Further Report - MCU16/0088 Development Application For Material Change Of Use For An Entertainment And Dining Business Type 1 Food And Beverages (Restaurant) At 3/287 Gympie Terrace, Noosaville

FURTHER REPORT - MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD AND BEVERAGES (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
ocument information

Author	Development Planner, Glen Conforti
Planning & Infrastructure Department

Index	ECM / Application / MCU16/0088

Attachments	Nil

EXECUTIVE SUMMARY
Not Applicable.

RECOMMENDATION
That Council notes the reports by the Development Planner to the Planning and Environment Committee Meeting dated 11 October 2016 and the General Committee Meeting dated 17 October 2016 regarding Application No. MCU16/0088 for a Development Permit for Material Change of Use for Entertainment & Dining Business Type 1 – Food & Beverages (restaurant) situated at 3/287 Gympie Terrace, Noosaville, and approve the application in accordance with the following conditions:
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
WD.20	E	Proposed Floor plan, prepared by Cab Roto	04/07/16
WD.03		Area Plan, prepared by Cab Roto	11/07/16
Noise
The development must be undertaken in accordance with the recommendations of the Acoustic Assessment dated 3 August 2016 and Additional Information for the Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. In this regard, the acoustic wing walls and acoustic roof panel must be designed to complement the existing building and streetscape to the reasonable satisfaction of the chief executive officer. Prior to the installation of these works the plans must be submitted to Council demonstrating compliance with this condition. Certification must be provided by a suitably qualified person on completion of the works, certifying the works meet the relevant noise criteria.
External speakers or amplified music are not permitted.
Internal amplified music must be directed internally to the tenancy.
Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all times.
The Noise Management Plan submitted with the application must be amended to include site specific operational measures to minimise potential noise nuisance for surrounding residents and a complaints management process. The Noise Management Plan must incorporate the recommendations of the Acoustic Assessment dated 3 August 2016 and Additional Information for the Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. The amended Noise Management Plan must be submitted to Council prior to the commencement of the use.
Noise emissions from any new mechanical equipment associated with the development must comply with the following requirements:
Air-conditioning and Refrigeration
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
Written certification must be submitted from a suitably qualified person confirming noise levels from any new mechanical equipment comply when measured at either the residential boundary or outside the most exposed part of an affected building, whichever is the closest to the equipment.
The assessment and certification is required immediately after installation of the equipment and in a format approved by Council. All equipment should be operating at the same time to test the overall noise level created.
Advice: It is highly recommended the person you engage to certify the installation is involved prior to installation of any equipment so they can recommend where equipment is best located. They can also advise about noise enclosures and make other suggestions to avoid noise problems.  It is a lot more costly to try and deal with noise problems after installation.
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
6.30am to 9.30pm Monday to Thursday
6.30am to 10.30pm Friday, Saturday and public holidays
The outdoor dining area must not be used after 8pm until the acoustic wing walls are installed pursuant to the recommendations of the Acoustic Assessment dated 3 August 2016 and Additional Information dated 10 October 2016 prepared by RoadPro Acoustic.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays.
The use area including outdoor seating must not exceed 67m2 as indicated on the approved plan.
Protection of Privacy
To ensure privacy is protected between adjoining properties, the western acoustical designed wing wall must be designed to maintain privacy of the neighbouring unit. In this regard, the wall must be either translucent glazing or a solid portion to obscure direct views to the western unit.
Outdoor Lighting Devices
Light spillage from the development including advertising, security and flood lighting etc is designed, sited, installed, shaded and appropriately directed so as to prevent a nuisance to residential areas and vehicular traffic.
Kitchen Exhaust
Kitchen exhaust points for the development must be located and operated in accordance with Australian Standard AS1668.2-2002 “The use of ventilation and air-conditioning in buildings” (specifically Section 5.10 – Air Discharges).
Certification must be submitted to council from a qualified person* prior to commissioning the operation of the mechanical exhaust ventilation system for the kitchen which certifies that the system complies with AS1668.2-2002 and the requirements of this Decision Notice.
Refuse
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.

REPORT
A report was presented to Council’s Planning and Environment Committee regarding a development application for Material Change of Use for an Entertainment & Dining Business - Type 1 Food & Beverages situated at 3/287 Gympie Terrace, Noosaville. Refer to Item 4, Page 39 of the Planning & Environment Committee Agenda dated 11 October 2016.

At its Planning & Environment Meeting held on 11 October 2016, officers advised that the applicant had lodged an amended acoustic report and that staff would review the material and provide a further report to Council for consideration.

The applicant has provided further details of the wing walls and supporting material that suggest the wing walls only (without the roof panels) are sufficient to meet relevant noise criteria. Figure 1 show details of the acoustic wall being from acoustic specific materials.

Figure 1 – Acoustic wing wall detail.

The submitted ‘‘Additional Information for the Acoustic Assessment’ by RoadPro Acoustic suggests the following:

‘The acoustic wing wall barriers are the major component of the acoustic treatments recommended due to the presently unobstructed line of sight from the dining area to the neighbouring units. As such, it is our view that with the reduced trading hours, the overhead treatment can be omitted from the recommendations made previously without patron noise generally exceeding the background noise by 10 dB(A) at the overhead apartment, with the following exceptions:
Particularly quiet evenings e.g. minimal road traffic combined with still weather; and
When there are multiple patrons talking loudly in the outdoor area.
The staff would need to be aware of the significance of these circumstances, and the noise management plan must reflect this.’
The applicants original Noise Assessment used a conservative ambient background noise level which excluded traffic and pedestrian noise etc. Additional information provided uses a more realistic background noise level which suggests that with the wing walls, the predicted noise levels are unlikely to exceed the relevant noise criteria (background noise plus 10db(A))  up to 10pm (without the acoustic roof panel).

Noise criteria is slightly more stringent after 10pm (background noise plus 8db(A)) and technically this may occasionally be exceeded without the roof panel. The applicant suggests in reality, between 10pm and 10.30pm is a ‘shoulder or transition’ time where background noise levels are similar and gradually reducing. It is recognised that background noise levels do not instantly ‘drop’ after 10pm and the applicants ‘shoulder or transition’ time is accepted.

The ‘Additional Information for the Acoustic Assessment’ has been reviewed by Council’s Environmental Health department who raise no concerns. It is considered the applicant has sufficiently demonstrated that with the acoustic wing walls only constructed, amenity will be maintained and meet the provisions of the Planning Scheme.

As a result it is recommended that Conditions 3, 7, and 10 be changed to read:

3.	The development must be undertaken in accordance with the recommendations of the Acoustic Assessment prepared by RoadPro Acoustic dated 3 August 2016 and Additional Information for the Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. In this regard, the acoustic wing walls and acoustic roof panel must be designed to complement the existing building and streetscape to the reasonable satisfaction of the chief executive officer. Prior to the installation of these works the plans must be submitted to Council demonstrating compliance with this condition. Certification must be provided by a suitably qualified person on completion of the works, certifying the works meet the relevant noise criteria.

7.	The Noise Management Plan submitted with the application must be amended to include site specific operational measures to minimise potential noise nuisance for surrounding residents and a complaints management process. The Noise Management Plan must incorporate the recommendations of the Acoustic Assessment prepared by RoadPro Acoustic dated 3 August 2016 and Additional Information for the Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. The amended Noise Management Plan must be submitted to Council prior to the commencement of the use

10.	The approved use must not operate outside the hours of:
a. 	6.30am to 9.30pm Monday to Thursday
b.	6.30am to 10.30pm Friday, Saturday and public holidays
c. 	The outdoor dining area must not be used after 8pm until the acoustic wing walls and     acoustic roof panel is  are installed pursuant to the recommendations of the RoadPro Acoustic Assessment dated 3 August 2016 and Additional Information dated 10 October 2016 prepared by RoadPro Acoustic.

Departments/Sections Consulted:

	Chief Executive Officer	X	Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Disaster Management		
	Governance		Infrastructure Planning & Design		
	Human Resources		Planning & Environment		
	Sustainability		Strategic Land Use Planning		

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GENERAL COMMITTEE MEETING REPORT	17 OCTOBER 2016

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