2021-11-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                9 NOVEMBER 2021


Condition 83
83.   The development shall comply with the Noise Management Plan (Report No:
      R19084/D3295/Rev.4/30.03.20) prepared by David Moore & Associates and dated 30 March
      2020 to the reasonable satisfaction of Council, including:
      a.   The necessary and appropriate noise control measures incorporated into the façade
           of the apartments and within the restaurant/café in the Resort Facilities Building.
           These measures shall include:
           i.      Upgraded glazing and air-conditioning to the potentially affected apartments;
           ii.     Strategically placed wing walls on balconies to screen the apartment and
                   balconies from outdoor dining areas;
           iii.    Revised hours of operation to no later than midnight for the restaurant/café
                   (indoor area only);
           iv.     The outdoor dining areas associated with the restaurant/café use is to operate
                   between the hours of 6am and 10pm only;
           v.      After 10pm, all patrons must be within the building confines with doors/windows
                   closed, except for the ingress and egress of patrons and staff;
           vi.     The underside of all roof elements over outdoor dining areas associated with the
                   café use are to be lined with acoustic absorptive lining minimum NRC 0.7;
           vii.    Outdoor dining is confined to the 185m2 roofed area shown on the approved
                   plans.
           viii.   All amplified noise at the premises must be conducted through a sound limiting
                   device at all times to ensure that noise does not exceed the following: during the
                   daytime and evening (0600 to 2200) must not exceed 92 dB(A) LWA, which is
                   equivalent to 75 dB(A) + 5 = 80 dB(A) LAeq, adj, T at 3 metres from the speakers.
           ix.     Any live performer must be required to play through the in-house system. No
                   speakers (in addition to the in-house system) are permitted on site.
      b.   Within 20 business days of the commencement of trading of the restaurant/café use,
           Council must be provided with a Noise Management Plan which is specific to the use
           and prepared on the basis of physical and technical assessment of noise from the
           restaurant/café use, including both internal and external use areas. The noise
           management plan must suitably detail physical and management noise control
           measures.
      c.   The applicant must advise prospective purchasers that a Noise Management Plan
           has been prepared to manage noise emissions related to the development.
      d.   The Noise Management Plan referred to in Condition 83(b) shall be incorporated in
           perpetuity in the By-Laws of the Body Corp for the whole development.
      e.   The Noise Management Plan shall include a process for dealing with complaints and
           specify that the Restaurant/Café Management and Body Corp Manager be
           responsible for dealing with any noise complaints.
Applicant’s Request
The applicant has provided an updated Noise Management Plan to support changes to the
operation of the restaurant. Primarily, this relates to using the previously identified outdoor area
until midnight as it can now be enclosed. The applicant states:
The updated Noise Assessment Report and Noise Management Plan demonstrates that the minor
changes to enclose the dining area comply with the necessary regulatory standards. The enclosure
caters for sealed airlock openings.
Specifically, the applicant has requested:
We request minor amendments to condition 83 including:

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