MCU15/0091 - Body Corporate conditional support for Application

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            1. Noise Levels
                 The rezoning application       makes no reference to the fact that there could be increased noise
                 levels caused by increased patronage,          including    increased use of cooking and refrigeration
                 equipment,      introduction   of music, television,    etc. There are a number       of apartments     both
                 adjoining the cafe premises and located nearby which could be impacted by any increase in noise
                 levels. In addition, any increased noise levels could also travel to the rear of the premises and
                 impact owners' enjoyment of the common property areas, such as the pools and spa areas, the
                 gardens and BBQ area.


                 The applicant needs to demonstrate          that he has considered this risk and indicate what noise
                 abatement actions he will take to effectively mitigate these concerns. Previous experience with
                 the owner of the premises and a prior Cafe operator has demonstrated             that little consideration is
                 likely to be given to this issue unless there are appropriate conditions attached to any rezoning
                 of the business.


                 The Body Corporate would not favourably view any initiative to extend trading hours.


            2. Health and Safety
                 The Body Corporate is not aware of any initiatives taken to assess health and safety risks at the
                 premises for owners and patrons. The Body Corporate believes that the operator should have a
                 full assessment completed by an appropriately          qualified inspector of the entire floor area that can
                 be publicly accessed to determine whether the steps at the front of the cafe and the floor surface
                 meet with all relevant Australian        Standards.    Until this assessment    has been made and any
                 remedial action arising has been completed the Body Corporate does not support the application.


            3.   Toilet and related facilities for patrons
                 The Body Corporate understands that the cafe has no public access toilet and hand washing
                 facilities   for patrons. The Body Corporate       believes that consideration      needs to be given to
                 provision of such facilities before it will consent to the application.       Under no circumstances will
                 the Body Corporate agree to the usage of its common property areas and facilities by patrons of
                 the cafe. As the operator has indicated that he intends to gain a liquor licence for the premises,
                 the Body Corporate believes that it is not acceptable that such an establishment                might seek
                 rezoning without the provision of such facilities within its premises.

         In summary the Body Corporate will support the application once these matters have been addressed
         and would then be prepared to sign the consent form. We would be happy to meet with interested
         parties to this application to clarify our comments.
         Yours sincerely