2018-10-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                9 OCTOBER 2018


It is recognised that the site is situated within close proximity of Sunshine Beach Road and other
noise generating establishments such as KB’s at Nomads and the Cornerstone Pub. However,
the siting of the subject venue at the periphery of the Business Centre and opposite residential
zoned and developed properties accentuates the risk attributed to noise associated with the
outdoor dining area. The previous assessment of the acoustic reports and the resultant
implementation of conditions recognised the sensitivity of noise attributed to the outside dining
area. Deletion of the condition as per the applicant’s request would may result in increased noise
on nights which nearby residents would reasonably expect, and currently experience, to be
quieter. The protection of residential amenity is very important and based on the advice of OLGR,
Council’s Environmental Health department and the feedback of nearby residents, extended use
of the outside dining area will have a detrimental effect on this amenity.
It is important to note that the restriction on the use of the outdoor dining area does not impinge
on the hours which the inside bar can be used. The use of the inside area is governed by the
liquor licence which limits the hours of operation until midnight.
The proposed deletion of Condition 3 is likely to have a detrimental effect on amenity contrary to
Specific Outcome 1 of the Noosa Heads Locality Code and Specific Outcome 20 of the Business
Uses Code. Accordingly, the proposed change is not supported.
Correction of error
It has been identified that the current wording of Condition 3 contains an error as it limits the
hours of operation from 5am to 12pm. The correct wording should be 5am to 12am. Accordingly
the Decision Notice for this application will reflect the correct wording.
Condition 7
7.    This development permit lapses on 18 August 2018, unless an application is received to
      extend the approval. In assessing an extension to the approval, Council will have regard to
      any breach details available from the Office of Liquor & Gaming Regulation and any other
      relevant matters.
Applicant’s Request
Deletion of condition
Assessment of Request
The condition has limited the time which the approval for the outdoor dining area applies and
provides an opportunity for Council to review the impact of current operations when considering
an application to extend or delete the condition. In this instance the applicant has sought to
delete the condition.
As detailed earlier in this report, advice has been sought from OLGR who confirm that there are
existing concerns regarding noise associated with the operational management of the outdoor
dining area / use of neighbouring properties, as patrons are congregating to the front of the site
and in the road after closing. OLGR have also advised that they are not supportive of increased
operating hours. Nearby residents have also expressed concern with the noise associated with
the use of the outdoor dining area.
It is acknowledged that Little Sister contributes to the vitality of Noosa Junction and provides
economic benefit to the local economy via employment and the use of local products. It is also
recognised that capital has been utilised by the current and previous owners to establish and
maintain the commercial operation on the site, the outdoor dining area being a key part of the
business’s success.
In light of the existing concerns with regards to noise and operational issues, it is recommended
that the applicant’s request to delete this condition be refused.




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