Council archive · source document
Appendix B - Assessment against Applicable Assement Provisions and Benchmarks · 132005.1133.15
APPENDIX B ‐ ASSESSMENT AGAINST APPLICABLE ASSESSMENT PROVISIONS AND
BENCHMARKS
JFP Ref: M2652/F Page 15
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 6 pages
Page 2
NOISE ASSESSMENT BENCHMARKS
From review of the assessment benchmarks under the Noosa Plan 2006 and the Superseded Noosa Planning Scheme, we believe that the Noise Management requirements
had been reasonably conditioned as part of the previous CDA 132005.1133.9 dated 14 May, 2019 given the context and history of the proposed development.
SUPERSEDED TRANSITIONAL NOOSA PLANNING SCHEME 1997
Applicable Noise Provision Comment
8.3 Amenity – No development shall be undertaken which, in the opinion of the Council would:‐ Complies. Please refer to enclosed Noise Impact Assessment and Noise Management
b. Cause or be likely to cause interference with the amenity of the area from the operation of Plan in Appendix C, which has undertaken an assessment of all potential noise sources
machinery or electrical equipment, or from the emission of light, noise, vibration, small, fumes, and outlines appropriate control measures to ensure the development does not cause
smoke, vapour, steam, soot, ash, grit, oil, dust, waste water, waste products, electrical interference with the amenity of the area from noise.
interference or otherwise.
NOOSA PLAN 2006
Noosa Heads Locality Code
Specific Outcomes Probable Solutions Comments
Table 9.11 ‐ 9.8 Effects of Use
Amenity
01 Uses are located, designed and operated to avoid No solution provided Complies. Please refer to enclosed Noise Impact Assessment
significant adverse changes to the light, air quality, noise, and Noise Management Plan prepared by David Moore &
accessibility, or other conditions enjoyed by users of Associates in Appendix C, which has undertaken an
associated, adjoining or nearby uses. assessment of the proposed layout, design and operations.
The management plan outlines appropriate management of
operations including a noise complaint procedure and
control measures. This ensures no adverse impacts on users
of associated, adjoining or nearby uses as a result of
potential noise generated from uses.
Table 14‐8 For all Business Uses
Noise
020 Development is designed and sited to avoid emissions No solution provided Complies. Please refer to enclosed Noise Impact Assessment
that unreasonably diminish the amenity of the area or and Noise Management Plan prepared by David Moore &
surrounding uses. Associates in Appendix C, which has undertaken an
assessment of all potential noise sources and appropriate
control measures to ensure that amenity of the area or
surrounding uses is not diminished. The proposal to enclose
the Outdoor Dining Area which is currently part of the Gross
JFP Ref: M2652/F Page 16
Page 3
Specific Outcomes Probable Solutions Comments
Floor Area provides for appropriate noise attenuation
measures.
Mechanical plant and equipment and storage areas
021 Mechanical plant and equipment (including air S21.1 Mechanical plant and equipment are— Not applicable in relation to the proposed changes.
condition equipment) and storage areas are designed and a) located more than 2m from any property boundary;
located to – b) where located at ground level, screened by fencing 1.5m
a. avoid visual impacts when viewed from the street in height or dense vegetation of at least 1.5m in width
and adjoining properties; and incorporating grouped trees and shrubs with maximum
b. visually integrate with the building design. separation distance of 1m measured from the centre of the
tree or scrub; and
c) are visually integrated into the line and plane of the
building and roof design and do not project beyond the
height or width of the building when viewed from the street
and adjoining properties;
AND
S21.2 For Industrial business and Retail business Type 3,
materials stored outside of a building do not exceed 4m in
height or half the height of the on‐site buildings whichever
is the greater.
Site facilities
032 Waste storage areas, external storage areas and loading 32.1 Waste storage areas, external storage areas and Not applicable in relation to the proposed changes.
docks do not distract from the visual amenity of the loading docks are situated to the rear of the building or
streetscape or cause nuisance to adjoining properties. under the ground;
OR
S32.2 With the exception of the access way, waste storage
areas, external storage areas and loading docks are visually
screened by landscaping or fencing.
Table 14‐10 Entertainment & Dining Business or Retail Business Types 1 or 2
Noise and visual amenity
035 Uses maintain a satisfactory level of acoustic and visual S35.1 For uses involving outdoor courts including tennis Not applicable in relation to the proposed changes.
amenity for surrounding uses. courts, half courts and netball courts—the use complies
with the requirements in Section 2 of PSP8 Tennis and other
Courts.
JFP Ref: M2652/F Page 17
Page 4
NOOSA PLAN 2020
BUSINESS ACTIVITIES CODE
Performance Outcomes Acceptable Solutions Comments
Building design & siting
Ground floor AO6 AO6 Not applicable. The change is a minor change to an
PO6 Ground floor spaces have a minimum ceiling height of 3.5 existing building.
Ground floor spaces and ceiling heights are flexible to cater metres to allow flexibility of use (for example; adaptation
for a range of business activities. for shop, restaurant or office uses)
Outdoor areas AO7 AO7 Complies. The original siting of the existing building has
PO7 Outdoor areas and roof top areas used for business positioned as far as practical from sensitive uses. The
Outdoor areas, including balconies and rooftops, used for activities are located away from sensitive land uses and are change is a minor change to an existing building to enclose
business activities are located, designed and operated to generally oriented towards the street. the existing defined outdoor areas which will ensure that
avoid causing nuisance to adjoining or nearby sensitive land the Restaurant can operate without causing nuisance on
uses. nearby sensitive uses.
Outdoor Dining areas AO8.1 AO8.1 – AO8.4 Not applicable. The restaurant outdoor
PO8 Walls to outdoor dining areas are: dining area as part of this change application will be
Outdoor dining areas are designed and located so that: (a)if facing a roadway or other public area, transparent and enclosed to ensure that it can be also used as an indoor
(a)structures are aesthetically pleasing and in keeping with don’t restrict airflow; dining space.
the existing character of the area, including the architecture (b)separated from the floor and any roof by a minimum
of the associated building; vertical gap of 500 millimetres; and
(b)outdoor dining adds to the streetscape without (c)if detachable or collapsible, are only used during
increasing perceived building bulk; inclement weather.
(c)temporary walls or roofs are retracted when not in use
and secured at all times; AO8.2
(d)the use does not pose a health and safety risk to patrons; Roof, walls or other structures do not extend beyond the
(e)adequate air movement is available; and boundaries of the premises.
(f)structures do not impede the movement of pedestrians or
vehicles. AO8.3
Outdoor dining areas:
(a)have a non‐slip surface which is water resistant and not
raised; and
(b)ensures that where heating is provided it does not
present a physical risk to diners or pose a fire risk to the
surrounding buildings and structures (braziers are not
permitted).
AO8.4
JFP Ref: M2652/F Page 18
Page 5
BUSINESS ACTIVITIES CODE
Performance Outcomes Acceptable Solutions Comments
Outdoor dining areas include soft landscaping integrated
with the outdoor dining environment to create an ambient
atmosphere for diners.
Editor’s Note— Landscaping must be undertaken in
accordance with the Landscaping Code Part 9 Section 4.5
Editor's note— Refer to Figure 6.4.4.4 and Figure AP3‐5A for
examples of landscaping and design outcomes for outdoor
dining areas in streets.
PO9 AO9 AO9 Not applicable. The change is a minor change to an
Adequate clearways and head clearances allow safe Roof structures over outdoor dining areas have a minimum existing building.
movement for users of the premises. clearance height of 2.1 metres.
Amenity and Safety
Hours of Operation AO11.1 AO11.1 Complies. The premises adjoin the Tourist
PO11 The use or activity does not operate outside the hours of accommodation zone and complies with the existing land
Business activities are operated in a manner that avoids or 7:00am to 9:00pm, seven days a week, where the site use rights under the existing development approval.
minimises evening, early morning or weekend noise directly adjoins land in the following zones:
nuisances to sensitive land uses, particularly surrounding (a)All residential zones, except for the Tourist
residential uses. accommodation zone
(b)Major centre zone – High density residential precinct; or
(c)Rural residential zone.
AO11.2 AO11.2 Not applicable. The site is situated within the Tourist
Where the site is not specified above in AO11.1 the use does accommodation zone.
not operate outside the hours of 6:00am to 10:00pm, seven
days a week, except that a business use such as a food and
drink outlet, may operate until 12:00 midnight on a Friday
and Saturday
Overlooking AO12 AO12 Not applicable. The change is a minor change to an
PO12 Where the business activity adjoins an existing or approved existing building.
Business activities maintain the reasonable privacy and residential use, the reasonable privacy and amenity of such
amenity of site and adjoining residents and their enjoyment uses is maintained by:
of indoor and outdoor living areas is not unreasonably (a)siting and orienting buildings to minimise the likelihood
diminished. of overlooking occurring;
JFP Ref: M2652/F Page 19
Page 6
BUSINESS ACTIVITIES CODE
Performance Outcomes Acceptable Solutions Comments
(b)having windows and outdoor areas, (including balconies
and terraces) located and designed so that they do not look
into dwellings or visitor accommodation; and
(c)incorporating screening over building openings.
Noise, visual and odour impacts AO13.1 AO13.1 & AO13.2 Complies. Refer to original approval and
PO13 Undesirable noise, visual or odour impacts on public spaces the revised Noise Impact Assessment and Noise
Business activities are designed, sited and operated to avoid and residential uses, are avoided or reduced by: Management Plan.
environmental nuisances such as noise, visual or odour (a)providing vehicle loading/unloading and refuse
impacts that unreasonably diminish the amenity of the area storage/collection facilities within enclosed service yards or
or surrounding uses. courtyards; and
(b)not locating site service facilities and areas along any
frontage to a street or other public space.
AO13.2
Where the business activity requires the use of acoustic
attenuation measures to mitigate adverse impacts on
nearby sensitive land uses, such measures are designed and
constructed to be compatible with the local streetscape.
Live Music AO14.1 AO14.1‐ AO14.3 Complies. Refer to original approval and
PO14 Where the site is adjacent to land in a residential zone the revised Noise Impact Assessment and Noise
Live music creates entertainment for patrons and vibrancy (excluding Tourist Accommodation Zone), the Noosa Management Plan.
within the streetscape and is sited to avoid significant Business Centre High Density Residential Precinct, or the
impacts on surrounding residential land uses. Rural Residential Zone live music is contained within an
enclosed acoustically treated environment.
AO14.2
Acoustic live music (not reliant on electric or electronic
equipment) ceases to operate in outdoor spaces by 9:00pm
Sunday – Thursday, and by 10:00pm Friday and Saturday,
except if located within the Hastings Street Mixed Use
Precinct or Noosa Junction Hospitality precinct where it can
operate until 10:00pm Sunday ‐ Thursday, and by 12:00
midnight Friday and Saturday.
AO14.3
Amplified live music ceases to operate in outdoor space by
7:00pm seven days per week, except if located within
Hastings Street Mixed use precinct or Noosa Junction
JFP Ref: M2652/F Page 20
Page 7
BUSINESS ACTIVITIES CODE
Performance Outcomes Acceptable Solutions Comments
Hospitality precinct where it can operate until 9:00pm
Sunday ‐ Thursday and 10:00pm Friday and Saturday.
Editor’s Note— Liquor licences and noise matters are
separately dealt with through the Office of Liquor and
Gambling.
JFP Ref: M2652/F Page 21
Used in these records
Appendix B - Assessment against Applicable Assement Provisions and Benchmarks.pdfRelated documentApplication case desk ↗
About this file
- File size
- 295 KB (small file)
- File type
No other editions are linked here.