2018-10-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   9 OCTOBER 2018


Specific Outcome 20 of the Business Uses Code.
Noise
Development is designed and sited to avoid noise emissions that unreasonably diminish the
amenity of the area or surrounding uses.
As part of the original application the applicant’s Acoustic Reports were assessed by Council’s
environmental health and planning officers. The principal concern with the applicant’s acoustic
assessment was that it suggested marginal compliance with acoustic levels based on acoustic
modelling. At the time of assessing the applicant’s representations the officer report noted the
following:
The condition as applied sought to strike a balance between the business needs and the amenity
of nearby residents and allowed outdoor operation to midnight on Sundays and Mondays in
addition to the staff recommendation for only Fridays and Saturdays. Notably the previous
assessment of the applicant’s noise reports did not “concede that the proposed use can comply
with noise level limitations” but sought to achieve an acceptable balance, where noise risk
remained.
To assist in the assessment of the current application advice has been sought from OLGR on the
proposed changes. OLGR have advised that:
I can confirm there have been no recent noise based complaints in relation to the outdoor dining
area associated with the Little Sister bar.
Also, that there are existing concerns regarding noise associated with the operational
management of the outdoor dining area / use of neighbouring properties as smoking areas and
patrons congregating to the front of the site and in the road after closing.
With regards to the permit conditions, prior to the planning restrictions, we had ongoing issues
with patron noise that could not be resolved. It appears that the planning conditions coupled with
the acoustic barrier has satisfactorily addressed the issue. However, noise from patrons
gathering on the footpath would not be stopped by the fence, as they are outside of it…..so, it
stands to reason that the planning conditions have played an important part in resolving the
issue.
Verbally OLGR have also advised officers that for these reasons the conditions should not be
changed.
Comment has also been sought from Council’s Environmental Health officers who, whilst
acknowledging that no complaints have been made to Council, have also noted that there is no
proposed change to how patron noise is to be managed. The officer notes that the original
acoustic report suggested an acoustic fence with management interventions to minimise crowd
noise. Whilst the acoustic fence has been constructed the officer maintains concern that patron
management solutions are not reliable and given the proximity of nearby residents increased
hours would not be appropriate.
Due to the amenity based complaints which resulted in the submission of the original application
contact was made with submitters to the original application to inform them of the change
application. As a result of this process feedback was received expressing concern with noise
from the current use of the outdoor area and that the removal of restrictions may result in
increased noise and reduce local amenity.
The site currently has the capacity to operate until midnight four nights a week. Two of the nights
are weekend nights when noise and activity within proximity of the site are generally expected to
be at a peak. Sunday and Monday nights, which would reasonably be expected by nearby
residential properties to be quiet nights, were included to facilitate hospitality industry workers to
attend this business on nights they are not usually working.




                                                                                      Page 11 of 52