L01 Reps to NC

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open in The Junction after 8:30pm weekdays. Council is encouraged to the committee of the Noosa
Junction Association if further confirmation is required in this regard.

From the commencement of Village Bicycle there has one nearby resident in a residential unit at 1
Bottlebrush Avenue who voiced his concern about the Village Bicycle Café, as he has understood to have
done previously with certain other surrounding uses. Luke and Trevor have attempted to meet with him to
identify his specific concerns so that they could attempt to address them. Unfortunately the resident claimed
that he will not stop complaining until the venue is closed regardless of what change to its operations are
undertaken. It is understood that this resident may have gained the support of several other residents in this
unit complex.


The Current Development Application

The current application seeks a development permit to use part of the outdoor dining area within the part of
the above site in addition to the inside of one of existing commercial premises on that site. No such approval
would have been required under the Noosa Planning Scheme had Village Bicycle Café been able to be
operate fully within the existing commercial premises. The current application was compiled so that the area
of proposed outdoor seating equals that area within the existing commercial premises which is used for the
kitchen, service and storage areas and thereby avoiding the need for any increase in onsite carparking or
demand on relevant community infrastructure.

Luke and Trevor provided a noise report that was prepared by a reputable qualified environmental
engineering consultancy who are recognised in noise and vibration specialists and have been
engaged by public and private sector clients on as wide variety of projects throughout Australia. As
part of this noise report, noise levels were measured in various location s including that outside 1
Bottlebrush Avenue which is the closest noise sensitive use. The noise was measured on a Saturday
night which commonly experiences the highest level of patronage on any trading night. These noise
levels were recorded with the existing 1.5m high timber paling fence in place. The noise specialist’s
report provided an array of information including details of the noise level measurements as well as
the computer modelling undertaken to calculate the operational noise levels of the Village Bicycle Café
in isolation from the general acoustic amenity at the surroundings. The noise report identified that
operational noise levels from the Village Bicycle Café before 10pm were within the required noise
limits and for after 10pm only exceeded the noise limit in only one of the six octaves (being the 250 Hz
octave) and that the modelled exceedance was only 1 dB(A) based on the noise limits defined under
the Liquor Act 1992 and Liquor Regulation 2002.

The noise specialist then undertook noise modelling based on increasing the height of the existing wooden
paling fence by 0.9 metres making it 2.4m high. The noise specialists identified that there were no modelled
exceedance of the Noise limit LA10 in any of the six octaves and that there was in fact a further reduction
across all six octaves.

The noise specialists concluded that the operation of Village Bicycle café will not result at unreasonable
noise at the nearest noise sensitive places based on the noise limits defined under the Liquor Act 1992 and
Liquor Regulation 2002, providing the following recommendations are implemented:

      To ensure compliance with the recommended limits on patron noise emissions, the following
      noise management measures must be implemented:
           • Staff actively encourage patrons to keep the noise down;

            • At closing time, staff ensure patrons move away from the premises as quickly and quietly as
              possible; and

            • Allow outdoor patrons to be standing, thus allowing free movement between tables, which can
              alleviate problem of patrons calling out to one another.

      In addition to the patron noise management measures, the following additional noise control
      measures are recommended:

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            • Raising the height of the existing 1.5m high timber noise barrier fence to 2.4m with 0.9m
              addition, which will be added in a seamless way with no gaps between the existing timber
              palings and the addition; or

            • Construction of a new 2.4m high acoustic fence alongside or in place of the existing fence on
              the north-eastern boundary;

            • The intent of the provision of higher acoustic fence is to screen the direct line of view from the
              outdoor dining area of the café to the top floor of Bottlebrush Townhouses; and

            • If a new acoustic fence is constructed, suitable materials are timber, fibre-cement, aerated
              concrete (Hebel) or other material with a minimum density of 12.5 kg/m2.


Noosa Council then requested that the applicant reassess noise impacts from Village Bicycle Café on the
nearest noise sensitive places if the height of the proposed acoustic fence was reduced from the
recommended 2.4 metres to 2 metres and based on a more demanding standard being the noise
standards from Environmental Protection (Noise) Policy 2008. The applicant fully complied with
Council’s request. The applicant’s noise specialists then undertook revised modelling to conclude that with
the requested 2 metre high acoustic fence and with implementation of the other noise control measures
outlined in the original detailed report, the operation of Village Bicycle Café will not result in unreasonable
noise at the nearest noise sensitive places under the noise standards from Environmental Protection
(Noise) Policy 2008.

Noosa Council then requested a “more robust solution” and requested further modelling such that the noise
limits for post 10pm was even more demanding than those under the Environmental Protection (Noise)
Policy 2008 and thereby much more demanding than those under the Liquor Act 1992 and Liquor
Regulation 2002. The applicant again fully complied with Council’s request. The applicant again
commissioned its noise specialists to undertake further noise modelling as requested by Council and
provided modelled noise levels for first and second floor balcony at 1 Bottlebrush Avenue. In further advice
to Council the noise specialist confirmed that with the proposed 2.6 metre high acoustic fence and
implementation of the other noise control measures as outlined in the original detailed report that the
operation of Village Bicycle café will not result in unreasonable noise at the nearest noise sensitive places
under Council’s own “more robust” noise standards.

It is understood that the concerned resident at 1 Bottlebrush Avenue may have arranged his own noise
assessment and supplied some information to Noosa Council. Unfortunately neither Council nor the nearby
resident will supply copy of that assessment to the applicant for whatever reason. Likewise, there is a
suggestion from Council that the Queensland Office of Liquor and Gaming Regulation had undertaken its
own noise assessment. Unfortunately Queensland Office of Liquor and Gaming Regulation will not release
any information for whatever reason. The applicant would have preferred the opportunity to review any
other information being relied upon by others especially given the cooperation extended to Council as it
“experimented” with fence heights and noise levels.

The applicant has relied on noise level assessments by a recognised qualified experienced professional
noise expert who used appropriate noise recording equipment and undertook modelling using recognised
computer software. The background information recording, modelling and recommendations were all
published and made available to any party who had an interest in them. It is unknown why noise
assessments undertaken by others has not been made available to the applicant.


The Council Staff Report and Recommendation

As indicated above the applicant acknowledges that Council staff had previously recommended approval
subject to certain conditions in a report that was tabled at Council’s Planning and Organisational Committee
meeting held on 2 February, 2016.

The applicant consider that a number of matters including the following need to be acknowledged when
reviewing the staff report:-

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    (a) The applicant has been very cooperative in providing amended reports and advice to Council as it
        “experimented” with the height of the acoustic fence and acceptable noise levels above background
        noise levels after 10pm.

    (b) It should be noted that noise specialists engaged by the applicant have identified compliance with
        Council’s most recent request in relation acceptable noise levels above background noise levels
        after 10pm which is more stringent than both the State Liquor Act 1992 and Liquor Regulation 2002
        and the State Environmental Protection (Noise) Policy 2008.

    (c) It is understood that Council has not engaged any suitably qualified and experienced noise
        consultant to review the reports and advices applicant’s own noise expert. The applicant has not
        had any advice from Council that it disagrees with the findings of the original detailed report and
        subsequent advices as requested by Council.

    (d) Queensland Office of Liquor and Gaming Regulation commonly investigate any complaints in
        relation to licensed premises and issues formal breach notices if any noncompliance is identified.
        The applicant wishes to highlight that to date the Queensland Office of Liquor and Gaming
        Regulation has not issued any breach notices against the Village Bicycle Café.

    (e) In attempting recommend conditions of approval of this development application, the most recent
        Council report and recommendation drew some similarities between mixed use residential,
        commercial and hospitality development in Hastings Street and the proposed hospitality
        development on a commercial site and the residential development on a residential site across
        Bottlebrush Avenue. It is considered that it is not fully appropriate to rely on selected Council’s
        planning scheme provisions applicable to certain sites fronting Hastings Street and to then
        transpose these directly onto this development application in order to arrive at approved hours of
        operation.

    (f) At the meeting with Council staff on the 15th February, 2016, Council suggested that a roof be
        constructed over the proposed outdoor dining area. The applicant has investigated such a
        suggestion and it is not an option at this stage.


The applicant is prepared to accept all conditions as recommended by Council staff with the exception of
parts of recommended Conditions 3 and 4 as explained below.


    3. “The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
       dining area permitted after 10pm on Friday and Saturdays nights”

The Applicant’s Concern with this recommended condition:            As indicated above, the Village Bicycle
Café was established to provide a suitable venue for local residents to mingle and interact, and a major
component of patrons are those part-time workers in many of the local restaurants and cafes after these
venues close. It is suggested that some 9am to 5 pm workers may not fully appreciate the needs of many
part-time workers in the local hospitality industry who finish work say between 8pm and 10pm (note
commonly work later Friday and Saturday nights). These part-time workers and they often seek to find a
similar suitable venue when they finish work on week days that regular workers seek at 5pm week days
especially Fridays. The continued success of the Village Bicycle Café as currently operating is to be open
for those hours as proposed in the current development application. The business model being adopted and
successfully being implemented by the applicant simply could not work with early closure on Sunday to
Thursday nights as proposed in the recommended condition.

Interestingly the Council report recommends approval for the outdoor dining area to operate until 12pm on its
busiest nights (i.e. Friday and Saturday nights) but recommends closure at 10pm on the other quieter nights.
Council advises that requiring the Village Bicycle Café to close early five nights a week will provide a respite
for the residents across Bottlebrush Avenue. It would appear that Council considers that Village Bicycle
Café can comply with those noise limits that are more stringent than both the State Liquor Act 1992 and
Liquor Regulation 2002 and the State Environmental Protection (Noise) Policy 2008 with the construction of
a 2.6m high wall and compliance with other conditions for Fridays and Saturdays but cannot comply for the
quieter trading nights. The applicants consider that Council’s rationale is not reasonable nor logical.

The Applicant’s Request:           That recommended Condition 4 be amended as follows - ”

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    3. “The approved use must not operate outside the hours of 5am to 12pm”



    4. ‘Patrons in the outdoor dining area must be seated and limited to 50. ‘

The Applicant’s Concern with this recommended condition:             When compiling those conditions of
approval that relate to ongoing operations, the applicant prefers that such conditions are able to be clearly
interpreted, implemented and monitored by any party with an interest in establishing compliance. These
conditions should therefore be complied so as to minimise the potential of any confusion or differences in
their interpretation. It is considered that the above recommended condition as currently compiled could
create confusion and differences in interpretation.

It is suggested that patrons will need to stand and walk at times to enter and leave the venue, order food and
drinks from inside the building, to use the onsite toilets from time to time, and so on. Being a venue that
attracts local residents, it is highly likely that some interaction may occur briefly between patrons as they
move to and from their seats. The condition as currently worded states that “patrons in the outdoor dining
area must be seatedI”.. It is suggested that the intent of the condition is that each patron should be
allocated a seat and as such no patron should be required to stand due to not having a seat. It is strongly
suggested that the recommended condition should be reworded.

It is further understood that Council itself identified the maximum number of seats from counting seats in
photographs supplied in the current development application. The figure 50 was not a number supplied by
the applicant. The applicant advises that a total of 70 seats exists in the outdoor dining area and as such it is
requested that this condition adopt this correct number.

The Applicant’s Request:           That recommended Condition 4 be amended as follows -

    4. ‘Patrons in the outdoor dining area must be have a seat allocated on the premises and the number
       of seats in the external dining area is 70. ‘


The applicant has been surprised by the local public support for its proposal since the local newspaper itself
instigated an article on the current development application. The applicant has obtained support from
nearly 2000 people whereby approximately 1300 people provided online support and in doing so offered
comments and approximately 600 people signed a petition at the counter of the premises whereby over 90%
of the signatures were from people who can considered to be “local residents”. Copies are enclosed for
Council’s records.

The applicant appreciates the willingness of Council to delay its assessment to provide the applicant the
ability to meet with Council staff and investigate certain matters. The applicant now requests that Council
completes its assessment of the development application. Council remains welcome to contact our
Sunshine Coast office if there are any matters that require clarification.



Yours sincerely,




Greg Martoo
Principal
martoo consulting pty ltd

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