2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                       15 JANUARY 2018


4.2. Public Notification
The application was first publicly notified with regard to ‘Orange on Sunrise”, for 15 business
days in accordance with the Sustainable Planning Act 2009. 65 properly made submissions and
3 not properly made submissions were received. 2 petitions were received in support of the
proposal, 1 with 83 signatures and 1 with 202 signatures. 9 objections were received. An online
petition was also created through Change.org and 231 persons were party to this petition – all in
support.
When the changed application was re-notified with the second tenancy (Salon), 10 properly
made submissions were received, 1 in support and 9 objecting. Of the 10 submissions, 9 had put
in a submission during the first round of consultation. The following table provides a summary
and assessment of the issues raised by submitters.
Issues                                                Comments
9 submissions objecting to the proposal (2 from the same address) (refer to Figure 3 for a map of where
these submissions come from)
Proposal is not consistent with Noosa Plan            The proposed uses are inconsistent with the Noosa
(Cooroy & Lake Macdonald Locality) and not            Plan, however, there are considered sufficient
consistent with the Rural Settlement zoning.          grounds to approve the proposed uses having
Does not comply with 6.7.2 Overall Outcomes for       regard to the site’s existing approval, the permitted
the Cooroy and Lake Macdonald Locality (adverse       use for the site and the scale of the proposed
impacts on amenity) – Acoustic and visual impacts     businesses.
have adverse impacts on our property and              The proposed businesses are to be limited in scale
lifestyle.                                            and noise and visual impacts are able to be suitably
                                                      mitigated.

Oppose a shop in a rural residential area and         The proposal is within an existing building that has
normally quiet street operating hours of 7am to       existing approval for a general store. The proposal is
9pm daily. In the past Orange on Sunrise opened       of small scale and can be conditioned as such.
from 5pm-8pm 5 days a week totalling 15 hours         Conditions may also be imposed to address noise
per week. In the last 2 years the operating hours     impacts, including a restriction on diners, hours of
have increased to cater for larger groups and         operation and requirements to upgrade the existing
patrons are still on site at 10pm – noise in the      fence, provide additional on-site car parking and
kitchen until 10.30pm. People still picking up        reinstate Kingsgate Drive road reserve.
takeaway at 9pm. Legalising operating hours until
9pm will encourage the business to stay open
later.
Unacceptable noise from patrons (talking loudly,
singing, kids playing, babies crying, talking on
phones), car movements and car door slamming,
car alarms, music, tables and chairs being
dragged, dishes clanging, bottles being dumped in
bins, phone ringing loudly. Vibrations as a result.
Object to the consumption of alcohol on site –        The site has been operating as a BYO restaurant.
intoxicated loud people. If approved, alcohol         This has been identified by one submitter.
should not be allowed.                                A liquor license has not been applied for and this
Should not allow a liquor license.                    would be separately assessed by Liquor Licensing
                                                      and Council.
Every day we are unaware what the night will bring
– a drunken party some nights.
Concerned that 10 seats do not make the business      Council officers have responded to complaints and
viable and to be viable they need to trade in         have investigated the site a number of times.
excess of this amount. It will be difficult for the   Although it has been observed that 70 seats have
business to turn people away.                         been set on some site visits, site inspections
Seating limitations are not adhered to and Council    observed a small number of diners on site and very
unable to investigate as outside council hours.       little noise.
Concerned if approved and Council does not
monitor the number of patrons that the business

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