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Submission from Body corporate for Offshore Noosa CTS 24644

Attached to the e-mail PM Submission Conditional support - Body Corporate for Offshore Noosa MCU16 /0088.

of 7

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           The proposed extended hours of operation for the proposed use on page 4
           (Table 2) of the Request will mean the retail operations will start at 6.00am every
           day (at least an hour and a half earlier than the previous tenant) and close at
           10.00pm (approximately two hours later than the previous tenant). On weekends,
           the proposed closing time is not until midnight, 3 hours later than the previous
           tenant. No consideration has been given to the set up and close down time
           outside the stated hours of operation.

           The Body Corporate objects to this substantial change in hours of operation on
           two grounds:

           (a)   the proposed extended operational hours would fundamentally change the
                 character of the area from a residential precinct to a commercial one,
                 especially with the planned application for a Liquor Licence for the premise.
                 This would amount to an unbalanced and unnecessary change; and

           (b)   the commercial Unit 3 has not been designed to cater for such an intensive
                 use as an Entertainment and Dining Area. In order to maintain a balance
                 between the needs of the residents and the retail patrons, the outdoor
                 dining area would have to be totally enclosed with acoustic wing walls (as
                 proposed) and a substantial roof structure insulated to an appropriate
                 density standard. The Body Corporate has assessed that for the two
                 apartments adjoining the café on the same floor level, and for the
                 apartment immediately above the café, customers of the café are likely to
                 have direct sight access to the living and sleeping areas, thereby disturbing
                 the privacy of guests in those apartments.

           In regard to the proposed acoustic wing walls shown in the plans, it is not clear if
           the wing walls are wind rated to avoid them disintegrating during high wind
           events and thereby being potentially dangerous to adjacent lots.


3.3 Concerns in Acoustics Report

The almost certain increase in noise levels resulting from the proposed application is a major
concern of the Body Corporate, particularly as the applicant has based the Request on an
Acoustics Report which is incomplete in its assessment of impacts:

     Sources and assessment of noise

     B.    Under ‘Potential Noise Impacts’ (page 3 of 10), the report limited the scope of
           noise sources to four key areas, namely:

           (a)   vocalisations from patrons in the outdoor area;
           (b)   music;
           (c)   waste disposal; and
           (d)   general operational sounds e.g. roller doors being opened and closed,
                 sounds associated with dining such as cutlery, plates and glasses making
                 contact with each other or another hard object, chairs moving, etc.

           The Report does not consider, nor assess, other key noise sources and concerns
           relating to operational matters such as:

           (a)   increased refrigeration and machinery density;

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