Judgment - PECA 24.25 - 19.06.2026

24.   Communal outdoor recreation facilities including swimming pools, spas and sports courts
      are not to be used between the hours of 10:00 PM and 6:30 AM the following day.
      Noise
25.   Written certification is required from a suitably qualified person confirming that sound
      pressure levels from all mechanical plant and equipment comply with the following:
      a.   Air-conditioning and Refrigeration
               i.    7am to 10pm: Maximum level allowable = background + 5dB(A)
              ii.    10pm to 7am: Maximum level allowable = background + 3dB(A)
      b.   Pumps, Service Room
                i.   7am to 7pm: Maximum level allowable = background + 5dB(A)
               ii.   7pm to 10pm: Maximum level allowable = background + 3dB(A)
              iii.   10pm to 7am: No audible noise.
26.   The certification must be submitted to Council, which certifies that operational noise from
      any fixed plant and equipment complies and with the requirements of this Decision Notice.
      Lot Amalgamation
27.   All separate, adjoining lots that form part of this application shall be amalgamated into one
      undivided allotment in accordance with the Plan of Survey submitted for registration at the
      Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to
      Council prior to the issue of the Development Permit for Building Works.
      Easements
28.   Deleted
29.   Unless otherwise agreed in writing by the relevant service provider, any public or third party
      infrastructure located on the subject site must be placed within an easement registered
      against the title of the property.
30.   Any easement proposed under Condition 29 must be designed in accordance with the
      planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a
      service authority, the easement documentation must be in accordance with the Grantee’s
      standard easement terms. Draft easement documentation must be submitted to Council
      for endorsement.
31.   All works must be kept clear of any existing or proposed easements on the subject land,
      unless agreed otherwise in writing by the Grantee.
      Community Management Statement
32.   Any proposed Community Management Statement required for the development pursuant
      to the Body Corporate and Community Management Act 1997 must be submitted to
      Council for endorsement at the same time as submission of the Building Format Plan (or
      similar) to Council for compliance assessment.
33.   All clauses and by-laws of the proposed Community Management Statement must accord
      with the requirements of this Decision Notice and, in particular, must include the following
      additional clauses:
      a.   The units must be used for Short term accommodation for tourists and travellers only.
      Street Identification
34.   The street address of the development must be clearly visible and discernible from the
      primary frontage of the site by the provision of a street number and, where appropriate, the
      building name.




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