Cover Letter_Precinct F_CDA_FINAL · 132005.1133.7

approval over the site which incorporated resort facilities of a scale and form that were more significant than the
scale of the current approved common resort facilities. It is understood that this reduction in scale has previously
been acknowledged by Council. The gross floor area of the proposed Community facilities has now reduced from
approximately 1,341sqm (as originally approved) to (circa) 600sqm.

To advise prospective purchases of the particular noise control features that have been implemented into the
design of individual apartments is an onerous requirement given the small scale of the facilities now proposed.
Acoustic mitigation measures can be readily incorporated into the required noise management plan. We can
confirm that a noise management plan is currently being prepared to this effect and is anticipated as being
provided to Council under separate cover.

As such, it is requested that:-

    clause 83.3 be amended to require the prospective purchasers be advised of the noise management plan to
     manage potential noise emissions associated with the development;
    the cross referencing error in clause 83.4 be amended; and
    the noise control measures identified in clause 83.1 may not all necessarily be required to achieve
     appropriate acoustic levels, and this should be reflected in the drafting of this condition.

In light of the above, it is respectfully requested that this condition be amended as follows:-

83     The development shall comply with the noise management strategies contained in the report prepared by
       Ron Rumble Pty Ltd and dated November 2006, with the following additional details to be provided prior to
       issue of Operational Works to the reasonable satisfaction of Manger, Environmental Health:-
       83.1        The necessary and appropriate noise control measures incorporated into the façade of the
                   apartments and within the restaurant. These measures should may include:
                   83.1.1 Upgraded glazing and air-conditioning to the potentially affected apartments, and which
                           apartments;
                   83.1.2 Strategically placed wing walls on balconies to screen the apartment and balconies from
                           alfresco dining areas;
                   83.1.3 The possibility of a roof over the outdoor dining area with 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        Prospective purchasers of the apartments to be advised of the noise control features, which have
                   been incorporated into the design of the apartments and the hours of operation of the adjacent
                   restaurantThe 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 82.1.4 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.
Condition 96

It is noted that this condition has been introduced as a consequence of the most recent change approval, and we
note that previous representations were made that this condition should be either deleted or amended to allow
structures and / or swimming pools in the rear 2 metres of these blocks. We maintain our previous position, and



JFP Ref: M2652/F                                                                                              Page 10