Submission from Body corporate for Offshore Noosa CTS 24644

           (b)   staff working outside of normal operation hours, e.g. setting up prior to
                 opening and cleaning up after close;
           (c)   noises associated with the cooking process eg. Extractor fans with flues
                 that extend vertically up through residential apartments;
           (d)   ordering process, e.g. whether or not the outdoor dining is table service,
                 calling out of takeaway orders, etc;
           (e)   use of the back of the shop area near the residential bedrooms; and
           (f)   transfer of noise through the structure of the building (including ceilings) to
                 other areas.

     C.    Under ‘Existing Acoustic Environment and Noise Criteria’ (page 3 of 10), the
           report assessed the ‘background noise levels’ measured from across the street
           without taking into consideration noise levels measured from where they enter
           the apartments directly above or adjacent to the cafe.

           The Chairperson’s Statement (“Annexure C”) provides a detailed summary of
           why these extra noise sources are crucial to be considered in the development
           approval application process for a retail unit that has residential units directly
           above, adjacent and behind. The fact that these issues have not been considered
           nor assessed for adverse impacts within the Acoustics Report lowers the
           reliability of the report greatly.

The proposed extension to operation hours is also a major concern of the Body Corporate.
The Acoustics Report makes a number of statements that are either inaccurate or
exaggerated when it comes to trading hours and existing building harmony:

     Operational hours – History of noise issues

     D.    The previous tenant of Unit 3, the ‘Riva Café’, was a take-away food outlet with
           operational hours of 7.30am to 8.30pm (not the 6.00 or 6.30am claimed in the
           Acoustics Report). The scheme’s other commercial unit, the ‘Red Emperor’, is
           also a take-away food outlet with operational hours of 9am to 8pm.

           The Acoustics Report inaccurately claims that there have been no previous noise
           issues between the Body Corporate and these commercial operators. On page 9
           of 10 of the Acoustics Report, the statement that the previous tenancy operated
           without complaint is unsubstantiated and contrary to the Chairperson’s
           Statement. Likewise, the levels of patronage even at the busiest of seasons
           rarely result in the numbers quoted in the Acoustic Report.

           Further, a history of noise related issues resulted in the engagement of Bugden
           Legal in June 2016 to re-draft the scheme By-laws (prior to the Request for
           Development Permit). Strengthening the enforcement of noise and other
           behavioural issues within the scheme, particularly those emanating from the
           commercial units, was the primary driver of that engagement. To claim that the
           scheme has not experienced regular complaints regarding noise from the
           commercial operations is completely unfounded.




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