Business, Community, Council

CBD apartment complaint quashed

Biddy Kate's owner Terry Sloan. Photo: Matt Brown.

A bar owner who feared a proposed apartment development would mean noise complaints has lost his bid to stop the plan going head.

Hotel owner Terry Sloan, whose pub, Biddy Kate’s, sits directly opposite the site of the proposed apartments, was worried future tenants would find it too noisy.

But a decision by a council-appointed commissioner found the pub, which includes an upstairs backpackers, was unlikely to be the target of noise gripes.

He highlighted that the pub was already able to operate with “noise sensitive activity” – its own visitor accommodation.

In his official decision, commissioner Julian Ironside says the decision rested on whether Biddy Kate’s would suffer unreasonable constraints from residential use of the Porse building.

“I recognise that permanent residents may have or develop different expectations in terms of a night-time noise environment,” Julian says.

“However, I do not consider that the establishment of residential activity in the Porse building is contrary to the expectations for the Central Business Zone or is incompatible with the business activities undertaken on the Criterion Hotel site.

“The issue of night-time noise is in my view adequately addressed by the refurbishment details for the proposed apartments.”

The apartments ranging in floor area from 62 square metres to 110 square metres, have been in the pipeline for building owners TH Barnes & Co since late last year.

Consents show vacant shop frontage on the street could be converted to a car parking garage and storage for each of the units.

The car parking garage entrance would require the loading zone on the street to be moved or removed.

Originally built for the Inland Revenue Department in 1987, the government agency downsized and quit the region shortly after completion.

Since then, the building has been largely vacant.

Council documents show TH Barnes & Co engaged a lawyer to draft a ‘Noise and Nuisance’ agreement that could be signed by both parties ahead of the development.

The documents were not signed by Terry, it says.

Plans for the apartment include double glazed windows to minimise sound intrusion and an acoustic engineer’s report found the apartments comply with the noise rule for residential activity within the CBD.

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