Submission to Noosa Council re MCU15-0029, 2-18 Duke St. 15.06.15

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June 15, 2015

The Assessment Manager
Noosa Council

P.O. Box 141

Tewantin, Qld, 4565

RE: MCU15/0029 — 2/18 DUKE STREET, SUNSHINE BEACH, QLD, 4567

To Whom It May Concern

BOB & KERRY ROBERTS
171128 OXLADE DRIVE
NEW FARM

BRISBANE Q 4005

Ph: 07 3358 2820

Fax: 07 3254 3333

Mobile: Bob 0408 588 870
Kerry 0408 588 836

E-mail:

[email protected]

[email protected]

(In regard to the Application MCU15/0029 we note that on the Application Details the Council Officer is noted as

D Wallace.)

We, as Directors of BKL&B Pty Ltd, the owner of Unit 12, Sunshine Vista, 43 Duke Street, Sunshine Beach,
Qld, 4567 (Lot 12 BUP 9546) wish to object to the Application for the Material Change of Use, referred to
as MCU15/0029 in regard to the property at 2/18 Duke Street, Sunshine Beach, Qld.

Our objections are as follows:

1. Location:

The proposed Café — Bar is located in a mainly residential area of Sunshine Beach with:
e = Multi-unit residential buildings situated directly opposite across Duke Street.
e Non -—licensed Back Packer style accommodation directly across Douglas Street plus other

residential homes in Douglas Street

 Multi-unit residential to the rear of the premises across Douglas Lane

e The neighbouring commercial premises are offices, small! hairdressing salon and a coffee
shop. These businesses (including the coffee shop) operate during day time hours only.

e Existing cafes and bars in the Sunshine Beach ‘village’ are some distance away to the East
along Duke Street and given the geographical nature of their location they are down a hill
and facing to the south east thus protecting the part of the neighbourhood around 18 Duke

Street from patron and vehicle noise.

In summary; the proposed use is incongruous with the existing close neighbours.

2. Increased Traffic and Parking:

The proposed business use for the premises will increase traffic flow as customers are drawn to use
the facility. This will occur both during the day and at night.

The increased traffic at night and the early morning (premises will be opening at 6.00am) will create
an extra disturbance for those residential properties which are opposite the premises.

Being a bar operation open to midnight will obviously also increase the arrival and departure of
cabs late at night to drop off and pick up customers with the resultant noise caused by not only the

vehicle but also the opening and closing of the car doors.

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The issue of extra vehicles departing the area will only exacerbate the issue of vehicles pulling in
and out of the adjacent angle parking area. The problem of vehicles turning in and out of the area,
which is close to an existing roundabout, has recently resulted in a double line being placed in Duke
Street immediately in front of the angle parking area so as to limit this dangerous practice.

With parking in the area limited to street parking only there is a very real chance of cars parking on
footpaths and marked yellow line ‘no standing’ areas in Duke and Douglas Streets.

The Application’s Town Planning Report confirms that parking onsite is at the minimal level set by
Noosa Council’s Carparking Code (Section 5.2). The number of car spaces obviously being sufficient
for the current use of the premises. Obviously the extra staff required for a café-bar as well as
increased clientele will result in those persons parking on the street between 5.30am and
10.30/12.30pm.

A contribution to the Noosa Council for off street parking elsewhere in the Noosa Council area does
not offset the inconvenience that will be caused to the residents of Duke and Douglas Streets,
Sunshine Beach.

Increased Noise Issues:
Patron Noise:

e The requested Change of Use will alter the use of the premises from office/retail to a
Licensed Café — Bar and such a change will greatly increase customer numbers to the space
with the subsequent unavoidable increase in patron noise which will destroy the current
peaceful nature of the immediate surrounding, mainly residential, area.

e The indicated trading hours of 6.00am — 10.00pm Sunday to Thursday and 6.00am —
12.00pm on Friday and Saturday would seem to indicate an emphasis on a licensed bar style
operation especially on Friday and Saturday nights which will obviously result in much
higher levels of customer noise.

e The intention is to operate the proposed café-bar as an outside/kerbside facility, including
future use of the road reserve as indicated in the Town Planning Report (Item 5.1). This will
only serve to exacerbate the patron noise issue with no ability to restrict customers and
hence their noise to an internal area.

e Given the possibility of the emphasis on the operation of a licensed bar operation then the
indicated seating of 24 will not be a restriction on patron numbers as bar customers are
quite happy to stand. It has been noted that on previous ‘pop up’ style events at the
location up to 60 guests have been observed with the resultant level of noise creating quite
a disturbance for the immediate neighbours across Duke Street.

e The Dolphins Beach House/Backpackers across Douglas Street has always had strict curfews
on alcohol consumption onsite, however, the close proximity of the proposed café-bar may
well undermine the good intentions of the operators who obviously wish to control the
influence of alcohol on their accommodation business.

e Noise will be caused by patrons who wish to smoke but will obviously have to leave the
premises to do so. This will certainly result in patrons spreading along Duke and Douglas
Streets to have their cigarettes with the resultant noise caused by their talking creating a
further disturbance to nearby residents.

Operational Noise:
e Given the stated hours of trade and the outdoor nature of the business this will lead to extra

noise well before 6.00am and after midnight caused by the need to set up and put away
furniture and other equipment as part of the opening and closing procedures. As well there
will be a level of noise from staff conversing during these times.

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e There exists a real possibility of noise being created from extra catering style equipment
such as refrigeration compressors, exhaust fans, coffee machines. Some of this noise from
items such as compressors will continue to disturb the immediate residential properties
outside trading hours.

e Noise will be created by the collection of refuse caused by the operation of the premises on
a daily basis such as the emptying of bins full of empty bottles and the emptying bins of
kitchen refuse which may well contain bottles, cans and metal drums.

e Noise will occur during the necessary cleaning of the premises again which will be outside
the trading hours. This could include noise from vacuum cleaners, hosing of outside areas,
moving of furniture, emptying of bins.

e Extra noise will come about from the arrival, unloading of and departure of delivery
vehicles. Given the limited space to the rear of the promises this may well occur on the
Duke Street side of the premises.

Comments on Town Planning Report:
In the Town Planning Report prepared by the Applicant’s consultants Section 5.5 is headed
‘Acoustic Considerations’ and is worthy of comment and question:

e What is the detail of historical noise measurements referred to in Para. 2? That is, (a) when
were they done, (b) where were they done, (c) how were they carried out, (d) for what
purpose where they done and (e) what results were forthcoming from the measurements?
What was the purpose of the ‘noise sensitive receptor’ also referred to and what is their
significance to this Application?

e@ Mention is made in Para. 3 of the predominant wind direction being from the South East —
surely this would push any noise towards the homes and accommodation premises to the
North of the site?

Further the predominant wind during the summer months is most likely a Northerly which
will push any sound towards the residential building across the other side of Duke Street,
i.e., Sunshine Vista.

e In Para. 4, comment is made that future noise ‘can be demonstrated to still fall within
considered acceptable levels’ — How? Further, what is the measure of ‘considered
acceptable levels’? This comment is nothing more than a ‘Motherhood Statement’.

e Para. 5 deals with operational noise:

a) Bullet point 1 about the servicing of equipment is a nonsense as this thought would
never occur to an operator who has been trading for some time.

b) Bullet point 2 is confirmation that a café-bar operation requires noisy equipment as
alluded to above.

c) Bullet points 3, 4 &5 may well occur on opening, but how will the Noosa Council
ensure that the original operator and any subsequent operators continue to comply
with such requirements. The ability to enforce such regulations on subsequent
operators is nigh impossible for Government authorities both Local and State.

d) Bullet point 6, for our comment on this refer to Page 2.

4. Effect on Our Property:
As noted, we are the owners of Unit 12, Sunshine Vista, 43 Duke Street, Sunshine Beach which is
located directly opposite 2/18 Duke Street. We have owned the property for the past eight years.

We decided to buy into Sunshine Vista after spending a considerable amount of time reviewing
what was available throughout the Noosa/Sunshine Beach area. We decided on Sunshine Beach for
its village feel after rejecting properties in the busy environs of central Noosa and Noosaville.

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We looked at units located both opposite and above the retail/café area of Sunshine Beach but
specifically chose not to purchase there due to the disturbance those businesses may create.
We decided on investing in Sunshine Vista after staying at the complex and noticing the obvious
peace and quiet of the site despite being quite close to the Sunshine Beach Village.

Prior to purchasing at Sunshine Vista, 43 Duke Street, we carried out a number of searches
including confirmation of the Zoning of the property opposite. The results of these searches
provided the comfort to us that we wouldn’t be subjected to the possible noise and disruption that
may emanate from a space zoned ‘Entertainment and Dining Business’. Based on that advice we
decided to proceed with the purchase of our property.

We take advantage of our unit for personal and family use especially at the peak holiday times of
Christmas and Easter as well as for periods on approximately a monthly basis. However, we also
make the property available for holiday rentals whenever we aren’t planning to use the unit. It
must be noted that we have a number of repeat tenants who come to stay in our unit as do other
units within Sunshine Vista.

Any decision by the Noosa Council to approve the Application for a Material Change of Use at 2/18
Duke Street will severely affect not only our right to the ‘quiet enjoyment’ of our property but also
the financial viability of maintaining ownership of the property given the offset of costs such as
Council Rates and Body Corporate Fees that we achieve from our rental income.

Should the Noosa Council approve this totally inappropriate use of 2/18 Duke Street, we as the
owners of Unit 12, Sunshine Vista, will closely monitor our rental bookings especially those of
repeat clients. If it becomes obvious that we are being affected financially, not to mention any loss
of personal satisfaction in using our unit, then we will look to what recourse is available to us
should the Noosa Council approve this Application.

. Conclusion:

In assessing this Application we urge you to give serious consideration to the comments/objections
we have put forward by way of comment on MCU15/0029.

Do not be mistaken this is not an intention to provide a small café-coffee shop this is an attempt
to create a LICENSED BAR. The site already has a history of being used outside Council guidelines
and this is an attempt to ‘legalise’ what has occurred previously without any approvals being
sought on those occasions.

Should you require clarification on any matter we have raised or you wish to comment on any
questions we have put forward please feel free to contact us on the email addresses or contact
numbers provided.

Finally, we hope that this Application is rejected for the benefit of all the residents and property
owners who would be affected by this requested Change of Use.

KC, Reber TK

J.Roberts K.C. Roberts
Director BKL&B Pty Ltd Director BKL&B Pty Ltd

 

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