23176DA Change a Decision Notice [As Published] · 132003.220653.3

                                                                                      2003/220653

128. Swimming pool or spa pumps are to be contained in an acoustically treated enclosure or
     located in a manner which prevents a noise nuisance beyond the subject land in accordance
     with the nuisance provisions of the Environmental Protection Regulation 1998. On the spot
     fines apply for such offences.
129. Air conditioning units shall be located in a manner which prevents noise nuisance beyond the
     subject land in accordance with the nuisance provisions of the Environmental Protection
     Regulation 1998 and Council’s Local Law No. 12 - Control of Nuisances. On the spot fines
     apply for such offences.
      An occupier of premises where there is air-conditioning equipment must not use or allow the
      use of the equipment -
      129.1       before 7am or after 10pm on any day if it makes noise or causes noise to be made
                  of more than the higher of the following -
                  -      40 dB(A)
                  -      3 dB(A) above the background noise level from 7am to 7pm on any day if it
                         makes noise or causes noise to be made of more than the lower of either of
                         the following -
                  -      50 dB(A)
                  -      5 dB(A) above the background noise level
      129.2       from 7pm to 10pm on any day if it makes noise or causes noise to be made of
                  more than 3 dB(A) above the background noise level.
130. The area is in close proximity to vector breeding areas and the following conditions are
     required.
      130.1     All windows and doors shall be screened with mosquito-proof gauze not coarser
                then 1mm aperture to prevent the ingress of mosquitoes. It should be noted that
                these screens will not necessarily restrict the ingress of Biting Midge due to their
                reduced size.
      130.2     The developer is to undertake a public education/awareness program for all persons
                visiting the premises on the potential health risk of and ways to prevent being bitten
                by Mosquitoes and Biting Midge.
      130.3     A notation shall be added to Council’s records whereby any applicant undertaking a
                health/property search is advised that this premises is located near major breeding
                areas of Mosquitoes and Biting Midge and may be subject to associated problems.
131. All rooftop terrace and accessway balustrades and upstands are to be constructed of open or
     transparent materials.
132. The rooftop terrace shall not be covered with any fixed structure or the like.
Additional Condition - Access & Services Easement (1/7/2010)

133. An access and services easement shall be created over the proposed shared driveway that
     gives access to the basement carparking of Lot 8 on SP195871 through Lot 7 on SP195871
     and over any services that supply Lot 8 on SP 195871 but stand within Lot 7 on SP195871.
     The easement shall be of sufficient width to encompass the whole of the driveway and any
     manoeuvring area (with the width being increased where necessary to accommodate passing
     lanes or to provide the specified clearances from cut/fill batters) and shall be of sufficient width
     to permit maintenance and replacement of the services. The easement shall be to the benefit
     Lot 8 on SP195871 and burden Lot 7 on SP195871.



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