2021-03-09 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      9 MARCH 2021




                         Figure 1: Adjoining High Density Residential zoned land

The proposal to change the operating hours to ‘6am to 10pm, 7 days a week, except Friday and
Saturday, where Entertainment and Dining Business Uses may operate until 12 midnight’ does not
comply with Acceptable Outcome AO11.1. Corresponding Performance Outcome PO11 of the
Business Activities Code states:
      Business activities are operated in a manner that avoids or minimises evening, early morning
      or weekend noise nuisances to sensitive land uses, particularly surrounding residential uses.
It is considered the earlier operating hours would result in early morning noise nuisances to the
adjoining multiple dwelling units to the east. It is noted that Council has received a noise compliant
regarding one of the existing tenants at the property operating outside of the conditioned operating
hours citing amenity concerns about early start times. Additionally, the existing condition allows for
all businesses within the building to operate until 10pm, and Entertainment and Dining businesses
(now defined as Food and Drink outlet under Noosa Plan 2020) to midnight on Fridays and
Saturdays, which is in excess of the Noosa Plan 2020 provisions which requires a 9pm close time,
seven days per week, for all uses.
In addition, Council’s Strategic Planning team have also provided the following comment:
      The subject site is located in the Tourist Accommodation Zone in Noosaville. Although
      properties fronting Thomas St and Gympie Tce in the immediate locality are mostly
      commercial premises, the area generally is surrounded by residential development, with the
      site immediately adjoining the High Density Residential Zone. The Tourist accommodation
      zone is considered a Residential Zone, and therefore any development should be operating
      within what is considered reasonable hours to ensure any amenity impacts for the operation
      are appropriate and what can be expected in the zone. The operating hours within the
      planning scheme are considered to reflect this. A business operating at 5.30am which adjoins
      a residential development is not considered appropriate and likely to negatively impact on
      the purpose and expectations of residents in this zone.
As such, it is recommended Condition 16 remain unchanged.

CONDITION 24 – BUILDING DESIGN
24.   The building must be well articulated, with strong vertical design feature elements. The
      building must include subtle changes in colours, textures and materials to break up the
      building facades. The proposed awning located within the road reserve must be a lightweight
      structure, and the parapet reduced in height to the reasonable satisfaction of the Manager

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