L21 Add reps to conditions V2

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               a) Have a suitability qualified acoustic consultant undertake a Noise Impact Assessment (NIA)
               in accordance with the Environmental Protection (Noise) Policy 2008. The NIA report must be
               submitted to Council for endorsement which outlines the finding and recommendations of the
               NIA. The recommendations must be implemented and may include a reduction to the
               operating hours.

       This condition provides Council with adequate recourse if the operators of the site permit excessive
       noise to occur on the outdoor dining areas.

Conclusion

The condition severely restricts the operation and economic viability of the restaurants that utilise the outdoor
dining areas and is not considered to be a reasonable imposition on outdoor dining areas that are integral to
the success of the existing businesses at Q Place. The condition does not recognise the fact that the Council
originally issued the approval for the outdoor dining areas without any restrictions and that the businesses
have been established on that premise, the unique location of the site, the tourist and community focus of
the centre nor that the noise levels comply with adopted standards. The condition is recommended to be
amended.


Proposed amended condition – Condition 9 –

The approved use must not operate outside the hours of 7am to 12 pm Sunday to Saturday

The requirements of this condition must be included in any lease agreement with site tenancies.




Condition 10 – Where the approved use operates later than 10 pm in accordance with this Decision
      Notice, temporary acoustic screens (café blinds or the like) must be erected on the sides on
      the dining areas to screen adjacent noise sensitive premises. The acoustic screens must be
      a minimum of 2m high and free from any gaps of openings.

Representation to condition 10 – The applicant raises concerns over the definition of ‘temporary acoustic
screens (café blinds)’ as the requirement for these screens negatively impacts on the operations of the
outdoor dining. The use of café blinds after 10pm will effectively enclose an area that is approved for
outdoor dining and will reduce the ambience of the associated restaurants. The blinds will detrimentally
impact on the dining experience especially during hot summers.

Further advice from David Moore & Associates has indicated that the screens will do little in terms of
reducing potential noise as they have limited acoustic qualities. The condition is requested to be deleted.


Proposed amended condition – Condition 10 – DELETE


The applicant requests that the matter now be determined. Please contact our Sunshine Coast office if you
have any queries in relation to the above.


Yours faithfully,




Nadine Gorton
Senior Planner
martoo consulting pty ltd