2019-09-30 Special Meeting Agenda - Item 1 - Attachment 4 - Court Judgement

                      56.     Prior to the commencement of any use or sealing of Plan of Survey, whichever occurs
                              first, an acoustic screen must be constructed around the IGA rooftop mechanical plant
                              to a height of 3.0 metres above the roof level plant deck, as shown on Figure 4 and
                              described in Section 4.6 of the Second Joint Report of Experts in Noise (30 May 2018)
                              for Planning and Environment Court Appeal 4066 of 2017.
                      57.     Prior to the commencement of use of the Visitor accommodation Type 4 dwelling units
                              an acoustic barrier along the common boundary of the development site with the
                              Peregian Beach Hotel must be constructed. The barrier shall be constructed of materials
                              to achieve a minimum surface density 12.5 kg/m2 and a height 2.5 metres above the
                              hotel pavement level along the boundary of the site and adjacent to the hotel drive-
                              through lane and carparking areas, as shown on Figure 4 and described in Section 4.8
                              of the Second Joint Report of Experts in Noise (30 May 2018) for Planning and
                              Environment Court Appeal 4066 of 2017.
                      58.     Written certification is required from a suitably qualified person confirming that sound
                              pressure levels from all mechanical plant and equipment within the development site
                              comply with the following when measured at the façade of any habitable room or formal
                              outdoor area of the Visitor accommodation Type 4 motel building or the Visitor
                              accommodation Type 4 dwelling units. Noise levels to be measured as LAeq adj 15min
                              where adjustments refer to tonality or impulsivity, in accordance with the most recent
                              edition of the Queensland Noise Measurement Manual:
                              (a)      Air-conditioning and Refrigeration
                                       (i)     7am to 10pm: Maximum level allowable = background + 5dB(A)
                                       (ii)    10pm to 7am: Maximum level allowable = background + 3dB(A)
                              (b)      Pumps
                                       (i)     7am to 7pm: Maximum level allowable = background + 5dB(A)
                                       (ii)    7pm to 10pm: Maximum level allowable = background + 3dB(A)
                                       (iii)   10pm to 7am: No audible noise.
                              The certification must be submitted to Council prior to commencement of the use, which
                              certifies that operational noise from any fixed plant and equipment complies with the
                              requirements of this Decision Notice.
                      59.     Written certification is required from a suitably qualified person confirming that sound
                              pressure levels from all mechanical plant and equipment from the existing IGA shopping
                              centre comply with the following when measured at the boundary of the newly created
                              lot. Noise levels to be measured as LAeq adj 15min where adjustments refer to tonality
                              or impulsivity, in accordance with the most recent edition of the Queensland Noise
                              Measurement Manual:
                              (a)      Air-conditioning and Refrigeration
                                       (i)     7am to 10pm: Maximum level allowable = background + 5dB(A)
                                       (ii)    10pm to 7am: Maximum level allowable = background + 3dB(A)
                              (b)      Pumps
                                       (i)     7am to 7pm: Maximum level allowable = background + 5dB(A)
                                       (ii)    7pm to 10pm: Maximum level allowable = background + 3dB(A)
                                       (iii)   10pm to 7am: No audible noise.
                              The certification must be submitted to Council, which certifies that operational noise from
                              any fixed plant and equipment complies with the requirements of this Decision Notice.
                              The certification must be provided prior to sealing of the plan of survey or
                              commencement of use of the Visitor accommodation Type 4 motel building, whichever
                              occurs first.




Document Set ID: 20933247
Version: 1, Version Date: 16/07/2019