2021-05-20 Ordinary Meeting Agenda

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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