PM Submission Object - Cherie Grace MCU16/0089

Subject: PLANNING APPLICATION - MCU16/0089
From: Michael Grace
Date: 2016-09-11T07:54:27+00:00
To: Mailbox Council Mail

Dear Sir/Madam,

I write this submission in response to recently received Council correspondence attached to the planning application for a change of land use at a commercial property, 203 Gympie Terrace Noosaville, on the corner of Thomas Street.

As the owner of an adjoining residential property in the Twin Quays apartments (Albert Street), that would be the closest residential neighbour to the subject site, I am concerned regarding several aspects of this proposal and, if approved, its potential to adversely effect my amenity.

The current use has been for offices that have not generated any noise annoyance and typically, traded during the hours of 9 -5.  My concern relates to the early (6am) commencement of classes and late finishing time of 7pm and weekends at hours when there is very little ambient noise.

Following receipt of the Council email which contained a site plan showing the numerous shop leases I visited the site to gain awareness of the proposed rental space for the pilates studio. It is evident that the plan is inaccurate/incomplete as it does not show the full extent of upper level floor space under consideration.  It is presumed that the shop leases (13,14 & 15) extend further than indicated on plan. Work is currently being undertaken on the internal space and some new sliding windows/doors have been installed.  From an external assessment of the subject property it is evident that the structure is of a fairly insubstantial nature with regard to walls (single skin concrete blockwork), windows and roof construction.  For this reason it would be a concern that Council establish the capacity of this structure to insulate any noise from music and/or equipment to adversely impact on adjoining properties.  This may entail a report from an acoustic engineer in support of the applicant's proposal. An internet search of other pilates operations elsewhere shows that approving authorities frequently seek acoustic reports to make thorough assessment possible.  Please advise the decibel limits of noise that Council will set in considering this proposal so that some precise benchmark standard is established for monitoring compliance.

The approach from the car park is via an open, lightweight metal flight of stairs giving access to a narrow (1 metre approx wide) open balcony walkway some 25 metres in length giving address to the subject space.  There is a low dwarf wall (approx 300mm high), separating the balcony from the metal deck roof of ground level shops adjacent.  Children, in particular, could easily hop over this low barrier and be at risk of falling off the roof edge. This cannot be consistent with building regulations or safety standards.

The proposal seeks a land use change to accommodate this facility and the category described in Council's email embraces a range of activities including fitness centres, restaurants, music venues and the like.  If the pilates facility were approved and subsequently vacated the space it seems possible that another 'conforming' use could take over the space.  My serious concern relates to an even greater potential for noise generation to the detriment of adjacent residential owners.  Would Council processes permit such a change or would there be another round of consultation?  I seek your advice on this aspect.

Your sincerely,

Cherie Grace
(MOB  0418 643642)