Modification of consent Development Application sought approval to increase the operating hours of the Tern Inn Restaurant, Tuross Head.
The application was supported by an acoustic assessment dated 2 October 2016 and addendum dated 10 November 2016 prepared by SLR Consulting Australia Pty Ltd (SLR).
The application was notified to adjoining owners for a period of 14 days and ten submissions were received; four objecting to the extended trading hours and six in support.
Council sought a peer review of the acoustic assessment from an independent acoustic
consultant,to be certain that the assessment was correctly carried out and to address objector concerns that the acoustic report was inadequate. Council has now accepted the recommendations of the Planning Department report which are: RECOMMENDATION THAT Council approve application 313/02-M6 for a modification of trading hours at Lot 1 DP 537618, 2 Trafalgar Road, Tuross Head and notice of determination dated 23 November 2001 is amended to include the following conditions: 1a. The public trading hours of the restaurant are limited to the following: 8.00am to 11.00pm Monday, Tuesday, Wednesday, Thursday and Sunday, 8.00am to 12 midnight Friday and Saturday and any day preceding a Public Holiday, 8.00am to 2.00am New Year’s Eve. Clean up and food preparation can occur outside of trading hours. 1b.That the received noise level from restaurant operation not exceed 44 dB LAeq15min (day period), 38 dB LAeq15min (evening period) and 37 dB LAeq15min (night period) when measured at the boundary of nearby residences. 1c.Prior to the commencement of this consent, the applicant is to install an acoustic barrier recommended by SLR Consulting dated 10 November 2016, including the following: i.Place MDF panel or fibre cement sheet behind the horizontal timber panels between the verandah decking and the ground ii.Place a glass screen (no less than 6mm thick) with a height of 1.2m from the verandah decking. iii.These treatments would be required to extend from the eastern entry doors to the top of the wheelchair access ramp. Note:There will be other transparent screen material options available, including 6mm Perspex (or thicker), provided a minimum surface weight of 9kg/m2is achieved. 1d.Any trading beyond 10.00pm is to require the closure of all doors and relocation of any patrons form the deck to the inside of the restaurant. 1e.The sound levels (LA011min) of the premises received at nearby residences not exceed the sleep disturbance criteria contained in the NSW Industrial Noise Policy. 1f.Prior to the commencement of the approved trading hours, a Noise Management Plan is to be prepared which addresses at least the following matters: i.Information to be provided in the restaurant and at the place of exit, to alert patrons of the residential area and to keep noise to a minimum. ii.Advice to be provide to patrons upon booking, about where to park. iii.A plan identifying preferable onsite and on-street parking for patrons away from residential houses iv.Any other measure that can be used to reduce noise disturbance. The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 and an assessment has been completedto show that all considerations under Section 96 of the Act have been examined. The details of the modification were notified to fifteen property owners in the vicinity of the restaurant. During the notification period ten submissions were received with four objecting and six supporting the development. The main issues raised in the objections and the Council comment to each can be found in Council's Agenda on Page 40.