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Att 6 - Existing MCU

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                     Comment
                     Toilets currently exist within the shopping centre and already serve the needs of the
                     restaurant use. A direct and safe access to the toilets is guaranteed via an existing
                     corridor leading directly from the nightclub premises. Section 3.5 below provides
                     further detail in this regard.
               4.    Why do the applicants not have to provide carparks of their own instead of again relying
                     on the facilities provided by the “plaza” owners? Who will supervise the underground
                     carpark at night and in the early hours of the morning?
                     Comment
                     Section 3.4 below provides a detailed explanation regarding carparking facilities and
                     carpark safety.
               5.    The Heat FM office and on-air studios are located directly below the proposed
                     nightclub. While the station generally ceases local programs at 6 or 7 pm there are
                     requirements for the station to broadcast well into the night for both commercial reasons
                     and in the public interest. This would be made impossible due to the overwhelming
                     noise emanating from the nightclub. Furthermore, given that one of the two main
                     entrances to the proposed nightclub is adjacent to the front door of our premises. I am
                     concerned at the level of vandalism and rubbish that will be spread around the entrance
                     to our office. In short it is my belief that this business will be effected financially by an
                     approval to proceed with this application.
                     Comment
                     The acoustic assessment did not specifically consider the effect of noise on premises
                     beneath the proposed nightclub. However, currently the premises is operated as a
                     restaurant with operating hours until 12 midnight providing both indoor and outdoor
                     dining, with amplified music provided on selected nights until midnight. It is advised
                     by Council’s Environmental Health Section and the Liquor Licensing Commission that
                     few legitimate noise complaints have been made against the premises with the current
                     owners. The logbook submitted by the applicant as part of their acoustic assessment
                     endorses this notion.
                     The applicants’ acoustic consultant further advises that the change of use would not
                     require higher volumes of amplified music. Noise emanating from the premises is also
                     likely to comply with the limits set by both the Liquor Act and the Environmental
                     Protection (Noise) Policy 1997. Council’s Environmental Health Section have assessed
                     the acoustic report submitted by the applicant, and Councils Acoustic Consultant
                     submission and consider that reasonable noise levels can be achieved.
                     With regard to vandalism and rubbish it is considered that the Management Strategy,
                     addressed in section 3.3 below, will overcome these concerns.
               6.    One of the main concerns of the submitters is the disturbance of the peace of nearby
                     residents in the late night and early morning from the following:
                     · Loud music emanating from the premises;
                     · Noise from customers in the nightclub;
                     · Noise from customers leaving the club (people and cars);



               SEP c:\users\noo.ecm.prod.web.svc\appdata\local\temp\de7f01db-6f58-4af4-80d7-7dd2b172d6a6.tmp         23/08/01
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                                                                                                               Print Date: 13 May 2024, 2:36 PM
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