2021-05-20 Ordinary Meeting Agenda

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