Notice of Appeal - Altum Constructions V Noosa Shire Appeal No 2097 of 2020 · 132005.1133.13

                                             6.


12.   The Appellant appeals against the amendment of the development conditions made
      by the Respondent in respect of the changes and seeks an order that condition 83 be
      amended, to reflect that previously approved in change application 13005.1133.09
      (with the reference to the updated noise management plan included), i.e. to read;


      "The development shall comply with the noise management plan contained in the
      report prepared by David Moore & Associates and dated 30 March, 2020 to the
      reasonable satisfaction of the Council: -


      83.1.   The necessary and appropriate noise control measures incorporated into
              the fagade of the apartments and within the restaurant/cafe in the Resort
              Facilities Building. These measures shall include:


              83.1.1. Upgraded glazing and air-conditioning to the potentially affected
                      apartments;


              83.1.2. Strategically placed wing walls on balconies to screen the apartment
                      and balconies from outdoor dining areas;


              83.1.3. Installation of a roof over the outdoor dining area with the
                      absorption to the underside should be explored;


              83.1.4. Revised hours of operation to no later than midnight.


      83.2.   Formulate and implement a Noise Management Plan to deal with noise
              emissions from the premises including patron noise.


      83.3.   The applicant must advise prospective purchasers that a noise management
              plan has been prepared to manage noise emissions related to the
              development.


      83.4.   The Noise Management Plan referred to in Condition 83.2 shall be
              incorporated in perpetuity in the By-Laws of the Body Corp for the building.


      83.5.   The Noise Management Plan shall include a process for dealing with
              complaints and specify that the Restaurant Management and Body Corp
              Manager be responsible for dealing with any noise complaints."