Properly Made Submission (object) - Frank Wilkie - MCU12/0023

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           form part of SPG’s original application nor were they evident on the plans submitted to

           Council for approval at that time.



           It seems blindingly obvious that, if the likely creation of unacceptable noise levels was

           sufficient to defeat SPG’s attempt to have outdoor dining approved in the first instance,

           then when the noise from groups of tourists drinking and carousing on 14 balconies is

           added to the already unacceptable noise, then one would assume that the Council has

           at least double the argument to resist the application.




     In this instance the Council has not heeded the voices of those it purports to represent.

     Having secured that there should be no outdoor dining in the original Court case, the
     Council for some inexplicable reason was prepared to simply let everything SPG asked for

     be granted unopposed including the added provision of outdoor balconies.


     Thankfully, when this new application came before the Court, the Judge could see the need
     for further input from the community. He was only able to do this because local community

     groups    provided the Council with our objections which the Council filed in Court. The
     Council itself filed nothing on its behalf and to my knowledge did not intend to demur to

     SPG’s application.


     I   strongly request that the Council bring my views on this matter to the attention of the
     Court and that the Council opposes the "outdoor dining and balconies" issues as vigorously

     as it did at the first   hearing.

     Finally, if the Council has not properly explored the issues of sound levels in the affected
     precinct, I request that it do so as soon as possible so that it will have actual evidence to rely
     on when this matter comes before the Court.




     Frank Wilkie (snr)


     2/5 Pitta Street, Peregian Beach, 4573

     Phone 0407 599 588



           ~w