2020-06-18 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                           18 JUNE 2020


                   iii.    All 30 spaces are to be fully constructed and available for use prior to
                           the commencement of the use of the Resort Facilities Building.
        Condition 83
        83.   The development shall comply with the Noise Management Plan (Report No:
              R19084/D3295/Rev.4/30.03.20) prepared by David Moore & Associates and dated
              30 March 2020 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 roofed area 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:
                           1.   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)
                                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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