2017-08-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    08 AUGUST 2017


      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 calibrated by a qualified
            acoustic engineer at least every 12 months to ensure compliance with condition c).
Applicant’s request
Condition 7 details restrictions on the operation of the proposed 24 hour gym with regard to hours
and noise. The condition is considered unreasonable and not relevant as it imposes conditions that
are not required and have no technical basis.
In response to the imposition of the above condition, further technical advice has been received
from Noise Consultant David Moore who suggests an alternative condition that effectively allows
the gym to operate and will control noise generated by the use.
Condition 7b) restricts the use of the internal fitness room to hours between 7am and 10pm. These
hours do not reflect the noise report nor permit the 24 hour gym to operate effectively as the
applicant proposes to run early morning classes for working women from 5.45am. These early
morning classes are integral to the operations of the gym.
The condition does not take this aspect into consideration nor does it consider that the group fitness
room:
    Is internal to the building and is over 55 metres to the external wall of the nearest residential
      dwelling. Refer figure 1 below;
    Is separated from the nearest residential dwelling by internal rooms and the external wall of
      the building;
    Is separated from the nearest residential dwelling by a divided road, landscaping and
      acoustic fence. Refer figure 2 below;
    Will be sound proofed;
    Needs to operate at a level that does not disturb other activities within the actual gym such
      as offices; and
    Is located in an existing industrial complex.




Mr David Moore (applicant’s acoustic consultant) confirms that condition 7b) is not relevant and
that the use can operate before 6am subject to defined noise limits and installation of sound limiting
device. Mr Moore indicates a revised condition 7 that reflects the conclusion of his report and will
ensure noise levels comply with relevant standards.
Proposed amended Condition 7 as requested by the applicant


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