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Decision Notice - Change to an Existing Approval - 010.2005.00001189.005 [As Published] · 132005.1189.05

of 19

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                                                                                     2005/1189

79.   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.
80.   Noise emission from air conditioning equipment shall comply with the following requirements:
      80.1. The equipment shall be installed and 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. Infringement Notices (on-the-spot fines) may apply for offences.
      80.2. Submission of written certification from a suitably qualified person confirming that the
            noise levels comply when measured at the nearest residential boundary. This is
            required immediately after installation of the equipment and prior to any occupation of
            the building, and in a format approved by Council.
      80.3. A person must not use equipment on any day if it makes or causes noise to be made –
            80.3.1.   Before 7am or after 10pm: More than the lower of either –
                       40 d(B)A
                       3 d(B)A above the background noise level
            80.3.2.   From 7am to 7pm: More than the lower of either –
                       50 d(B)A
                       5 d(B)A above the background noise level
            80.3.3.   From 7pm to 10pm: More than 3 d(B)A above the background noise level.
81.   Deleted.
82.   The Environmental Protection Regulation 1998 and Local Law No.12 prohibit a builder from
      making noise from:-
      82.1. Monday to Saturday, before 7:00am or after 6:30pm
      82.2. Sunday or public holiday, at any time.
      A maximum penalty of $1,500 applies to an offence under these provisions
83.   The applicant is to submit two (2) sets of professionally drawn scale plans in compliance with
      Council’s Code controlling food establishments for approval by Council’s Environmental Health
      Section, for any food premises proposed to be included in the development. Approval is to be
      obtained prior to fitting out the building.
84.   For café or restaurant the developer must provide toilets for customers and staff in accordance
      with the Building Code of Australia.
85.   Separate plans are to be submitted detailing the location and outlet for any mechanical
      exhaust system. The installation of any mechanical exhaust system is to comply with
      Australian Standard 1668.
86.   The development must be undertaken and operated in a manner that causes no detrimental
      effect upon the amenity of the neighbourhood by reason of the creation of excessive noise,
      lighting, dust or odour nuisance or any other emissions in accordance with the nuisance
      provisions of the Environmental Protection Regulation 1998. On the spot fines apply for such
      offences.




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