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Minor Change - Planning Report 15.08.2025 · MCU17/0024.03

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Town Planning Report
Request for a Minor Change to the Conditions
specified within approval – MCU17/0024.02
Replacement report for MCU17/0024.03 application

Sunshine Beach Surf Life Saving Club
4 The Esplanade, SUNSHINE BEACH 4567 QLD
Lot 126 on CP845336 & Lot 5 on SP269274
Full text of the other 18 pages

Page 2

Table of Contents

Important Note                                                                                                               2

1.   Summary                                                                                                                 3

2.   Background                                                                                                              4

3.   Development Intent – Proposed Change                                                                                    5
     3.1 Minor Change - Amendment of Condition 8: Aligning with Current Acoustic Standard.                                   5
     3.2 Deletion of Conditions 9, 10, and 11: Towards a More Effective Noise Management Strategy 6

4.   Change to Conditions                                                                                                    8
     4.1 Proposed Amendments                                                                                                 8
     4.2 Proposed to delete Conditions                                                                                     10

5.   Planning Assessment                                                                                                   13
     5.1 Development Codes                                                                                                 14
     5.2 Minor Change                                                                                                      14

6.   Conclusions                                                                                                           16




List of Tables
Table 1 - Substantially Different Development Guideline .................................................................... 15




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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced by any
process without the written consent of RG Strategic. All enquiries should be directed to RG Strategic.

We have prepared this report for the sole purposes of Sunshine Beach Surf Life Saving Club Inc
(“Client”) for the specific purpose of demonstrating the proposed use as being permitted under the
Noosa Plan 2020 (“Purpose”). This report is strictly limited to the purpose and the facts and matters
stated in it and does not apply directly or indirectly and will not be used for any other application,
purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information and
documents provided to us by the Client or as a result of a specific request or enquiry were complete,
accurate and up to date. Where we have obtained information from a government register or database,
we have assumed that the information is accurate. Where an assumption has been made, we have not
made any independent investigations with respect to the matters the subject of that assumption. We are
not aware of any reason why any of the assumptions are incorrect.

This report is presented without the assumption of a duty of care to any other person (other than the
Client) (“Third Party”). The report may not contain sufficient information for the purposes of a Third Party
or for other uses. Without the prior written consent of RG Strategic;

           •   this report may not be relied on by a Third Party; and

           •   RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
               arising out of or incidental to a Third Party; and

           •   publishing, using, or relying on the facts, content, opinions, or subject matter contained
               in this report

If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party assumes
all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any loss,
damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in taking
measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs, compensation,
interest and any other direct, indirect, consequential or financial or other loss.




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1.   Summary

IMPORTANT NOTE - This Report and Appendices replace all documentation previously submitted for the
Minor Change Application MCU17/0024.03.

RG Strategic has prepared this development application on behalf of Sunshine Beach Surf Life Saving
Club Inc. The purpose of this report is to seek approval for a Minor Change to approval MCU17/0024.02,
specifically to amend existing noise Condition 8 and delete Conditions 9, 10, and 11.

These proposed changes are designed to provide a more effective, practical, and enforceable noise
management framework for the venue, ensuring continued protection of residential amenity and
aligning with current regulatory standards.

The proposed amendments to Condition 8 aim to update the noise limits to align with the current
endorsed noise limits by the Office of Liquor and Gaming Regulation (OLGR). These limits, measured at
Close External Monitoring Locations (CEMLs), are precisely defined coordinates within 25m of the club,
as detailed in the accompanying Sunshine Beach Surf Life Saving Club Acoustic Report (App A - Minor
Change Application) (Acoustic Report 2).

The proposed noise limits are established to avoid 'unreasonable noise' as defined under the Liquor Act
1992 and Liquor Regulation 2002 at these CEMLs, thereby safeguarding residential amenity.

Additionally, this application seeks to delete Conditions 9, 10, and 11, which currently mandate the use
of a sound limiting device and related reporting. As established in Acoustic Report 2, sound limiting
devices are ineffective in controlling noise generated by patrons, which is a significant component of
overall noise emissions.

In place of these less effective conditions, the proposed Condition 8 will mandate compliance with the
venue's Risk Assessed Management Plan (RAMP), dated November 2024. The RAMP provides a
comprehensive set of operational and management measures that are far more practical and effective
in managing all sources of noise, including patron noise, thus achieving a superior outcome for noise
control and community amenity.

This report should be read in conjunction with the accompanying covering letter, DA Form, and
Appendices. The changes sought by this Minor Change Application protect the amenity of nearby
residents and maintain the intent of the existing Conditions, while offering a more relevant and
enforceable noise management solution.

Council’s approval of the application is therefore sought.




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2.   Background

On 19 October 2017, Council approved MCU17/0024, Development Permit for Material Change of Use
of Premises - Entertainment & Dining Business Type 1 Food & Beverages and Type 2 Recreation,
amusement and fitness.

Noting this application was not for new uses onsite but the extensive change in built form for a new Surf
Life Saving Club did not meet the criteria for a minor change.

On 20 October Council issued a superseded Decision Notice MCU17/0024, this was due to a tidy up
required in wording of conditions of earlier Decision Notice.

On 21 May 2020, Council approved a Minor Change, MCU17/0024.01 which approved changes to Noise
Condition 8. The requested noise limits were approved as Conditions 8(i) and 8(ii) for a period of 12
months unless further extended in writing, otherwise must revert to Conditions 8(iii) and 8(iv) (original
noise conditions).

A written request was never received by Council, and the club is required to comply with Conditions 8(iii)
and 8(iv) as the 12 months has lapsed.

On 17 December 2024, Council approved a Minor Change to MCU17/0024.02 for built form changes to
the eastern deck.

On 5 June 2025, a Minor Change application MCU17/0024.03 was submitted to Council for changes to
the Noise Conditions. This Report and Appendices, prepared by RG Strategic replaces all documentation
previously submitted for this Minor Change Application.




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3.   Development Intent – Proposed Change

IMPORTANT NOTE - This Report and Appendices replace all documentation previously submitted for the
Minor Change Application MCU17/0024.03

The primary purpose of this Minor Change application is to amend the existing noise Condition 8 and to
delete Conditions 9, 10, and 11 of approval MCU17/0024.02. This submission provides the detailed
justification for these amendments, which are critical to establishing a more practical, effective, and
contemporary noise management framework for the Sunshine Beach Surf Life Saving Club.

3.1 Minor Change - Amendment of Condition 8: Aligning with Current Acoustic Standard.

     Existing Conditions 8(iii) and 8(iv) contain outdated noise limits from the original 2017 renovation
     approval (MCU17/0024). Conditions 8(i) and 8(ii) were temporary and have since lapsed. The
     proposed changes to Condition 8 are necessary to bring the approval conditions into alignment
     with current acoustic assessment standards and the noise limits endorsed by the Office of Liquor
     and Gaming Regulation (OLGR).

     This application seeks to amend Condition 8 to specify clear and enforceable noise limits,
     measured with a fast response, at Close External Monitoring Locations (CEMLs). These CEMLs are
     strategically positioned coordinates within 25 meters of the venue, specifically along the fence
     lines of the nearest noise-sensitive residential properties to the south and north of the club.

     As detailed in the Acoustic Report - Minor Change - 12.08.2025 (App A), the proposed noise limits
     for each CEML are as follows:

     • CEML 1 – Located external to the premises between the southern side of the clubhouse and the
     residence at 9 Webb Road (residence closest to beach), one metre from the retaining wall in Ed
     Webb Park and perpendicular to the retaining wall and the southern-most boundary:

       ◦ 61 dBA before 6:00 pm

       ◦ 56 dBA between 6:00 pm and 10:00 pm

       ◦ 58 dBC between 10:00 pm and 12:00 am

     • CEML 2 (Corresponds to L3 in Acoustic Report 2, which is associated with RAP.2 at 7 Webb Road):

       ◦ 61 dBA before 6:00 pm

       ◦ 56 dBA between 6:00 pm and 10:00 pm

       ◦ 55 dBC between 10:00 pm and 12:00 am

     • CEML 3 (Corresponds to L6 in Acoustic Report 2, which is associated with RAP.4 at 4 Bryan
     Street):

       ◦ 55 dBA before 6:00 pm

       ◦ 56 dBA between 6:00 pm and 10:00 pm

       ◦ 63 dBC between 10:00 pm and 12:00 am

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The proposed noise limits are inclusive of all noise emanating from the premises, including amplified
and non-amplified entertainment and patron noise, and must be measured with a fast response.
Alterations or changes to the premises or landscape that could vary the location of any CEML's or make
their location unidentifiable must not be undertaken without the authority of Noosa Council and the
Commissioner for Liquor and Gaming.

These proposed noise limits are derived from a comprehensive acoustic assessment that investigated
potential noise impacts in relation to 'unreasonable noise' as defined in the Liquor Act 1992 and Liquor
Regulation 2002. Their adoption will ensure that noise emanating from the club does not exceed
regulatory limits, effectively protecting the amenity of the closest residents to the club.

In addition, the applicant seeks to include in Condition 8 the ‘Risk Assessed Management Plan (RAMP)
which contains information about the procedures and practices, prescribed under Section 38A of the
Liquor Regulation 2002, for the conduct of business at the premises. The RAMP provides practical
proactive measures to manage noise levels so to not exceed noise levels at the CEML’s.

Some of these very effective, practical operational and management measures, which are already
included in the clubs RAMP are but not limited to:

    •     Periodic checking and record keeping of noise levels at the CEML locations using a sound level
          meter. This includes record keeping of any noise complaints received and noise levels
          measured by venue staff/management at the time of a complaint.

    •     Taking proactive measures to reduce noise levels as required, such as:

               o   closure of doors/windows

               o   lowering output noise levels of amplified loudspeakers

               o   encouraging large or noisy groups of patrons to be mindful of the community and/or
                   dine indoors at times when noise limits are lower (such as after 10:00pm), at the
                   discretion of the venue manager/duty manager.

3.2 Deletion of Conditions 9, 10, and 11: Towards a More Effective Noise Management Strategy

The application specifically requests the deletion of existing Conditions 9, 10, and 11, which relate to
the mandatory use and calibration of a sound limiting device. The sound limiting device is part of the in
house sound system and controls amplified and/or non-amplified noise when occurring through this
system.

As established in Acoustic Report 2, sound limiting devices are inherently ineffective in mitigating noise
generated by patrons. In scenarios where patron noise alone leads to exceedance of noise limits at the
CEMLs, a sound limiting device provides no mechanism for reduction. Additionally, given that portable
loudspeakers can be used for amplified entertainment, these devices would not operate for systems not
linked to the permanent sound system, further diminishing their effectiveness,

Therefore, the provisions of Conditions 9, 10 and 11 are ineffectual as they do not provide for overall
noise mitigation. The RAMP can manage noise (including patron noise) far more effectively than the


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sound limiting device, and as discussed above it is sought to include the RAMP in Condition 8.

The RAMP, by contrast, provides a holistic and more practical approach to noise management. It equips
venue management with a suite of operational and management controls that address all sources of
noise, ensuring compliance with the Liquor Regulation without relying on an ineffective technical device.

The proposed inclusion of the RAMP in Condition 8 therefore provides a significantly better and more
enforceable outcome for noise management compared to the existing conditions that mandate a sound
limiting device, which as its name states, is limiting noise through software but does not control patron
noise, which can often exceed noise limits at CEML’s.

The noise limits sought, avoid ‘unreasonable noise’ as defined by the Liquor Act 1992 and therefore
protects the CEML’s from adverse amenity impacts caused by any noise emanating from the venue.

The proposed amendments to the Conditions are supported by an acoustic assessment methodology
accepted by the Office of Liquor and Gaming Regulation (OLGR) and are endorsed by OLGR on the club’s
current liquor licence.

The intended outcomes of the existing approval conditions are maintained but are proposed to be
updated to be relevant of the club’s current acoustic situation and align with conditions endorsed by
OLGR.

In conclusion, these proposed amendments fully comply with the Planning Scheme by avoiding
environmental nuisance and maintaining and indeed enhancing the amenity of the surrounding area
through a more robust and responsive noise management framework




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4.     Change to Conditions

Condition 8(i) and 8(ii) sets out temporary conditions which have lapsed and 8(iii) and 8(iv) are outdated
and require amending.

Existing Condition 8 reads-

All amplified noise at the premises must be conducted through a sound limiting device at all times to
ensure that noise does not exceed the following:

i.       between 6a.m. and 10p.m.—the adjusted maximum sound pressure level LA10, plus
         adjustments for tonal and impulse components, exceeding the background level LA90 by more
         than 10dB(A);

ii.      between 10p.m. and 6a.m.—the sound pressure level LOCT10, in a full octave band with centre
         frequencies from 63HZ to 2000HZ, exceeding the background level LOCT90 by more than 8dB in
         any octave band.

Condition 8 (i )and (ii )shall apply for 12 months commencing 22 May 2020, unless further extended by
Council in writing. After that time if not extended by Council in writing condition 8 (iii) and (iv) shall apply:

iii.     Noise emanating from the premises including amplified or non-amplified noise and patron noise
         prior to 10.00pm must not exceed 90dBC, fast response, when measured approximately 3
         metres from the source of the noise; and

iv.      Noise emanating from the premises including amplified or non-amplified noise and patron noise
         after 10.00pm must not exceed 85dBC, fast response, when measured approximately 3 metres
         from the source of the noise.

4.1 Proposed Amendments

It is requested Condition 8 be amended to read as follows-

8.       Noise emanating from the premises, including amplified and/or non-amplified noise and/or
         patron noise, must not exceed the following limits, fast response, when measured at the
         following close external monitoring locations (CEMLs):

         i.       CEML 1 – Located external to the premises between the southern side of the clubhouse
                  and the residence at 9 Webb Road (residence closest to beach), one metre from the
                  retaining wall in Ed Webb Park and perpendicular to the retaining wall and the southern
                  most point of the clubhouse roof - this has approximate coordinates of (Latitude -
                  26.40662, longitude -153.11198).

                  - 61 dBA between 10:00am and 6:00pm

                  - 56 dBA between 6:00pm and 10:00pm

                  - 58 dBC between 10:00pm and 12:00am

         ii.      CEML 2 - Located external to the premises, between the southern side of the clubhouse


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                 and the residence at 7 Webb Road, approximately one metre perpendicular from the
                 retaining wall in Ed Webb Park and in-line with the beach-side roof line of the residence
                 at 7 Webb Road (roadside residence) - this has approximate coordinates of (Latitude -
                 26.40659, longitude - 153.11171).

                 - 61 dBA between 10.00 am and 6.00 pm.

                 - 56 dBA between 6.00 pm and 10.00 pm.

                 - 55 dBC between 10.00 pm and 12.00 am.

         iii.    CEML 3 - Located external to the premises on the northern side of the clubhouse,
                 directly over the tactile `edge of footpath' indicators at the north-east corner of the
                 clubhouse driveway entry at Belmore Terrace - this has approximate coordinates of
                 (Latitude -26.40578, longitude - 153.11206).

                 - 55 dBA between 10.00 am and 6.00 pm.

                 - 56 dBA between 6.00 pm and 10.00 pm.

                 - 63 dBC between 10.00 pm and 12.00 am.

         iv.     Alterations or changes to the premises or landscape that could vary the location of any
                 CEML's or make their location unidentifiable must not be undertaken without the
                 authority of Noosa Council and the Commissioner for Liquor and Gaming.

         v.      The premises must comply with Section 5.2 and Section 11 of the Risk Assessed
                 Management Plan (RAMP), dated November 2024, in relation to procedures for
                 managing noise and mitigating impacts on the amenity of the surrounding community.

Comment – This amendment to Condition 8 represents a crucial upgrade to the noise management
framework, transitioning from outdated and less effective conditions to a robust system that is fully
aligned with current regulatory best practices and the venue's operational realities.

The previously imposed noise limits, particularly Conditions 8(iii) and 8(iv), are no longer appropriate as
they were based on an older acoustic guideline (OLGR Guideline 50, superseded by Guideline 51 in
2019) and are not representative of the premises' current acoustic situation. Furthermore, the
temporary conditions (8(i) and 8(ii)) approved in 2020 have lapsed without extension, reverting the club
to these outdated requirements.

The proposed new Condition 8 stipulates noise limits measured at 'Close External Monitoring Locations'
(CEMLs). These are precisely defined geographical coordinates, strategically located within 25 meters of
the venue and in the direction of the nearest identified 'Representative Affected Premises' (RAPs).

This approach offers significant practical advantages, providing the licensee with greater flexibility
regarding venue configuration while ensuring that external noise limits are consistently met, thereby
eliminating cumbersome conditions tied to internal configurations like specific door and window
closures.



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A key strength of the CEML-based limits is their comprehensive scope: they account for all cumulative
noise emanating from the venue, encompassing amplified music, non-amplified entertainment, and
crucially, patron noise. This ensures that the overall noise impact on nearby sensitive receptors is
effectively managed, addressing a critical limitation of previous conditions which primarily focused on
amplified noise measured close to the source.

Furthermore, the amended condition explicitly integrates compliance with the club's Risk Assessed
Management Plan (RAMP) as the central mechanism for noise control. The RAMP details specific,
proactive, and practical operational and management measures to prevent noise levels from exceeding
the CEML limits. These measures include periodic checking and meticulous record-keeping of noise
levels at CEMLs, documenting any complaints, and implementing proactive interventions such as
closing doors/windows, adjusting amplified loudspeaker output, and encouraging large or noisy groups
of patrons to be mindful or move indoors, particularly during periods of lower noise limits (e.g., after
10:00 PM).

This robust management framework renders sound limiting devices, which are ineffective in controlling
noise generated solely by patrons, entirely redundant.

This proposed amendment is not merely an administrative adjustment; it is fully substantiated by a
comprehensive acoustic assessment (reference: #1721d1-C, dated 12 November 2024, contained
within App A) conducted in strict accordance with the Office of Liquor and Gaming Regulation (OLGR)
Guideline 51.

Importantly, the OLGR has already formally accepted these recommendations and unequivocally
endorsed these new conditions on the club's current liquor licence (Licence number: 86806, issued
April 28, 2025).

By implementing these well-supported and rigorously assessed changes, the Sunshine Beach Surf Life
Saving Club is confidently expected to avoid generating "unreasonable noise" as defined under the
Liquor Act 1992 and Liquor Regulation 2002.

This ensures the continued and enhanced protection of the amenity of nearby residents, establishing a
more practical, enforceable, and effective noise management framework that aligns with both the club's
current acoustic situation and the highest regulatory standards.

4.2 Proposed to delete Conditions

The application proposes the deletion of Conditions 9, 10, and 11.

Comment - These existing conditions mandate the use of a sound limiting device with a locking
mechanism and restricted access to manage amplified noise. However, the rationale for their removal is
based on their ineffectiveness in achieving comprehensive noise control and the superior alternative
offered by the proposed Risk Assessed Management Plan (RAMP).




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Here's a detailed justification for the deletion:

    •    Inadequacy of Sound Limiting Devices:

               •   While sound limiting devices can control amplified or non-amplified noise when it
                   passes through the venue's installed sound system, they are fundamentally ineffective
                   in managing patron noise.

                   Patron-generated noise, such as conversations or shouting, is not fed through the
                   sound system and therefore cannot be controlled by such a device, even if it causes
                   noise exceedances at the monitoring locations.

               •   Furthermore, the venue can use portable loudspeakers provided by booked
                   entertainment in areas like the ground floor bar and first-floor function room. Any sound
                   limiters installed in the permanent system would not affect these portable systems,
                   rendering the devices ineffective in these scenarios as well.

               •   The methodology for applying the new "Close External Monitoring Limits" (CEMLs)
                   makes conditions tied to internal sound limiting devices inappropriate.

    •    Superiority of the Risk Assessed Management Plan (RAMP):

               •   The proposed new Condition 8 explicitly integrates compliance with the club's Risk
                   Assessed Management Plan (RAMP) as the primary tool for noise management. The
                   RAMP is a comprehensive document detailing proactive operational and management
                   measures.

               •   The RAMP ensures that effective mitigation strategies are in place, going beyond merely
                   limiting amplified sound. These measures include, but are not limited to:

                          Periodic checking and meticulous record-keeping of noise levels at the CEMLs
                           using a sound level meter.

                          Documenting any noise complaints received and recording noise levels
                           measured by venue staff or management at the time of a complaint.

                          Implementing proactive interventions to reduce noise, such as closing doors
                           and windows, lowering the output levels of amplified loudspeakers, and
                           encouraging large or noisy groups of patrons to be mindful of the community or
                           move indoors, particularly during periods with lower noise limits (e.g., after
                           10:00 PM).

               •   These RAMP measures can effectively manage all sources of noise, including amplified
                   music, non-amplified entertainment, and critically, patron noise. This holistic approach
                   is far more practical and effective than relying solely on a sound limiting device.

Therefore, the deletion of Conditions 9, 10, and 11 is not a reduction in control, but rather a strategic and
well-justified move to a more effective, practical, and comprehensively supported noise management



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framework that aligns with current best practices and regulatory endorsements.

It is requested that Conditions 9, 10 and 11 be deleted as new proposed Condition 8(iv) provides a
better outcome for noise management.




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5.   Planning Assessment

The proposed Minor Change for the Sunshine Beach Surf Life Saving Club is strongly supported based on
several key planning and noise management considerations:

Effective Noise Management via Close External Monitoring Locations (CEMLs):

The core of the proposal is to implement new noise limits measured at 'Close External Monitoring
Locations' (CEMLs). These are specific external coordinates, typically within 25 meters of the venue and
in the direction of noise-sensitive properties.

The CEML limits are designed to capture and control all types of noise emanating from the venue,
including amplified music, non-amplified entertainment, and critically, patron noise. This comprehensive
approach ensures that no 'unreasonable noise' impacts will occur at these sensitive locations, as defined
under the Liquor Act 1992.

This methodology aligns with the Office of Liquor and Gaming Regulation's (OLGR) Guideline 51, and the
recommended limits have already been formally accepted and endorsed by OLGR on the club's current
liquor licence (Licence number: 86806, dated 28 April 2025).

Maintenance of Residential Amenity:

The shift to CEML-based noise control, combined with the new management plan, ensures that the
amenity of surrounding residents is maintained and not adversely impacted. The rigorous monitoring at
external points directly addresses noise levels experienced by neighbours.

Superiority of the Risk Assessed Management Plan (RAMP):

The application seeks to delete existing Conditions 9, 10, and 11, which mandate a sound limiting device.
This is because a sound limiting device is considered ineffectual for overall noise control as it cannot
manage patron-generated noise (which is not fed through the sound system) or portable sound systems.

Instead, the proposed new Condition 8 incorporates the club's Risk Assessed Management Plan (RAMP).
The RAMP provides more effective and practical operational and management measures. These
measures include regular noise monitoring, complaint documentation, and proactive interventions like
closing doors/windows, lowering music levels, and encouraging patrons to move indoors during sensitive
times.

Compliance with Minor Change Criteria:

The proposal clearly fits the definition of a 'Minor Change to Approval' in accordance with Schedule 2 of
the Planning Act 2016. It does not involve new use or land, does not alter built form, and does not change
the club's intended operation. It also introduces no new impacts nor increases the severity of known
impacts. The proposal is entirely consistent with the intent of the original Decision Notice
(MCU17/0024.02).




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5.1 Development Codes

The development codes applicable to the proposed Minor Change are:

    •    Coastal Communities Local Plan Code,

    •    Recreation and Open Space Zone Code

    •    Business Uses Code.

When the recommended changes to Condition 8 are fully imposed and the club management complies
with these updated conditions, the club is not expected to generate "unreasonable noise," as explicitly
defined within the Liquor Regulation 2002.

This is achieved through the implementation of Close External Monitoring Location (CEML) noise limits,
which are designed to account for all cumulative noise, including amplified music and patron noise.

These new noise limits and the acoustic assessment supporting them have been accepted and
endorsed by the Office of Liquor and Gaming Regulation (OLGR) and are reflected on the club's current
liquor licence.

A thorough review confirms that the proposed Condition 8 fully complies with all relevant Acceptable
Outcomes, Performance Outcomes, and Overall Outcomes, specifically addressing the Amenity and
Safety outcomes of the Business Uses Code.

Ultimately, these proposed changes ensure full compliance with the Noosa Plan 2020 and continue to
protect nearby residents from adverse noise impacts emanating from the club.

5.2 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -

(b) for a development approval—

         (i) would not result in substantially different development; and

         (ii) if a development application for the development, including the change, were made when the
         change application is made would not cause—

                  (A) the inclusion of prohibited development in the application; or

                  (B) referral to a referral agency, other than to the chief executive, if there were no referral
                  agencies for the development application; or

                  (C) referral to extra referral agencies, other than to the chief executive; or

                  (D) a referral agency, in assessing the application under section 55(2), to assess the
                  application against, or have regard to, a matter, other than a matter the referral agency
                  must have assessed the application against, or had regard to, when the application was
                  made; or

                  (E) public notification if public notification was not required for the development


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                 application.

In respect of whether the change results in a ‘substantially different’ development, assessment against
Schedule 1: Substantially Different Development Guideline contained within the Development
Assessment Rules, is provided in Table 1 below:

Table 1 - Substantially Different Development Guideline

 ‘Substantially different’
                                              Comment
 development

 Involves a new use                          No change of use is proposed.

 Results in the application applying to      No new land is applied over as part of this change
 a new parcel of land                        application.

 Dramatically changes the built form         No built form changes re proposed.
 in terms of scale, bulk, and
 appearance

 Changes the ability of the proposal to      Does not change the ability of the Surf Club to operate as
 operate as intended                         intended.

 Removes a component that is integral        The proposed minor change will not alter the operation of
 to the operation of the development         the development.

 Significantly impacts on traffic flow and   No impacts on traffic flow as a result of the development.
 the transport network, such as
 increasing traffic to the site

 Introduces new impacts or increases         No new impacts are proposed.
 the severity of known impacts

 Removes an incentive or offset              No incentive or offset component will be impacted as a
 component that would have balanced a        result of the proposed Minor Change.
 negative impact of the development

 Impacts on infrastructure provisions        The proposed Minor Change will not impact upon any
                                             infrastructure network.




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6.   Conclusions

The proposed Minor Change to the approval conditions for the Sunshine Beach Surf Life Saving Club
(MCU17/0024.02) is strongly supported by a robust and current acoustic assessment methodology.

This methodology, prepared by Live It Acoustics, has been formally accepted by the Office of Liquor and
Gaming Regulation (OLGR) and the resulting noise conditions are endorsed by OLGR on the club’s
current liquor licence (Licence number: 86806, dated 28 April 2025).

A central component of this application is the implementation of "Close External Monitoring Locations"
(CEMLs) for noise limits. These locations, within 25 meters of the venue and oriented towards noise-
sensitive properties, allow for the monitoring and control of all cumulative noise, encompassing
amplified music, non-amplified entertainment, and critically, patron-generated noise. This holistic
approach is essential to prevent "unreasonable noise" as defined in the Liquor Regulation 2002.

A key objective of this Minor Change application is to remove the outdated conditions (Conditions 9, 10,
and 11) that mandate the use of a sound limiting device. As explicitly detailed in the Acoustic Report,
sound limiting devices are ineffective for comprehensive noise control because they cannot manage
noise from patrons or portable entertainment systems, which do not pass through the venue's sound
system.

Instead, the proposal integrates the club's Risk Assessed Management Plan (RAMP) into Condition 8.
The RAMP provides a more practical and effective framework with operational and management
measures to control noise impacts, including proactive steps such as door/window closure, sound level
adjustments, and managing patron behaviour.

The approval of this Minor Change from Noosa Council is pivotal. While OLGR has already endorsed the
new CEML-based noise limits on the club's liquor licence, the OLGR licence currently retains the sound-
limiting device condition because it remains a requirement of the Council's town planning approval.

By amending Condition 8 and deleting Conditions 9, 10, and 11 from the Council's Decision Notice, the
OLGR has provided positive indication that they will remove the corresponding, redundant sound-
limiting device conditions from its liquor licence, achieving full regulatory alignment.

From a planning perspective, the proposed changes fully comply with the Noosa Plan 2020 and
specifically satisfy the relevant Amenity and Safety outcomes of the Business Uses Code. This
application meets the definition of a 'Minor Change to Approval' under Schedule 2 of the Planning Act
2016 because it does not introduce new uses, alter built form, or change operational capacity.

Crucially, it introduces no new impacts and does not increase the severity of any existing impacts,
ensuring that the intended outcomes of the original approval conditions are maintained while providing
a more modern and enforceable noise management framework.

In conclusion, this Minor Change application (MCU17/0024.02) is strongly recommended for approval.
The proposed amendments, driven by a regulatorily-endorsed acoustic methodology, introduce a



RG Strategic                          Planning Report – Minor Change Application                          16

Page 18

superior noise management system that effectively safeguards residential amenity by addressing all
sources of noise, including patron noise. This proactive approach supports the continued operation of
the Sunshine Beach Surf Life Saving Club, aligning with best practices in noise control and Council's
broader planning objectives for coastal communities

We look forward to Council processing the application at its earliest convenience.

Should you require any additional information or have any queries please to not hesitate to contact us.




RG Strategic                         Planning Report – Minor Change Application                           17

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