2021-11-18 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                     18 NOVEMBER 2021


         83.   The development shall comply with the Noise Management Plan (Report No:
               R21055/D3295/Rev.0/25.08.21) prepared by David Moore & Associates and dated
               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.    Deleted
                    iv.     The restaurant/café use is to operate between the hours of 6am and
                            12pm only;
                    v.      After 10pm all doors/windows must be fully closed;
                    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.    No dining is permitted outside the building.
                    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, 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.
    B.   Add additional Condition 98 to read as follows:
         98.   On completion of the works associated with enclosing the restaurant outdoor dining
               area certification from an appropriately qualified acoustic consultant must be
               provided. The certification must confirm that the as-constructed built form achieves
               the minimum 25 dB(A) noise reduction identified in the noise management plan
               (Report No: R21055/D3295/Rev.0/25.08.21 prepared by David Moore & Associates
               and dated 25 August 2021) and that all plant and equipment including the new air-

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