MCU21.0193 - Reps to Council's Conditions

and unreasonable. The permitted operating hours are from 5:00AM to 8:00PM. Between the hours of midnight
to 5:00AM, the condition is not relevant and should be deleted.

It is unreasonable to impose that no noise is heard from 5:00AM to 7:00AM* (*this is an assumption to the
intention of Condition 8c due to the topographical error*). The Decision Notice has approved the use within
an existing building located in the Major Centre Zone (Noosa Junction). The Major Centre Zone provides for a
large variety of uses and activities to service the Noosa Shire, and as such it is expected that noise will be
generated from these uses. It is unreasonable to Condition any use to not make any “noise” when the use is
located along a Primary Active Street and in the Noosa Junction Hospitality Precinct.

The nearest residential property is approximately 72 metres away behind the cinema building, car park, and
embankment on Bottlebrush Avenue. Consequently, there will be no impact on the residential amenity
associated with the operation of LiFT Strength and Conditioning.


Proposed Amendment to Condition 8

8. The Indoor Sport and Recreation use must comply with the following Acoustic Amenity Criteria where
measured from within any adjoining tenancy:

       a. 5am to 8pm – noise levels must be no more than ten decibels (A) above the background noise level


Condition 9

9. In addition to the Acoustic Amenity Criteria detailed in Condition 8, the recommendations of the Gym
Vibration Assessment prepared by Acousticworks dated 18 January 2022 must be implemented prior to the
commencement of the use and maintained whilst the use continues to operate from the premises,
recommendations are to be modified to include the following as a minimum:
       a. Walls must be sound proofed on all sides
       b. Doors must be acoustic
       c. Installation of rubber flooring with at least 22mm thickness
       d. The use gym equipment such must include bumper plates, coated dumbbells, kettlebells and
       installation of shock absorbing pads or decouplers to gym machines in order to separate them from
       the floor and prevent the transference of vibrations (in particular in free weights area).


Representations to Condition 9

Conditions 9a and 9d are both irrelevant and unreasonable. Condition 8 limits the operation of the Indoor
Sport and Recreation use by enforcing noise limitations. It is unreasonable to impose upon the applicant the
requirement to fit additional sound proofing to the premises and purchase specialist gym equipment if the
operator, through operational management and premises fit-out, can comply with Condition 8.

The requirements of Conditions 9a and 9d are unnecessary and are an unreasonable burden on the
applicant.




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                                                                    Noosa Heads         [email protected]
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