2021-11-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 9 NOVEMBER 2021


     Reference to the updated Noise Management Plan; and
     Point (vii) updated, given that the space is operable as an outdoor and indoor dining area in
      accordance with the Noise Management Plan.
     Point (viii) updated to allow for increased amplified noise through the sound limiting device
The applicant has requested the condition to be amended to read as follows:
83.   The development shall comply with the Noise Management Plan (Report No:
      R19084/D3295/Rev.4/30.03.20) R21055/D3295/Rev.0/25.08.21) prepared by David Moore &
      Associates and dated 30 March 2020 25 August 2021 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 187m2 roofed area (i.e. when all
                    windows/doors are open) as 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) 90dB(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.



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