neighbourhood Centre will form a focal point for
     the local community providing services and facilities whilst the Opens Space Recreation zone further
     refers to community interaction.

      r) For the Neighbourhood Centre Zone —
      The Quamby Place Neighbourhood Centre—
              i forms a focal point for the local community and visitors, provides services and facilities
              to meet their day to-day needs;
              ii provides Business Uses that respect the existing residential amenity of visitors and
              residents within and surrounding the development; and
              iii provides Business Uses that are of a scale and character consistent with the locality
              and Noosa’s retail hierarchy;

      u) For the Open Space Recreation Zone—
      areas of open space contribute to the desired lifestyle of residents by offering a variety of
      passive and active recreational experiences that are conducive to community interaction and
      wellbeing; an


Operational Aspects

 14. Restaurants often utilise the practice of double sittings or rolling bookings to cater for different needs
     of patrons and busy periods. It is generally acknowledged that the first sitting has a shorter seating
     period whilst the second sitting (which commences around 7.30pm to 8.30pm) is able to stay till
     closing time.

 15. During all holiday periods (not just Queensland) there is a strong preference for the 8.30pm
     reservation time. These 8.30pm diners generally take up to 3 hours to order and finish their meals.
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