Annexures to Submission

Page 2

1. Characteristics of Site and Surrounds

The subject site is located at Unit 3, 287 Gympie Terrace, Noosaville, and is part of a mix-use development
(Offshore Noosa) (see Figure 1). The precinct and surrounding uses consist of a mix of visitor
accommodation, entertainment and dining businesses, and recreational facilities.




                                        Figure 1. Site Location Map
                                              Source: QLD Globe



The subject site overlooks the Noosa River and adjoining open space conservation area. Unit 3 is located
on the ground floor of the ‘Offshore Noosa’ building and is accessed via a wide pedestrian entrance point
from Gympie Terrace (see Figure 2).




                                      Figure 2. Site Access & Frontage
                                             Source: Google Maps

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2. State Development Assessment Provisions

The State Development Assessment Provisions (SDAP) set out the matters of interest to the state for
development assessment, where the state assessment and referral agency (SARA) is responsible for
assessing or deciding development applications as assessment manager or as a referral agency. The SDAP
is not applied by local government in the assessment of this development application.


3. Locality and Zone

The subject site is located in the Noosaville locality within the Visitor Mixed Use Zone of the Noosa Council
The following extracts are taken from the Noosaville Locality Plan in Part 11 of the Noosa Plan and state
the relevant overall outcomes for the Noosaville Locality.


11.8.2 t -    For the Visitor Mixed Use Zone—Business Uses are integrated with Multiple housing
where development—

          ii        provides for Business Uses that directly service visitors accommodated in the immediate
                    area and foreshore users;
          iii       respects the existing residential amenity of visitors and residents within and surrounding
                    the development;
          iv        contributes to the economy of the Shire through the tourism and hospitality sectors;

Comment:
The proposed development complies with the overall outcomes of the Noosaville Locality Code. The
proposed use is deemed consistent impact assessable development under the provisions of the Noosa
Plan 2006 (Table 11.4 of the Noosaville Locality Code). The applicant seeks approval to reinvest in the
modernisation of the current use through incorporating contemporary design and materials which
enhance the visual amenity and utility of the development. The proposed refurbishment (refer to
Appendix A) of the restaurant and dining facilities contributes positively to the streetscape and
complements the surrounding hospitality and tourism uses.


4. Carparking

The applicant is seeking approval for the proposed Entertainment and Dining Business - Type 1 Food &
Beverages Development. The enclosed architectural plans prepared by CAB ROTO (see Appendix A)
illustrate a total Use area of 67m2 for Unit 3. The increase in Use area is able to be supported through the
adequate provision of carparking infrastructure as calculated in Table 1. The existing carparking
infrastructure supports the proposed increased Use area and extended hours of operation.

Table 1: Required Carparking Calculation.
   Unit            Current Tenant      Use Definition       Use Area        Carparking Rate          Required Spaces
                                      Type 1 Food &
Unit 3          Proposed restaurant                      Use area = 67m2   1 space per 10m2   7 carparking spaces
                                      beverages
                                      Required Carparking Spaces                                         7 carparking spaces
                                      Carparking spaces provided on site                                 8 carparking spaces

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5. Hours of Operation

The proposed hours of operation for the proposed use are listed below in Table 2. The proposed hours of
operation are able to be supported through the adequate provision of carparking infrastructure and land
use zoning.

Table 2: Unit 2 – Proposed Extended Hours of Operation.
                       Monday        Tuesday      Wednesday   Thursday       Friday      Saturday      Sunday
                       6:00am-       6:00am-       6:00am-    6:00am-       6:00am-      6:00am-      6:00am-
  Proposed Hours
                       10:00pm       10:00pm       10:00pm    10:00pm       12:00am      12:00am      10:00pm



6. Acoustic Report

The auditory effects of the proposed increase in Use area and extended operating hours have been
assessed and the findings detailed in the enclosed acoustic report (Appendix B) prepared by Road Pro.

The acoustic assessment found that,

        The proposed café/restaurant can be operated in a manner that achieves the Outcomes of the
        Noosa Plan i.e. without adverse effects on noise in the area.

        The measures required to do this are predominately operational in nature, and are therefore
        dependent on staff being very aware of the potential for noise generation, and pro-actively
        addressing it as required.

        Suggestions have been made to address potential noise sources, however these shouldn’t be
        considered to be exhaustive. In particular, the outdoor dining area could be improved considerably
        from an acoustical viewpoint with relatively simple additional construction.

The proposed changes pose no adverse impacts on the surrounding properties and land uses.


7. Restaurant Use Area

The proposed Entertainment and Dining Business - Type 1 Food & Beverages use comprises of a
modernisation of the internal and external fit-out of the existing food preparation and dining facilities,
and a change to the approved Use area of Unit 3. As per the enclosed architectural plans (Appendix A),
and artistic renderings (Appendix C) the proposal includes external and internal dining arrangements, take
away and gelato facilities. The proposed Use area is 67m2 and is able to be supported through the
adequate provision of carparking infrastructure as calculated in Table 1.

No increase to the building envelope is proposed. The refurbishment presents a contemporary design
which respects and complements the built form of surrounding development and the site’s coastal
context. The proposal will not result in any major disturbance to surrounding and adjacent land uses.

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8. Fee Calculation

Once receipt of the application has been confirmed we will organise payment of the application. Our
calculations for fees are as follows,

Type 1 Food and   Total use           Impact Fees                   Fee Calculation        Total
   Beverage         area

  Restaurant       207m2      100m2 use area = $5,515.00      $6,264.00                    $4,698

                              $7.00m2 use area thereafter =   25% reduction for MCU in
                                        $749.00               existing building = $1,566




9. Summary

In summary, the above request for a Development Permit – Material Change of Use to establish
Entertainment and dining business - Type 1 Food & beverages will result in a minor change to the use of
the site. Approval of the above Development Permit is recommended with reasonable and relevant
conditions.


We look forward to Council processing the application at its earliest convenience. Do not hesitate to
contact myself personally if you have any questions.

Kind Regards,




Russell Green MPIA
Managing Director

Page 6

                                    Annexure B




                                                                     ABN 50 319 930 318

                                                            www.roadpro.net.au

                                                                          P. 0416 132 501
                                                                 E. [email protected]
                                                       27 William St Rockhampton Q 4700
                                                       PO Box 1070 Rockhampton Q 4700


August 3, 2016


RG Strategic
Suite 8-10 Noosa Civic Commercial
28 Ernie Creek Road
Noosaville QLD 4566



Attention: Russell Green
Dear Russell,

Acoustic Assessment – A Little Birdie Café/Restaurant, Noosaville

1. Introduction

RoadPro Acoustics has been engaged by A Little Birdie via RG Strategic to assess the
potential acoustic impacts of a proposed café/restaurant at the corner of Gympie
Terrace and Weyba Road, Noosaville. This report has been prepared to support the
Development Application.

2. Site Location and Surrounding Environment

The café/restaurant will occupy a tenancy in a building on the corner of Gympie
Terrace and Weyba Road. The tenancy is surrounded by residential apartments
(including overhead), which are understood to be a mixture of holiday-let and
permanent residential. An aerial photograph of the site is shown in Figure 1 and
from the opposite side of Gympie Terrace in Figure 2.
The tenancy has previously been occupied by a takeaway outlet known as the “Elvis
Café”, but is presently unoccupied.
The “Red Emperor” fish and chip shop is approximately 15 m to the west of the
tenancy.


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                                                A Little Birdie




Figure 1            Aerial photograph of A Little Birdie café/restaurant




Figure 2            Street Front View – A Little Birdie



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3. Site Details and Description of Operation

The proposed operation is described in detail in the Town Planning Report. Details
pertinent to the acoustic assessment are summarized below.
The tenancy has internal and external components, however the external
component is of most interest for this assessment.
There is on-street parking along Gympie Terrace and Weyba Road for staff and
customers, and these roads appear to be generally quite busy. The foreshore also
appears to be generally quite busy with pedestrians.
The tenancy has roller doors to the street front, which are expected to remain open
during all operations.
Ambient music will be played inside the café/restaurant, however the tenancy is still
being fitted out and no sound system has been installed at present. It is not
proposed to have speakers in the outdoor area.
The proposed maximum hours of operation for the café/restaurant are 6:00 am to
10:00 pm Monday to Thursday, and 6:00 am to midnight Friday to Sunday.

4. Potential Noise Impacts

Potential noise sources associated with the café operation include:
         Vocalisations from patrons in the outdoor area;
         Music;
         Waste disposal;
         General operational sounds e.g. roller doors being opened and closed,
          sounds associated with dining such as cutlery, plates and glasses making
          contact with each other or another hard object, chairs moving etc.
The orientation of the tenancy towards the street with no sensitive receivers
opposite reduces the potential impacts of general kitchen noise and other sounds
generated inside.

5. Existing Acoustic Environment and Noise Criteria

Evening and night-time use of the site is of most interest for this assessment.
Background noise levels were measured during attended measurements on the
evening/night of Monday 25th July 2016 at the location shown in Figure 3.




RoadPro Acoustics                                                     ABN 50 319 930 318
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Figure 3            Background Noise Measurement Location

A measurement carried out at approximately 10:15 pm recorded a background LA90
noise level of 34 dB(A), and a second measurement carried out at approximately
1:15 am recorded a background noise level of 29 dB(A).
Ambient noise sources noted during the measurements were distant surf noise (only
audible during the later night-time), occasional vehicular traffic, and occasional flying
foxes. It is expected that the observed noise levels present a “worst case” (quietest
background) scenario, as it was a Monday evening outside of holidays, there was no
air movement, and the ambient temperature was estimated to be less than 15⁰C.
This results in less natural and human activity generally, but also fewer
neighbourhood mechanical plant (air conditioners) running.
While this assessment is not intended for submission as part of the Liquor Licence for
the café/restaurant, noise criteria that are generally consistent with the Liquor
Regulation 2000 are considered to be appropriate due to their historical and
effective application to noise from a broad range of hospitality venues in
Queensland. The noise criteria adapted from the Liquor Regulation 2000 for the site
are:
          Between 6.00am and 10.00pm – LA10, adj ≤ background level LA90 + 10dB(A)
          Between 10.00pm and 6.00am - LA10, adj ≤ background level LA90 + 5dB(A)




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Nominal daytime, evening and night-time background noise levels1 based on the
observed attended measurements, and the respective derived noise criteria are
provided in Table 1.
Table 1 Background Noise Levels and Criteria – Café Noise
                             Day (6.00am –    Evening (6.00pm –      Night (10.00pm –
                             6.00pm)          10.00pm)               6.00am)
General Criterion            LA90 + 10dB(A)   LA90 + 10dB(A)         LA90 + 5dB(A)
Background           Noise 40 dB(A)           35 dB(A)               30 dB(A)
Level LA90
Site-Specific                50 dB(A)         45 dB(A)               35 dB(A)
Criterion LA10,adj


It is noted that the “daytime” noise period as nominated in AS1055.2 begins at
7:00am. However, coast communities are often already active earlier than this, and
the shoulder period from 6:00am to 7:00am is not expected to be significantly
quieter than post-7:00am.
The Noosa Plan Planning Scheme Policy 14 Outdoor Dining provides the following
with regard to amenity:

“2.7 Amenity

a) Outdoor dining is to be in keeping with the character and amenity of the locality.

b) In existing well established commercial and tourist precincts such as Hastings
Street; Sunshine Beach; Noosa Junction and Gympie Terrace, outdoor dining is
encouraged.

c) In other areas assessment of outdoor dining will consider the impact the proposal
will have on adjoining residential and other land uses.”
The tenancy is located on Gympie Terrace and is understood to be a former take-
away outlet. The proposed use is therefore consistent with Council’s intent for the
area and historical usage of the site, albeit with longer trading hours than previous.

6. Potential Noise Levels

Vocalisation from patrons and music are generally the most significant potential
sources of noise complaint from food and beverage outlets, followed by operational
noise such as waste disposal late at night.

         Music
The café is not an entertainment venue, therefore the operator can exercise full
control over the level of music within the café without compromising its commercial
viability. This will be discussed further in Section 7 below.

1
 From AS1055.2-1997 Acoustics – Description and measurement of environmental noise Part 2:
Application to specific situations
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        Patrons
Patron noise from the outside area is expected to be dominant over noise from
inside the café/restaurant. The outdoor area of the tenancy could potentially
accommodate 30 people; therefore, it is conservatively assumed that up to 15
people could be talking simultaneously. People talking in a low-noise environment
will typically produce sound pressure levels in the order of 55 – 65 dB(A) at 1m from
the speaker2. Predicted patron noise levels at the nearest potentially affected
receivers are provided in Table 2. The additional attenuation included in calculations
for the apartment overhead consists of insertion loss of 8 dB(A)through the
weatherproof sail (based on measurements on-site using a small speaker as a noise
source), and 5 dB(A) barrier insertion loss from the balcony edge and balustrade.
Table 2 Predicted Patron Noise Levels
Receiver                       Approximate Distance   Additional            Predicted Patron
                               from Centre of Café    Attenuation           Noise Level Range
                               Outdoor Area
Apartment overhead             2m                     13 dB(A)              47 - 61 dB(A)
Adjoining apartments 3 m                              nil                   60 - 70 dB(A)
east and west



        Waste Disposal
Noise from waste disposal can be very intrusive, particularly if glass is being disposed
of. Glass bottles being emptied into a bin in an uncontrolled manner can produce
noise levels in excess of 100 dB(A) at 1m. Waste management procedures are not
yet finalized. However, it is apparent that all waste will be removed via the front of
the tenancy.

        Car Parking
The café/restaurant is in an area with ample on-street parking. Car parking
associated with the café/restaurant is therefore not a significant change to the
existing environment.

7. Assessment of Potential Noise Levels and Noise Management

       Music
Music is not a primary driver for the café business and can therefore be manipulated
considerably to suit the ambient acoustic environment without commercial risk.
Music should be played at a level that is difficult to hear from the in front of
adjoining residences.
It is understood that internal speakers only are proposed i.e. no speakers will be
located in the outdoor area. These should be directed inwards when mounted, with



2
 Lazarus, H. (1986) Prediction of verbal communication in noise – a review: Part 1 Applied Acoustics
Vol. 19 pp 439-464
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the volume limited after installation to a level commensurate with normal Council
and OLGR conditions as described above.

       Patrons
The calculated potential noise impact levels indicate that patrons conversing in the
outdoor area pose a risk of the criteria being exceeded during all time periods. It is
expected that during the daytime this is unlikely to be an issue, particularly given the
previous use of the tenancy. However, adjoining residents could reasonably be
expected to be more sensitive during the evening and night-time periods.
It should be noted that the calculations of potential noise from patrons is based on
the outside area at a likely maximum seating capacity, with one in two patrons
speaking simultaneously. However, patrons talking within the lower range of speech
levels, smaller groups of patrons, or fewer patrons speaking simultaneously (one in
three or one in four) will all be expected to produce significantly less noise.
The present configuration of the outdoor area limits noise management to limiting
use of the outdoor area by retaining most dining inside during the later evening
after, say, 8 pm.
Alterations to the outdoor area could be made that will significantly improve the
acoustic performance of the tenancy and allow much greater use of the site. To that
end, the following are suggested:
     1. Construct “wing” walls at the east and west extents of the outdoor dining
        area, extending from the façade wall of the building out towards Gympie
        Terrace (indicated in Figure 4 and Figure 5). These would need to be
        constructed to an acoustic barrier standard, and seal to both the ground and
        overhead cover for maximum effectiveness. To maintain visual amenity,
        these could be constructed of transparent material such as toughened glass
        or clear acrylic e.g. Perspex, provided they have a minimum surface density of
        10 kg/m2. The western side would require a door/gate if use of the access
        ramp was to be maintained. “Lift in/out” structures would even suffice,
        provided they maintained the required acoustical integrity. AND
     2. Improve the insertion loss of the overhead cover by replacing with a suitably
        massive sandwich panel or similar awning. Alternatively, a themed or
        decorative construction underneath the existing cover may be possible.




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Figure 4            Suggested Wing Wall Approximate Location (looking west)




Figure 5            Suggested Wing Wall Approximate Location (looking east)

A simple guide for gauging the level of noise from the outdoor area is that if
individual words in a conversation can be discerned from the front of residences at

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Page 14

night-time, there is potential for annoyance and steps should be taken to reduce the
noise from the patrons.
In the context of the historical use of the tenancy as the “Elvis Café”, the noise levels
predicted are expected to be similar to those previously experienced during the
daytime and evening. It is understood that previous café serviced large numbers of
customers, with groups of 30 to 40 people in the outdoor area not uncommon
during peak evenings. As a takeaway establishment, patron turnover is expected to
have been significantly greater than the present proposal. The previous tenancy
operating hours are understood to have been 6:00 or 6:30 am to 8:30 or 9:00 pm
without complaint.
The “Red Emperor” fish and ship shop 15 m to the west has a similar open layout to
A Little Birdie. It is understood to be very popular and regularly has 60+ customers
queuing or eating outside during peak periods. Again, it is understood that this
operation has not been subject to complaints.
The operation of A Little Birdie in a similar fashion to the “Elvis Café” is therefore not
expected to introduce an operation that is inconsistent with the established use of
the site and, with the inclusion of the measures described above, will achieve both
the goals of the business, and the dining opportunities and amenity intent of the
Noosa Plan.

       Waste Disposal
Disposing of waste in an unobtrusive manner can be easily achieved for a small
operation such as this, and the following suggestions are made to that end:
         Kitchen and café bins and liners should be small enough that the full liners
          can be lifted and placed into refuse bins outside, rather than tipped and
          dumped.
         The above is particularly important for glass.
         Opening and closing of refuse bins should be in a controlled manner, rather
          than simply lifted and dropped.
         Use plastic bins rather than metal so that any unintentional hitting or
          dropping won’t produce excessive noise.
         Keep the outdoor refuse bins close to the kitchen during high-use periods and
          preferably in a location that is shielded from nearby residences.

       General Operational Noise
Measures to control noise from the kitchen and other ancillary noise sources within
the café/restaurant should be identified and adopted on an ongoing basis e.g. rubber
foot pads on chair and table legs.
Roller doors can produce a rumble and metallic impact as the door reaches the
extremities of its range. These noises are generally directly associated with the speed
at which the door is rolled up or down, and its general condition. The 6.00am start
time and 10.00pm – midnight finish time for the café/restaurant makes this
particular noise important to control, which can easily be achieved by controlling the
speed at which the doors are operated.
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8. Summary and Conclusions

The proposed café/restaurant can be operated in a manner that achieves the
Outcomes of the Noosa Plan i.e. without adverse effects on noise in the area.
The measures required to do this are predominately operational in nature, and are
therefore dependent on staff being very aware of the potential for noise generation,
and pro-actively addressing it as required.
Suggestions have been made to address potential noise sources, however these
shouldn’t be considered to be exhaustive. In particular, the outdoor dining area
could be improved considerably from an acoustical viewpoint with relatively simple
additional construction.
The suggestions made within this report are put forward to minimise the potential
for annoyance caused by noise from the café/restaurant. Surveys have shown that
regardless of the noise source (industrial, traffic, commercial or residential), noise
complaints are most often made after the complainant is already so annoyed that
they are very difficult or impossible to appease, regardless of what measures are
implemented. It is therefore strongly advised that the operators of A Little Birdie pay
particular attention to noise during the first days and weeks after trading
commences in order to quickly establish what levels of noise the café will typically
produce and develop effective site-specific methods for noise control.
I trust this is sufficient for your present requirements. However, if you have any
further queries please contact me on 0416 132 51 or at [email protected] Sincerely




Joseph Carroll
B. Eng (Environmental) RPEQ (Civil) 7798
Member, Australian Acoustical Society




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                                        Annexure C


   Notice of Submission under the Sustainable Planning Act 2009
                              Case File Number: MCU16/0088




Applicant:             TWX Pty Ltd
                       C/- RG Strategic
                       PO Box 1818
                       Noosa Heads Qld 4567


Entity concerned:      BODY CORPORATE FOR OFFSHORE NOOSA CTS 24644




                                      STATEMENT

Name of Witness:             Geoffrey Douglas Harry
Date of Statement:               8 September 2016




   1. I am a member of the Committee and Chairman of the Body Corporate ("Body
      Corporate"). This Statement is provided in respect of the above Application
      ("Application").

   2. I have been an owner of an apartment at Offshore Noosa since 2005 and I have been
      the Chairman of the Body Corporate since 2007. My apartment is located in close
      proximity to a retail business (Red Emperor Cafe) located within the Offshore Noosa
      resort. I have direct experience with matters that arise from time to time related to the
      operation of both retail businesses on site and their impact on owners and guests.

   3. I am concerned about the impact of the Request for Development Permit ("Request")
      because I know from my experience that the Request has not fully addressed the
      impact of the proposed development on noise levels for owners and guests. The
      Offshore Community Titles Scheme has 32 lots, 30 of which are entirely residential in
      nature, and 2 of which are retail premises on the ground floor of the resort facing
      Gympie Terrace, surrounded entirely, both adjacent to and above, by residential
      accommodation. Because of the nature of the structure, noises emanating from the
      retail premises flow directly into surrounding apartments, thereby impacting the
      enjoyment of residents.

   4. From my experience, noises emanating from the retail premises arise from the
      following sources:
           (a) customers talking loudly whilst either waiting to be served or eating their meals
               at the tables provided;
           (b) customers dragging tables and chairs across the floors of the cafes;
           (c) music channelled through speakers at various locations within the two premises
               - the music source is usually radio and it operates the entire time the premises
               are operating, including after closing at night whilst staff clean up before going
               home;

                                                                                        Page 1 ob

Page 17

(d) café staff calling out orders to waiting customers;

(€) operation of cooking and odour extraction equipment, including fans, etc. Some
odour extraction equipment is flued through apartments situated above the
café. The Body Corporate has previous experience in dealing with vibrations
and noises that have flowed to these apartments from noisy fans, etc. located
in the café. The operator of the cafe at the time, and the owner of the premises,
would not address the concerns until the Body Corporate involved the council,
who measured the noise levels and confirmed they were excessive;

(f) operation of cooling and refrigeration equipment, which operates 24 hours per
day. The refrigeration equipment outside the rear of the proposed development
is housed in a temporary type structure that allows the noise to escape and
disturb the interior common areas of the resort. As a result, these noises can
be heard throughout much of the outside recreational areas at the resort
constantly;

(g) cleaning of equipment:

(h) loud talking amongst staff members of the retail businesses;

(i) parking of noisy delivery trucks in the loading zone on Gympie Terrace when
delivering goods to the retail premises — these are often in place for extended
periods whilst deliveries are made. Most of these noises emanate from air
conditioning equipment fitted to the tops of the vehicles;

(j) cleaning of grease traps for both businesses — the council requires that the
cleaning occurs before 7am. The cleaning apparatus is very noisy and cleaning
takes approximately 30 minutes each time it occurs — this is always done about
6am on weekdays and is highly disturbing to guests throughout the resort; and

(k) set up and close down of the businesses on a daily basis. This includes setting
up and storing away tables and chairs, which always includes dragging of those
items over hard floor surfaces.

The proposed development will lead to application for a full liquor license, which will
significantly add to these noise levels at all times, but even more so in the evenings.

5. The proposed positioning of the gelataria in the café is of concern. It will be located
near the bedroom wall of apartment two. The plans attached to the Request make no
allowance for the installation of sound deadening materials on the joint wall with
apartment two to reduce noise that may emanate from the gelataria. In recent years,
an owner of the same apartment complained of noises in the same area — on that
occasion the source of the noise was a coffee machine that had been placed against
the wall adjacent to the same bedroom in apartment two. We experienced great
difficulty in having the café operator take action to reduce noise levels.

6. The Body Corporate’s experience is that once permits have been issued, there is no
motivation or interest by operators in addressing noise concerns of owners and guests.
In addition, the operators always claim they cannot control noises caused by
troublesome or noisy customers.

7. Based on my own on site assessments, customers of the proposed café seated in parts
of the al fresco area will be able to see directly into the living, bedroom and balcony
areas of the ground floor adjacent apartments. This is an unacceptable breach of
privacy of guests and owners.

Signature:
Date: 6S

 

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