2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                               15 JANUARY 2018


An application was submitted in response to Council’s compliance notice (COM16/0199) dated
18 July 2016 with regard to the operation of ‘Orange on Sunrise’. A formal complaint from a
resident was received July 2016 with regard to noise from patrons, car movements and
restaurant activities at night. In response to this complaint, Council issued a breach letter
identifying the non-conforming use occurring on site to the leasee of the restaurant and owner of
the property. At that time, large numbers of people were reported to be dining at any one time.
The letter advised that the use operating should be limited in scale, not include more than 10
seats and to lodge an impact assessable application to seek approval for the use. It was
determined that the relevant defined use under The Noosa Plan is Retail Business - Type 2 Shop
and Salon, rather than Type 1 Local as there is no selling of general merchandise as would be
associated with a general store or Type 1 Local use.
Inspections by officers over the last year have found that the ‘restaurant’ has around 70 available
seats at any one time. Submissions and local knowledge (source correspondence from residents
and social media) have identified that the site has catered for large groups of people at times.
Noise impacts from cars and patrons intensify when higher numbers of people and larger groups
of people visit the site, with many cars parked in Kingsgate Drive.
Since the lodgement of the application, Council officers advised the applicant on numerous
occasions to trade with a limit of 10 people dining at any one time to minimise impacts for nearby
residents. This is in accordance with the numbers specified under the definition of Retail
Business – Type 2 Shop and Salon in The Noosa Plan and the number of patrons permitted
under a Type 1 Local business which is identified as a consistent use for the site in the Noosa
Plan.
After the application was publicly notified, the applicant applied to change the application to add
another tenancy, in addition to the Orange on Sunrise use. In accordance with S354 and S355
of the Sustainable Planning Act 2009, the application process restarted from the start of the
acknowledgement notice stage. This resulted in the application being publicly notified twice, the
first time with regard to Orange on Sunrise, the second time including the second tenancy.
Compliance
Council officers have been on site on a number of occasions to investigate the night time impacts
reported through the complaints. At these inspections officers observed a small number of diners
on site and very little noise though did observe parking in Kingsgate Drive.
Since the time of the first complaint, Council has received some sound recordings and photos,
from a resident documenting noise from the premises and car parking along Kingsgate Drive and
gravel road reserve. These sound recordings did not conclusively show that noise from the use
was excessive, though diners appeared to exceed 10 persons, car parking occurring in
Kingsgate Drive was shown to be inappropriate and the use was operating after 8.30pm.
2.2. Site Description
The subject site is located at 1 Kingsgate Drive, Tinbeerwah and is formally described as Lot 63
on RP200339 as shown in Figure 2 – Location of subject site and Figure 3 – Aerial of site.
The site has frontage to Kingsgate Drive and Sunrise Road. There is an electricity easement to
the rear and the site has many established trees.




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