Submission from Body corporate for Offshore Noosa CTS 24644

The Body Corporate’s main concerns can be summarised as:

  (a)        the architectural plans for outdoor dining are inadequate to effectively deal with
             noise impacts and breaches of residents’ right to privacy; and
  (b)        the requested hours of operation are too extensive for an accommodation building of
             this type.

In support of the Body Corporate’s concerns, we submit that the Request is both inadequate
in the way it proposes to address and protect the existing amenity of residents, and
inaccurate in its description of scheme infrastructure and existing uses relied upon by the
applicant to support the proponents planning arguments.

3.2 Request for Development Permit

The Body Corporate has identified a number of inaccuracies in the Request:

        Car Parking

        A.     The applicant seeks an increase in the proposed use area for dining by 67m2 and
               proposed extended hours of operation.

               Justification for these increases are supported by a claim that there is adequate
               provision of existing car parking infrastructure ‘on-site’. The required car parking
               calculation for a Type 1 Food & Beverage operation is 1 car park space per 10
               m2. Extrapolated for a use area of 67 m2, 7 car parking spaces will be required
               (see Table 1 on page 3).

               The scheme has no ‘on-site’ car parking available for retail shop guests as is
               claimed by the applicant. All car parking spaces in the scheme are allocated to
               owners, guests or visitors to owners and guests for their exclusive use and all car
               park areas have secure access.

               Incorrect car parking allocations should not be relied upon to support increases in
               use areas for dining nor extended hours of operation (page 4).


The Body Corporate considers the Request incomplete in its assessment of impacts:

        Noise – Assessment of external components only

        A.     The Request is incomplete due to the limited focus of the reliant Acoustics Report
               stating that the external components are ‘of most interest for this assessment’.

               A brief reference in the Request to the installation of rubber foot pads on chair
               and table legs and the noises associated with the operation of the roller doors at
               opening and closing times is the only reference to noise abatement. No attention
               is given to ways in which the proposed café / restaurant intends to address noise
               arising from the daily set up, operation and close down of the business. The Body
               Corporate knows from previous experience on this site, and from experience with
               the other café operating nearby within the resort, that there is significant
               operational noise which continually disturbs guests in the resort.

               The Body Corporate also has extensive prior experience (and current experience,
               with regard to the other café on site) with the operators of both retail premises

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