2014-03-25 Planning & Organisation Committee Agenda Pages 39-80

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                   25 MARCH 2014


On the 8 January 2008, the Infrastructure Agreement was subsequently settled by officers and
the owners of the island. The Infrastructure Agreement imposed a number of conditions,
including the restriction on vegetation removal, compliance with management plans, flooding and
the use of the buildings to be restricted only for a dwelling house. All management plans
mentioned within the Infrastructure Agreement applying to the development have been complied
with.

4.    Application Assessment

A copy of the officer report is included as Attachment 3.

Conditions 4 and 15, which are the subject of appeal, are as follows:-

4.    No more than 20 persons are to be accommodated on the island within the 3 bungalows
      (comprising 2 bedrooms each) and bedroom wing (containing 4 double rooms), except for
      the approved caretakers/staff dwelling (capable of sleeping 4 persons) as indicated on the
      approved plans. No additional persons and/or guests are permitted on the island at any
      time, apart from the on-site manager and staff.
15.   Noise from amplified music and entertainment must not be audible at any affected
      premises between the hours of 10:00pm and 7:00am.

The 2 conditions are considered critical to restrict noise emissions to an appropriate level in order
to protect the amenity of neighbouring residents. While the island is located in the Noosa River,
the closest residential properties are located just over 200 metres to the west in Cambridge
Court, Tewantin. The area is residential in nature and is not located within the visitor mixed use
precincts of Gympie Terrace where some level of noise might be anticipated by residents.

At the time of assessment of the development application, the applicant’s noise report modelled
noise and used the Office of Liquor Gaming and Racings criteria for amplified music. This criteria
allows significant emissions of noise over the background at various times of day or night and is
generally only suitable for entertainment precincts where pubs and clubs would usually establish.
This is not appropriate for the area given the proximity of residential properties and is
inconsistent with The Noosa Plan provisions for the area.

It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration

Not previously considered by Noosa Council.

Finance & Risk

Should the matter proceed to trial there will be costs in defending the appeal of approximately
$50,000.

CONSULTATION

External Consultation - Community & Stakeholder

At this stage the matter has been referred to Council’s solicitor for planning matters and advice
sought from an acoustic consultant.




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