Appendix H - Code Response · MCU23/0078

                                                                                                                  Compliance
 Performance Outcome                                     Acceptable Outcomes                                                   Response
                                                                                                                  ✓//NA
 Amenity and Safety
 Hours of Operation                                      AO11.1                                                                Complies with PO11
 PO11                                                    The use or activity does not operate outside the                      The adjoining High Density Residential Precinct is
 Business activities are operated in a manner that       hours of 7:00am to 9:00pm, seven days a week,                         positioned away from areas most likely to have
 avoids or minimises evening, early morning or           where the site directly adjoins land in the following                 hours of operation that could impact on the
 weekend noise nuisances to sensitive land uses,         zones:                                                                amenity of residents (restaurants, bars, theatre,
 particularly surrounding residential uses.                  (a) All residential zones, except for the Tourist        ✓        entertainment uses) which are situated closer to
                                                                 accommodation zone                                            the western end of the Civic Spine.
                                                             (b) Major centre zone – High density residential                  Acoustic attenuation measures and strategies have
                                                                 precinct; or                                                  been implemented as per the recommends of
                                                             (c) Rural residential zone.                                       Appendix H - Environmental Noise Assessment to
                                                                                                                               mitigate noise nuisances.
                                                         AO11.2                                                                Not Applicable
                                                         Where the site is not specified above in AO11.1 the                   The proposed development is located adjacent to a
                                                         use does not operate outside the hours of 6:00am to          NA       Major Centre Zone – High density residential
                                                         10:00pm, seven days a week, except that a business                    precinct.
                                                         use such as a food and drink outlet, may operate until
                                                         12:00 midnight on a Friday and Saturday.
 Overlooking                                             AO12                                                                  Not Applicable
 PO12                                                    Where the business activity adjoins an existing or                    The proposed development does not currently
 Business activities maintain the reasonable privacy     approved residential use, the reasonable privacy and                  adjoin an existing or approved residential use.
 and amenity of site and adjoining residents and their   amenity of such uses is maintained by:
 enjoyment of indoor and outdoor living areas is not         (a) siting and orienting buildings to minimise
 unreasonably diminished.                                        the likelihood of overlooking occurring;             NA
                                                             (b) having windows and outdoor areas,
                                                                 (including balconies and terraces) located
                                                                 and designed so that they do not look into
                                                                 dwellings or visitor accommodation; and
                                                             (c) incorporating screening over building
                                                                 openings.




Code Compliance Statements                                                                                                                           Page 58 of 87