2017-08-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   08 AUGUST 2017


              ii.    evening (1800 to 2200 hours): 89 dB(A) LAeq,adj,T when measured
                     approximately 3 metres from the primary noise source;
              iii.   night-time (2200 to 0700 hours): 84 dB(A) LAeq,adj,T when measured
                     approximately 3 metres from the primary noise source;
     d.       All amplified sound at the premises must be conducted through a sound limiting device
              at all times to ensure that noise does not exceed levels prescribed in condition c);
     e.       The sound limiting device is to have a locking mechanism or be located within a locked
              enclosure, which is to be locked at all times except for inspection or maintenance work
              on the device;
     f.       Access to the sound limiting device, except for maintenance work, is restricted to the
              gym manager, nominee and the person in charge of the premises at any time; and
     g.       The sound limiting device must be checked and if necessary adjusted by a qualified
              acoustic consultant at least every 12 months to ensure compliance with condition c).
              Acoustic certification is to be kept on site.

REPORT
1.   PROPOSAL
The applicant seeks representations on a development approval for a Material Change of Use of
Premises - Entertainment & Dining Business Type 2 - Recreation, Amusement & Fitness (Fitness
Centre) located at 5/8 Selkirk Drive Noosaville.
The application is before Council as the Development Permit was originally approved by Council.
1.1. Background
On 15 June 2017 Council approved a Material Change of Use of Premises for a Fitness Centre
within an existing tenancy within the Noosa Home building on Walter Hay Drive.
2.   ASSESSMENT
Under the provisions of the Sustainable Planning Act the applicant suspended its appeal period
and submitted representations to conditions of the approval. The superseded Sustainable Planning
Act requires Council to consider the representations and give a new decision notice (a negotiated
decision notice) to all relevant parties, where the representations are agreed with. The
representations seek to amend a condition relating to acoustics. The applicant has provided
information to support their case.
Representations to Conditions
Condition 7
7    The use must be in accordance with The ‘Desk Top Environmental Noise Impact Assessment
     of Proposed Fitness Centre, 5/8 Selkirk Drive Noosaville’, Report No. R17015, prepared by
     David Moore and Associates Pty Ltd dated 1 March 2017; unless varied by the following:
     a.       Ensure all windows and doors facing Walter Hay Drive cannot be opened;
     b.       Operating hours of the fitness room are to be limited to hours between 7am and 10pm;
     c.       Noise emanating from the premises including amplified or non-amplified noise and
              patron noise must not exceed 84db (A) when measured;
     d.       All amplified noise at the premises must be conducted through a sound limiting device
              at all times to ensure that noise does not exceed levels prescribed in condition c);
     e.       The sound limiting device is to have a locking mechanism, which is to be locked at all
              times except for inspection or maintenance work on the device;



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