MCU18/0102 Request For Negotiated Decision Notice For Visitor Accommodation Type 4 Conventional (122 Beds) At 14-16 Mary St Noosaville

MCU18/0102 Request for negotiated decision notIce for visitor accommodation type 4 conventional (122 beds) at 14-16 mary st noosAville

Document information

Author	Manager Development Assessment, Kerri Coyle
Environment and Sustainable Development

Index	ECM/Application/MCU18/0102

Attachments	Nil

APPLICATION DETAILS
Application No.	MCU18/0102
Development Approval	Material Change of Use - Visitor Accommodation - Type 4 Conventional
Applicant	Bounce Hostel Noosa Pty Ltd ATF The Bounce Hostel Unit Trust
Representations Received On	15 January 2019
Number of Submissions for Original Application	5
PROPERTY DETAILS
Property Address	14-16 Mary St Noosaville Qld 4566
RP Description	Lot 3 RP 122928 Lot 4 RP 122928
Land Area	1148m² 1148m²
Existing Use of Land	Not for profit charity shop and Classic Malibu surf shop
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Business Zone – Mary Thomas Street Precinct
Overlays	Natural Hazard Overlay – Flood Hazard and Acid Sulfate Soils
Assessment Type	Representations made to original approval
RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning & Environment Committee Meeting dated 12 March 2019 regarding a request for a Negotiated Decision Notice for Application No. MCU18/0102 for a development approval for Visitor Accommodation - Type 4 Conventional situated at 14-16 Mary Street, Noosaville and:
A.	Refuse to change conditions 3d and 36 for the following reasons:
1.	Conditions 3d and 36 are required and warranted due to the site’s proximity to residential properties.
2.	Conditions 3d and 36 are required to mitigate noise for nearby residents and complement and support other conditioned noise management strategies for the backpackers.
3.	Condition 36 still permits entertainers and/or speakers to be located internal to the building.
B.	Agree to change to condition 52 as follows:
52.	The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the works shown on drawing number 17699-SK101 Revision A prepared by TOD Engineers and Project Managers dated 17 August 2018, with the inclusion of the following:
The storage tank must have sufficient capacity to cater for the runoff from the driveway in a 5 minute 1%AEP rain event as a minimum.
The basement structures (walls, floors and surfacing) must be constructed of materials suitable for the potential inundation and all service connections must be located a minimum of 300mm above the potential inundation level.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

background
A development approval for a backpackers with 122 beds was issued on 15 November 2018.
The applicant suspended the appeal period and made representations on 15 January 2019 to the development approval conditions. The representations are detailed below but primarily relate to required noise mitigation measures and managing stormwater for the basement car park.
At the time the application was publicly notified, 5 properly made submissions were received. The submitters were primarily concerned with location of the backpackers opposite Dan Murphys, vehicle noise associated with guest arrival, potential noise impacts for nearby residents, need for the backpackers, car parking and building bulk and setback reductions.
Notably, the acoustic consultant (MWA Environmental) previously engaged by Council officers to assist in the assessment of the application, was requested to review the representations made in relation to the required noise mitigation measures and their comments form part of this report to Council.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 3d – Acoustic Rating of Windows
3	Development authorised by this approval must be undertaken generally in accordance with the Approved Plans listed within this Decision Notice.  The Approved Plans must be amended to incorporate the amendments listed within this Decision Notice and resubmitted to Council prior to the issue of any Development Permit for Operational Works*
A minimum 600mm eaves must be provided to the full extent of all buildings.
The northern elevation must include variation of colours and materials to provided increased articulation.
The length of the 2.0 metre high acoustic fence on the western boundary must be extended for the full length of the western boundary. A 2.0 metre high acoustic fence must be installed for the full length of the northern boundary and the extent of the eastern boundary adjacent to the residential property. All acoustic fencing must be constructed to a minimum of 10kg/m2.
Windows to guest rooms on the upper level of the western and northern elevations must achieve minimum acoustic rating Rw 32 and the rooms must be provided with air conditioning/mechanical ventilation to allow internal amenity to be maintained whilst windows are closed to contain noise.
All buildings must have a roof pitch of at least 5 degrees.
No retaining walls or planter beds are to be constructed in the road reserve.
Applicant’s Representation
An on-site 24 hour reception will be in place which is a proven operational model from other Hostels that Bounce operate, with the primary focus to ensure responsible management of operations in relation to behaviour and noise. It is prudent of the management to ensure their own guests are not impacted prior to potential annoyance to adjoining properties. The condition does not recognise that responsible management can maintain and control noise levels and it is requested that this condition be deleted.
Assessment of Representation
Council’s acoustic consultant has advised the following:
“On the basis of our experience, the requirement to achieve a minimum acoustic rating of Rw32 is not particularly restrictive in an economic sense as compared to typical glazing.
Also the condition requires the specified rooms be provided with air conditioning or mechanical ventilation, as such, fans and the like can be used instead of air conditioning to provide appropriate ventilation when the windows are closed.
Considering the above, MWA Environmental recommend that condition 3d remain as part of the development approval condition package.”
Overall, it is considered that the noise mitigation strategies are not particularly onerous and are required and warranted due to the site’s proximity to residential properties.

Condition 36 – Entertainers and Speakers
36.	Entertainers or speakers used to amplify noise must not be located in any outdoor area of the site including recreational areas (pool, space sundeck, and sun lounges, multi-purpose/flexible lounge/outside deck).
Applicant’s Representation
The condition is at odds with condition 10 which required “amplified music must not be audible at or beyond the boundaries of the site between 10pm and 7am”. The requirement is also prescriptive and prohibitive in the operation of the hostel and opportunity for social interaction. It also has the potential to force the guests to utilise their rooms for playing of music with potential for noise impacts from the rooms to adjoining properties.
Detailed architectural design and strategic building placement ensures that music within the internal outdoor areas will not impact onto adjoining residents. Council has also required 2m acoustic fencing, noise monitoring, 24 hour onsite management and restriction in amplified music between the hours of 10pm and 7am.
The applicant requests the condition be deleted.
Assessment of Representation
Council’s acoustic consultant has advised the following:
Firstly, a review of the development application noise assessment report prepared by Road Pro Acoustics (dated 21 March 2018) provides the following key statement with respect to entertainment on the site: ‘there will be no on-site entertainment or formal social events such as parties’.  Further to this, no assessment of amplified music at the venue was undertaken.
Secondly it should be noted that the site is located within the Mary/Thomas Street Precinct of The Noosa Plan and that this precinct includes the following specific outcomes with respect to amenity:

Considering the above, MWA Environmental recommend that condition 36 remain as part of the development approval condition package.
It is considered that condition 36 complements condition 10 and still permits entertainers and/or speakers to be located internal to the building, providing opportunities for guests to socialise in the common areas with music and the like.

Condition 52 – Stormwater Drainage
52.	The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
the works shown on drawing number 17699-SK101 Revision A prepared by TOD Engineers and Project Managers dated 17 August 2018, with the inclusion of the following:
The storage tank must have sufficient capacity to cater for the runoff from the driveway in a 1%AEP rain event as a minimum.
A back up power system for the pump that is independent of the mains network.
Applicant’s Representation
The applicant’s engineer seeks clarification of the 1%AEP event referred to in the condition and questions the need for a back-up power supply system for the pump that is independent of the main supply. The engineer suggests that the tank size condition becomes irrelevant as the back-up system would kick in in the event of a power failure. Notwithstanding, the applicant contends that based on their calculations, the depth of water accumulating in the basement for a 1%AEP in excess of 24 hours would be only 53mm, there is no need for backup power supply either.
In conclusion the applicant’s engineer submits that condition 52a i) and ii) are unreasonable conditions and request they be deleted.
Assessment of Representation
The condition has been included to address the stormwater runoff from the exposed areas of the access driveway that slope down into the basement. The impacts of regional flooding in the area are addressed by the proposed barrier at the top of the driveway.
In regard to condition 52a (i) the 1%AEP event that was considered for the condition was the short term event not the longer regional flood event and it is recommended that the Condition 52a (i) be amended to provide clarity.
In regard to Condition 52a (ii) the applicant’s engineer submits that in a larger event the expected depth of runoff across the basement carpark floor is 53mm. On this basis given inundation is not significant a back-up power system is not warranted. However it is recommended that the basement be constructed of materials that can withstand some inundation and all service connections are located above the potential inundation level. The applicant has advised that they would be agreeable to changing condition 52a (ii) to include such a requirement for construction of the basement.

Comments received from Submitters
Although there is no formal process for submitters to make comment on representations, representations are able to be viewed on Councils website via on line planning.  Comments have been received from 2 submitters on the applicant’s representations which are summarised in the table below.
Matters Raised	Comments
Are disappointed that Council allowed a reduced rear setback but are reasonably satisfied with the conditions intended to minimise noise and invasion of privacy.  Windows on the upper level will have a direct line of sight into living areas of our home and adversely effect our enjoyment of life in our home.  At least condition 3d may help lessen the impact.  There is no guarantee that management arrangements will not change and the property fall under the control of management with different standards.	It is agreed that on site management while will assist in mitigating noise impacts for nearby residents, conditions 3d and 36 are still necessary to ensure noise levels for residents are minimised.
Use of outdoor speakers around the pool and surrounding area at any time is certain to raise complaints and should not be allowed under any circumstances	Agreed.

conclusion & reasons for decision
It is concluded that conditions 3d and 36 are required to assist in mitigating potential noise impacts for nearby residents and will work in conjunction with other conditioned noise management strategies for the backpackers.
It is concluded that conditions 52 a (i) and (ii) can be amended to provide the clarification sought by the applicant and to address officers concerns with the potential inundation of the basement floor level.

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Director		Director
	Executive Support		Community Development		Financial Services
			Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Director		Director		Director
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service		Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

[word/footer1.xml]
Page 6 of 6

[word/header1.xml]
3

[word/header2.xml]
PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 MARCH 2019

[Attachment: image1.png (image text)]
Table 11.20: Premises in the Mary Street/Thomas Street Precinct

Cr

ye Le
086 Uses in the Mary Street/Thomas Street
Precinct—

 

a) are low impact;

b) are not reliant on passing traffic for business;

c) donot generate high volumes of traffic or
require significant on site areas for car
parking;

d) — if adjoining land in a residential zone and not
a Residential Use, do not involve night time
use; and

e) are not Entertainment and dining business
or Retail business.