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2021-05-20 Ordinary Meeting Agenda
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AGENDA
Ordinary Meeting
Thursday, 20 May 2021
commencing at 5pm
Council Chambers, 9 Pelican Street, Tewantin
Crs Clare Stewart (Chair), Karen Finzel, Joe Jurisevic, Amelia Lorentson,
Brian Stockwell, Tom Wegener, Frank Wilkie
“Noosa Shire – different by nature”
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Section 2
ORDINARY MEETING AGENDA 20 MAY 2021
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 MAYORAL MINUTES 3
4 PETITIONS 3
5 NOTIFIED MOTIONS 3
6 PRESENTATIONS 3
7 DEPUTATIONS 3
8 CONSIDERATION OF COMMITTEE REPORTS 4
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 11 MAY 2021 4
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 11 MAY 2021 7
3 GENERAL COMMITTEE MEETING REPORT – 17 MAY 2021 9
9 ORDINARY MEETING REPORTS 13
1 FURTHER REPORT - MCU20/0106 – REPRESENTATIONS TO DEVELOPMENT
PERMIT FOR MATERIAL CHANGE OF USE FOR A FOOD & DRINK OUTLET AT
1 ARCADIA ST, NOOSA HEADS 13
10 CLOSED SESSION 18
11 PUBLIC QUESTION TIME 18
12 NEXT MEETING 18
13 MEETING CLOSURE 18
Page 2 of 18
Section 3
ORDINARY MEETING AGENDA 20 MAY 2021
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Ordinary Meeting held on 15 April 2021 be received and confirmed.
The Minutes of the Special Meeting held on 23 April 2021 be received and confirmed.
3 MAYORAL MINUTES
4 PETITIONS
5 NOTIFIED MOTIONS
Nil.
6 PRESENTATIONS
Nil.
7 DEPUTATIONS
Nil.
Page 3 of 18
Section 4
ORDINARY MEETING AGENDA 20 MAY 2021
8 CONSIDERATION OF COMMITTEE REPORTS
1 PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT – 11 MAY 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Brian Stockwell (Chair)
Cr Karen Finzel
Cr Tom Wegener
Cr Clare Stewart
Cr Lorentson (non-Committee Councillor)
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 OPW20/0114 PLANNING & ENVIRONMENT COURT APPEAL NO. D209 OF 2020 -
REFUSAL OF AN APPLICATION FOR OPERATIONAL WORKS - JETTY AT 1/4 PORTSIDE
CT, NOOSAVILLE
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 May 2021 regarding Planning & Environment Court
Appeal No. D209 of 2020 and agree to settle the appeal generally in accordance with the
following conditions:
Approved Plans
1. Development undertaken in accordance with this approval must generally comply with
the approved plans of development. The approved plans are listed in the following table
unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
20.046 Sheet 1 of 2 E Site Plan prepared by Kunkel Building Design 6 August 2020
Sheets
20.046 Sheet 2 of 2 E Floor Plan, Floor Framing Plan & Typical Section 6 August 2020
Sheets prepared by Kunkel Building Design
Currency Period
2. The development approval lapses if the works have not been completed and all
conditions of approval been complied with by 20 May 2023, unless an application to
extend the currency period is approved by Council.
Site Specific Conditions
3. The approved plans must be certified by a suitably qualified Registered Professional
Engineer of Queensland (RPEQ) as being suitable for the intended use prior to the
commencement of construction. A copy of the certified plans must be submitted to
Council for records purposes.
4. The Registered Professional Engineer of Queensland (RPEQ) bears full responsibility
for all structural aspects of the jetty.
General Conditions
5. All structures must be designed and constructed such that they are free standing within
Page 4 of 18
Section 5
ORDINARY MEETING AGENDA 20 MAY 2021
the waterway and are not connected to or behind the revetment wall.
6. All structures must have no detrimental effects on stormwater drains and/or easements.
7. Jetties must have a level-walking surface of R.L 1.000 A.H.D or be level with the top of
the revetment wall.
8. A rigid handrail must be fitted on one side of the walkway.
9. No posts or vertical supports of the proposed jetty are to extend vertically from the
structure unless they provide necessary support for the handrail.
10. No boatlifting devices are to be attached or moored at the jetty structure for the purpose
of elevating a vessel above the water without Council approval.
11. There must be no electrical reticulation system carrying electricity in excess of 24 volts
beyond the revetment wall unless all switches and power outlets are positioned above
the 1%AEP flood level.
12. Lighting associated with the use must be designed, installed, operated, and maintained
in accordance with Section 3 of AS4282 Control of the Obtrusive Effects of Outdoor
Lighting.
13. Rock scour protection, wrapped in geotextile, extends from 750mm up to approximately
5000mm from the face of the revetment wall in Noosa Waters. Piles are to be:
a. Located clear of this rock protection where applicable; or alternatively
b. Where the scour protection extends beyond 750mm:
i. Prior to driving piles, the rocks are to be removed to expose the geotextile
and the geotextile cut neatly to allow it to be turned back. During pile driving,
care is to be taken to ensure the geotextile is not damaged. At the completion
of pile driving, the fabric is to be turned down around the pile and the rocks
replaced around the piles
14. The jetty is to be used for private purposes only with no commercial operations to be
undertaken.
15. Boat repair activities are not permitted on site.
16. Wastewater and sullage must only be disposed of at approved pumpout facilities.
17. The mooring facility must not be utilised for live-aboard purposes, including short term
accommodation.
18. Any construction and post construction activity is not to impact on the condition of the
waterway, and is to be conducted so as not to breach the Environmental Protection Act
EPA (1994) and the Environmental Protection (Water) Policy 2009.
19. Certification by a Registered Professional Engineer of Queensland that states that the
jetty is constructed in accordance with best practice methods and is structurally sound
must be submitted to Council. This certification must be submitted to Council within three
(3) months of the completion of the works. A final inspection and approval of the structure
by Council’s Inspector is also required. Please contact Council’s Development
Assessment Branch on 5329 6500 to arrange the inspection.
20. After completion, the proposed works must be maintained in a sound state of repair in
accordance with the approved plans
Performance Bond
21. Security in the form of a cash bond or trading bank guarantee to the sum of $2500 must
be submitted to Council, to secure performance of all conditions of this approval, prior to
commencement of works. The cash bond or trading bank guarantee will be returned on
performance of the conditions of approval less any costs incurred by Council in respect
of enforcing performance of this permit. Council reserves the right to call upon the bond
or guaranteed sum to effect compliance with conditions.
Page 5 of 18
Section 6
ORDINARY MEETING AGENDA 20 MAY 2021
2 MCU20/0106 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR A FOOD & DRINK OUTLET AT 1 ARCADIA ST, NOOSA HEADS
That the Planning and Environment Committee Agenda Item 2 be referred to the General
Committee due to the significance of the issue.
3 PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY – MARCH 2021
That Council note the report by the Development Assessment Manger to the Planning &
Environment Committee Meeting dated 11 May 2021 regarding planning applications that have
been decided by delegated authority.
4 ENVIRONMENT AND SUSTAINABLE DEVELOPMENT DEPARTMENT UPDATE – 3RD
QUARTER 2020-21
That Council note the report by the Acting Director Environment and Sustainable Development
to the Planning and Environment Committee Meeting dated 11 May 2021 providing an update
on operations of the Environment and Sustainable Development Department for the period 1
January 2021 to 31 March 2021.
Committee Recommendation
That the report of the Planning & Environment Committee dated 11 May 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 6 of 18
Section 7
ORDINARY MEETING AGENDA 20 MAY 2021
2 SERVICES & ORGANISATION COMMITTEE MEETING REPORT – 11 MAY 2021
ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Joe Jurisevic (Chair)
Cr Amelia Lorentson
Cr Clare Stewart
Cr Tom Wegener (non-Committee Councillor)
Cr Karen Finzel (non-Committee Councillor)
EXECUTIVE
B de Chastel, Chief Executive Officer
B O’Connor, Acting Director Infrastructure Services (for reports 3 - 4)
M Shave, Director Corporate Services (for reports 5 - 6)
D Iezzi, Director Executive Services (for report 7)
K Contini, Director Community Services (for report 8)
APOLOGIES
Cr Frank Wilkie
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF THE SUNSHINE
COAST
That Services & Organisation Committee Agenda Item 1 be referred to the General Committee
due to the significance of the issue.
2 CEO TRANSITION TO RETIREMENT
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 May 2021 and:
A. Note the advice from the CEO that he proposes to retire on 2 February 2022; and
B. Council commence a recruitment process for a new CEO with a view to having a decision
on his replacement by October 2021 to enable a smooth transition to occur.
3 CAPITAL PROGRAM DELIVERY STATUS – APRIL 2021
That Council note the report by the Asset Planning Coordinator to the Services & Organisation
Committee Meeting dated 11 May 2021 providing an update on the status of the 2020/21
Capital Works Program to 27 April 2021 including the progress of the $4.6m of COVID recovery
funding projects and maintenance activities and the $1m funding (of a total $1.99m) assigned
to this financial year for the Local Roads Community Infrastructure (LRCI) grant.
Page 7 of 18
Section 8
ORDINARY MEETING AGENDA 20 MAY 2021
4 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE – 3RD QUARTER 2020-21
That Council note the report by the Acting Director Infrastructure Services to the Services &
Organisation Committee Meeting dated 11 May 2021 providing an update on operations of the
Infrastructure Services Department for the period 1 January to 31 March 2021.
5 JANUARY 2021 RATE LEVY OVERVIEW
That Council note the report by the Manager Revenue Services to the Services & Organisation
Committee Meeting dated 11 May 2021 providing an overview of the January 2021 Rate Levy.
6 CORPORATE SERVICES DEPARTMENT UPDATE – 3RD QUARTER 2020-21
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 11 May 2021 providing a Corporate Services Department update
for the period 1 January to 31 March 2021.
7 EXECUTIVE SERVICES DEPARTMENT UPDATE – 3RD QUARTER 2020-21
That Council note the report by the Director Executive Services to the Services & Organisation
Committee Meeting dated 11 May 2021 providing an update on the operations of the Executive
Services Department for the period 1 January to 31 March 2021.
8 COMMUNITY SERVICES DEPARTMENT UPDATE – 3RD QUARTER 2020-21
That Council note the report by the Director Community Services to the Services &
Organisation Committee meeting dated 11 May 2021 providing an update on the operations
of the Community Services Department for the period 1 January to 31 March 2021.
9 OPERATIONAL PLAN PROGRESS REPORT – 3RD QUARTER 2020-21
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 May 2021 providing an update on progress with the
implementation of the Operational Plan to 31 March 2021 and details of Council’s Key
Performance Indicators.
Committee Recommendation
That the report of the Services & Organisation Committee dated 11 May 2021 be received and the
recommendations therein be adopted except where dealt with by separate resolution.
Page 8 of 18
Section 9
ORDINARY MEETING AGENDA 20 MAY 2021
3 GENERAL COMMITTEE MEETING REPORT – 17 MAY 2021
1 ATTENDANCE & APOLOGIES
COUNCILLORS
Cr Frank Wilkie (Chair)
Cr Karen Finzel
Cr Joe Jurisevic
Cr Amelia Lorentson
Cr Clare Stewart
Cr Brian Stockwell
Cr Tom Wegener
EXECUTIVE
B de Chastel, Chief Executive Officer
A Dow, Acting Director Environment and Sustainable Development
M Shave, Director Executive Services (for report 6)
COMMITTEE RECOMMENDATIONS TO COUNCIL
1 MCU20/0106 – REPRESENTATIONS TO DEVELOPMENT PERMIT FOR MATERIAL
CHANGE OF USE FOR A FOOD & DRINK OUTLET AT 1 ARCADIA ST, NOOSA HEADS
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 May 2021 regarding representations made in
relation to Application No. MCU20/0106 for a Development Permit for Material Change of Use
- Food and drink outlet situated at 1 Arcadia St Noosa Heads and
A. Agree to amend conditions 3, 6 and 9 to read as follows:
3. The approved use must not operate outside the hours of 6am to 12am, 7 days a
week, except that use of the outdoor dining must cease at 10pm Sunday to
Thursday.
6. Amplified music must cease to operate in outdoor spaces by:
a. 9pm Sunday – Thursday
b. 10pm Friday and Saturday
9. Any solid structure for the required planter boxes/pots must have an interesting finish to
enhance the softening effect of the landscaping.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
defer consideration of the application to the Ordinary Meeting for consideration of a Further
Report addressing the following issues:
A. More information about what different noise levels mean in practical terms and in the
context of this application at Noosa Junction; and
B. An indication of relevant similar conditions in recent approvals for hospitality operations
in the Noosa Heads, Noosa Junction, Noosaville and Sunshine Beach areas.
Page 9 of 18
Section 10
ORDINARY MEETING AGENDA 20 MAY 2021
2 MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF THE SUNSHINE
COAST
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 May 2021 and:
A. Agree to enter into a Memorandum of Understanding with the University of the Sunshine
Coast which will enable Noosa Council and the University of the Sunshine Coast to
develop a productive long-term working relationship with the opportunity to develop
specific projects that will benefit both parties;
B. Appoint the Chief Executive Officer as Council’s Co-Chair of the Management
Committee under the Memorandum of Understanding; and
C. Appoint Cr < > as Council’s representative on the Management Committee Have rotating
Councillor representation on the Management Committee on an annual basis with the
following councillors to undertake that role in this order:
1. Cr Finzel
2. Cr Lorentson
3. Cr Wegener
D. Request the Chief Executive Officer and the relevant Councillor to provide a report to
Council on an annual basis regarding progress and actions taken in respect of the
Memorandum of Understanding with the University.
3 SPS21/0017 - REQUEST TO APPLY SUPERSEDED PLANNING SCHEME -
RECONFIGURING A LOT (1 LOT INTO 4 LOTS AND DRAINAGE RESERVE) AT 11C
CHURCH STREET, POMONA
That Council note the report by the Coordinator Planning to the General Committee Meeting
dated 17 May 2021 regarding a Request for Superseded Planning Scheme - Reconfiguring a
Lot (1 lot into 4 lots and drainage reserve) at 11C Church Street, Pomona and not agree to the
Request to apply the Superseded Planning Scheme and that Council indicate a preference for
the area identified as a drainage reserve to be a reserve for environment purposes to link to
the upstream areas zoned for this purpose.
4 COMMERCIAL HIGH USE PERMITS – TENDER ASSESSMENT (T000037)
In accordance with Chapter 5B of the Local Government Act 2009, Cr Jurisevic provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Jurisevic inform the meeting that I have a declarable conflict of interest in this matter as I have a
long standing friendship with Fiona Tarr who is one of the owners of Tarr’s Enterprises Pty Ltd t/as
Adventure Sports Kitesurf Australia who are the selected tenderer for the Kite Surfing Lessons high use
permit. Fiona and I served on the Sunshine Beach High School P&C Executive committee together for
several years and our sons were in the same year at the High School and are friends. Our family have
attended social gatherings and celebrations with the Tarrs at their residence and at local eateries over
the years. Whilst we no longer share school P&C committee roles and our contact is less frequent, we
remain in contact, principally through social media, and our sons retain their friendship. As a result of
my conflict of interest I will leave the meeting room while the matter is considered and voted on.
Page 10 of 18
Section 11
ORDINARY MEETING AGENDA 20 MAY 2021
In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
declaration to the meeting of a declarable conflict of interest in this matter:
I, Cr Lorentson inform the meeting that I have a declarable conflict of interest in this matter as my children
are both trained by Noosa Surfing Academy, who is listed as a tender applicant for one of the High Use
Commercial Permits. Although I have a declarable conflict of interest, I do not believe a reasonable
person could have a perception of bias because I believe I do not have a close personal relationship
with Noosa Surfing Academy. Therefore, I will choose to remain in the meeting room. However, I will
respect the decision of the meeting on whether I can remain and participate in the decision.
That Council note the report by the Property Advisor to the General Committee Meeting dated
17 May 2021 regarding the Commercial High Use Permits tender assessment and:
A. Issue five year Commercial High Use permits commencing 1 July 2021 to the following
eight recommended Permittees:
Activity Recommended Permittees
Learn to Surf Noosa Main Beach (West) 1 Surf Skills Pty Ltd t/as Noosa Learn to Surf (No
change)
Learn to Surf Noosa Main Beach (West) 2 Go Ride A Wave Pty Ltd t/as Noosa Surf
Lessons and Go Ride A Wave (No change)
Beach Equipment Hire – Main Beach Dorajar Pty Ltd t/as Noosa Beach Surf Hire
(No change)
Beach Equipment Hire – Rock Wall (Middle Go Ride A Wave Pty Ltd t/as Noosa Surf
Groyne) Lessons and Go Ride A Wave Pty Ltd (No
change)
Snacks and Drinks Refreshment Van – First Point Noosa Frenzy Ice Cream (No change)
Snacks and Drinks Refreshment Van - Noosa Spit Kiwi Fish Pty Ltd (New permittee)
Beach Massage – Noosa Main Beach Amanda Obara (No change)
Surf Dancing – Noosa Main Beach (West - Surfdancer Pty Ltd t/as Surfdancer (No
between rockwalls) change)
Kite Surfing Lessons – Noosa River Mouth & Tarr’s Enterprises Pty Ltd t/as Adventure
other locations Sports Kitesurf Australia (No change)
B. Agree to discontinue the permit activity for kayak tours and hire from Noosa Main Beach
West due to lack of interest.
C. Request the CEO to bring forward a report addressing amendment of Council’s existing
Commercial Use of Community Land Policy to reflect the outcomes of the tender process,
including the change to five year terms and the agreed permit activities.
D. Advise all new Learn to Surf, Beach Hire and Surf Dancing Permittees of the upcoming
Noosa World Surfing Reserve “Surfers Code of Conduct” and the need for their
businesses to align with the Code once adopted.
5 CERTIFIED AGREEMENT NEGOTIATION PROCESS
That Council note the report by the People and Culture Manager to the General Committee
Meeting dated 17 May 2021 providing an update on the Certified Agreement negotiation
process and authorise the Chief Executive Officer to finalise the Noosa Shire Council Certified
Agreement.
Page 11 of 18
Section 12
ORDINARY MEETING AGENDA 20 MAY 2021
6 FINANCIAL PERFORMANCE REPORT – APRIL 2021
That Council note the report by the Director Corporate Services to the General Committee
Meeting dated 17 May 2021 outlining April 2021 year to date financial performance against
budget, including performance against key financial sustainability indicators.
Committee Recommendation
That the report of the General Committee dated 17 May 2021 be received and the recommendations
therein be adopted except where dealt with by separate resolution.
Page 12 of 18
Section 13
ORDINARY MEETING AGENDA 20 MAY 2021
9 ORDINARY MEETING REPORTS
1 FURTHER REPORT - MCU20/0106 – REPRESENTATIONS TO DEVELOPMENT PERMIT
FOR MATERIAL CHANGE OF USE FOR A FOOD & DRINK OUTLET AT 1 ARCADIA ST,
NOOSA HEADS
Author Manager Development Assessment, Kerri Coyle
Environment & Sustainable Development
Index ECM/ Application/ MCU20/0106
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 May 2021 and the Further Report to the Ordinary Meeting
dated 20 May 2021 regarding representations made in relation to Application No. MCU20/0106 for
a Development Permit for Material Change of Use - Food and drink outlet situated at 1 Arcadia St
Noosa Heads and:
A. Agree to amend conditions 3, 6 and 9 to read as follows
3. The approved use must not operate outside the hours of 6am to 12am, 7 days a week,
except that use of the outdoor dining must cease at 10pm Sunday to Thursday.
6. Amplified music must cease to operate in outdoor spaces by:
a. 9pm Sunday – Thursday
b. 10pm Friday and Saturday
9. Any solid structure for the required planter boxes/pots must have an interesting finish
to enhance the softening effect of the landscaping.
B. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016
REPORT
Council at its General Committee meeting considered a report requesting a Negotiated Decision
Notice for a restaurant at 1 Arcadia Street, Noosa Heads. At the meeting there was considerable
discussion about the recommended hours of operation, including whether the restaurant should be
permitted to operate 7 days a week to midnight both internally and in the outdoor dining area and if
so whether noise conditions prepared by Council’s Environmental Health Coordinator should be
imposed including:
15. Noise emanating from the internal premises and outdoor dining area including amplified or
non-amplified noise and patron noise must not exceed 75 dB(C) between 6.00am to 12.00am
fast response, when measured approximately 3 metres from the primary source of the noise.
16. Entertainers or speakers used to amplify noise must not be located in any outdoor dining
area.
17. All amplified noise at the premises must be conducted through a sound limiting device at all
times to ensure that noise does not exceed levels prescribed in the conditions of a licence.
Page 13 of 18
Section 14
ORDINARY MEETING AGENDA 20 MAY 2021
18. The sound limiting device is to have a locking mechanism, which is to be locked at all times
except for inspection or maintenance work on the device.
19. Access to the sound limiting device, except for maintenance work, is restricted to the
licensee, nominee and the person in charge of the premises at any time.
20. The sound limiting device must be checked and if necessary calibrated by a qualified acoustic
engineer at least every 12 months to ensure compliance with the conditions of this licence.
Evidence of the sound limiting device calibration must be made available to an authorised
person on request.
Council also discussed undertaking a future review of the operating hours for Noosa Junction,
including outdoor dining requirements as part of the next package of amendments to the Noosa Plan
2020.
In the circumstances the General Committee meeting deferred consideration of the application to
the Ordinary Meeting to allow a Further Report to be presented addressing the following issues:
A. More information about what different noise levels mean in practical terms and in the context
of this application at Noosa Junction; and
B. An indication of relevant similar conditions in recent approvals for hospitality operations in
the Noosa Heads, Noosa Junction, Noosaville and Sunshine Beach areas.
Meaning of Noise Levels
The typical volumes for common forms of entertainment are listed in the following table.
Volume
Source
(decibels relative to the carrier)
Person talking normally at 1m 60-65 dBc
Piped restaurant music 65-75 dBc
Video disk background music 80-95 dBc
Soloists/duos 85-105 dBc
Other small bands 95-110 dBc
Small rock band 105-120 dBc
Other Similar Noise Conditions
There have been very few development approvals issued in recent years for restaurants or the like,
that have similar relevant conditions. The following are 3 examples for Council’s consideration:
Sunshine Beach Surf Club Conditions
8. All amplified noise at the premises must be conducted through a sound limiting device at all
times to ensure that noise does not exceed the following:
i. between 6a.m. and 10p.m.—the adjusted maximum sound pressure level LA10, plus
adjustments for tonal and impulse components, exceeding the background level LA90
by more than 10dB(A);
ii. between 10p.m. and 6a.m.—the sound pressure level LOCT10, in a full octave band
with centre frequencies from 63HZ to 2000HZ, exceeding the background level
LOCT90 by more than 8dB in any octave band.
Page 14 of 18
Section 15
ORDINARY MEETING AGENDA 20 MAY 2021
Condition 8 i and ii shall apply for 12 months commencing 22 May 2020, unless
further extended by Council in writing. After that time if not extended by Council in
writing condition 8 iii and iv shall apply:
iii. Noise emanating from the premises including amplified or non-amplified noise and
patron noise prior to 10.00pm must not exceed 90dBC, fast response, when
measured approximately 3 metres from the source of the noise; and
iv. Noise emanating from the premises including amplified or non-amplified noise and
patron noise after 10.00pm must not exceed 85dBC, fast response, when measured
approximately 3 metres from the source of the noise.
9. The sound limiting device is to have a locking mechanism, which is to be locked at all times
except for inspection or maintenance work on the device.
10. Access to the sound limiting device, except for maintenance work, is restricted to the
licensee, nominee and the person in charge of the premises at the time.
11. The sound limiting device must be checked and if necessary calibrated by a qualified acoustic
engineer at least every 12 months to ensure compliance with the conditions of the license.
Evidence of the sound limiting device calibration must be made available to an investigator
or police on request.
14. The use may operate 7 days a week from 10am to 12am (with the exception of New Year’s
Eve where it may operate until 2am). The outdoor dining area is not to be utilised after 10pm.
Bounce Backpackers in Mary St, Noosaville
7. For the first 12 months of operation the use of the pool/sundeck area must not occur outside
of the hours of 7am to 10pm. The approved hours will revert to 7am to 9pm at this time unless
a written request is received and approved by Council to alter the period of approval. In
assessing a request Council will have regard to any noise monitoring results, any complaints
and any other relevant matters. The results of the noise monitoring referred to in this Decision
Notice must be submitted as part of the written request.
8. The café, pool and sundeck must only be available for the residents of the visitor
accommodation use and must not permitted for use by persons not staying in the visitor
hostel.
10. Amplified music must not be audible at or beyond the boundaries of the site between 10pm
and 7am.
Restaurant at 3/287 Gympie Terrace, Noosaville
3. The development must be undertaken in accordance with the recommendations of the
Acoustic Assessment dated 3 August 2016 and Additional Information for the Acoustic
Assessment dated 10 October 2016 prepared by RoadPro Acoustic. In this regard, the
acoustic wing walls and acoustic roof panel (if required) must be designed to complement
the existing building and streetscape to the reasonable satisfaction of the Chief Executive
Officer. Prior to the installation of these works the plans must be submitted to Council
demonstrating compliance with this condition. Certification must be provided by a suitably
qualified person on completion of the works, certifying the works meet the relevant noise
criteria.
4. External speakers or amplified music are not permitted.
5. Internal amplified music must be directed internally to the tenancy.
6. Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all
times.
Page 15 of 18
Section 16
ORDINARY MEETING AGENDA 20 MAY 2021
7. The Noise Management Plan submitted with the application must be amended to include site
specific operational measures to minimise potential noise nuisance for surrounding residents
and a complaints management process. The Noise Management Plan must incorporate the
recommendations of the Acoustic Assessment dated 3 August 2016 and Additional
Information for the Acoustic Assessment dated 10 October 2016 prepared by RoadPro
Acoustic. The amended Noise Management Plan must be submitted to Council prior to the
commencement of the use.
8. The approved use must not operate outside the hours of:
a. 6.30am to 9.30pm Sunday to Thursday
b. 6.30am to 10.30pm Friday, Saturday and public holidays
c. The outdoor dining area must not be used after 8pm until the acoustic wing walls are
installed pursuant to the recommendations of the Acoustic Assessment dated 3
August 2016 and Additional Information dated 10 October 2016 prepared by RoadPro
Acoustic.
All 3 development applications included an acoustic report with the application and for this reason
the noise requirements varied somewhat and were set specific to the site’s location and building
design.
Notwithstanding this, review of these with Council’s environmental health coordinator has identified
that the noise limits set for Sunshine Beach Surf Club could be similarly imposed for 1 Arcadia Street,
given the residential uses in Noosaville are also some distance from 1 Arcadia Street. The 75 dB(c)
previously provided to Councillors also dealt with potential impacts for nearby tenancies.
Staff have considered the issues raised by Councillors, but confirm the previous recommendation
as noise from outdoor dining areas is difficult to manage and it is considered appropriate that a
review of the operating hours be undertaken with the community and traders before agreeing to
further amendments. Should Council wish to approve the use to operate until midnight 7 days a
week, including the outdoor dining area, then officers would recommend that noise limits be included
on the approval. In this way, should the operation of the restaurant become a noise nuisance for
residents, Council has the ability to undertake compliance and seek that the noise levels from the
restaurant be better managed.
Alternative Motion
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 May 2021 and the Further Report to the Ordinary Meeting
dated 20 May 2021 regarding representations made in relation to Application No. MCU20/0106 for
a Development Permit for Material Change of Use - Food and drink outlet situated at 1 Arcadia St
Noosa Heads and:
A. Agree to amend conditions 3, 6 and 9 to read as follows:
3. The approved use must not operate outside the hours of 6am to 12am, 7 days a week.
6. Amplified music must cease to operate in outdoor spaces by:
a. 9pm Sunday – Thursday
b. 10pm Friday and Saturday
9. Any solid structure for the required planter boxes/pots must have an interesting finish to
enhance the softening effect of the landscaping.
B. Include the following additional conditions:
15. Noise emanating from the premises including amplified or non-amplified noise and
patron noise prior to 10.00pm must not exceed 90dBC, fast response, when measured
approximately 3 metres from the source of the noise; and
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Section 17
ORDINARY MEETING AGENDA 20 MAY 2021
16. Noise emanating from the premises including amplified or non-amplified noise and
patron noise after 10.00pm must not exceed 85dBC, fast response, when measured
approximately 3 metres from the source of the noise.
17. Entertainers or speakers used to amplify noise must not be located in any outdoor
dining area.
18. All amplified noise at the premises must be conducted through a sound limiting device
at all times to ensure that noise does not exceed levels prescribed in the conditions of
a licence.
19. The sound limiting device is to have a locking mechanism, which is to be locked at all
times except for inspection or maintenance work on the device.
20. Access to the sound limiting device, except for maintenance work, is restricted to the
licensee, nominee and the person in charge of the premises at any time.
21. The sound limiting device must be checked and if necessary calibrated by a qualified
acoustic engineer at least every 12 months to ensure compliance with the conditions
of this licence. Evidence of the sound limiting device calibration must be made available
to an authorised person on request.
C. That the CEO be requested to include a review of the operating hours of licenced premises
which includes outdoor dining as part of the next package of amendments of the Noosa Plan
2020 and that as part of that review process, consultation occur with the community and
business associations.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Environmental Health Coordinator
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Support Director Director
Community Development Financial Services
Community Facilities Fleet
Libraries & Galleries ICT
Local Laws Procurement
x Waste & Environmental Health Property
Revenue Services
Executive Services x Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Section 18
ORDINARY MEETING AGENDA 20 MAY 2021
10 CLOSED SESSION
Nil.
11 PUBLIC QUESTION TIME
1 MAXINE HITCHEN – GLOSSY TEAM SUNRISE
Q1: Would Noosa Council be willing to enter into discussions with the Uniting Church
Australia, Qld, Synod around a land swap, so that the Fussy Vulnerable Glossy Black
Cockatoos feed tree habitat at Grasstree Court, Sunrise Beach can be returned to
conservation status?
Q2: Unfortunately, the local community does not feel like it has been adequately consulted
or listened to. Can the Council contact the Church to request that they undertake
community consultation as required and as referenced in Section 8 of the Ecological
Management Plan. Further, can Council or the Church provide a detailed list of the
community consultation that has occurred so far?
12 NEXT MEETING
The next Ordinary Meeting will be held on 17 June 2021 at the Council Chambers, 9 Pelican
Street, Tewantin commencing at 5pm.
13 MEETING CLOSURE
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