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MCU12/0023 Notice of Submission Susan Francis

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                                 80481440                                                     Susan Francis,
                                                                                          2/ 1 Shearwater St,
                                                                                Peregian Beach Qld 4573
                                                                      Q    ’1               13 May 2012
                                                                                     tJ
                                                                          A
                 The Assessment Manager,                               RECEIVED
                 Sunshine Coast Regional Council,
                                                                  15 MAY
                 Locked Bag 72,                                             2012
                 Sunshine Coast MC Qld 4560                            SCllc
                                                                  .
                                                                      Nambour
                                                               c


                                                                      ~
                 Dear Sir/Mad m,


                         Scanlon Property Group pty Ltd       -
                                                                  Application MCU 12/0023
                                         Peregian Beach Caravan Park

                 The Scanlon application is a continuation of the developer’s attempts to
                 satisfy its initial ambit claim, which was contrary to the Town Plan. It is further
                 proof that the developer considers the wishes of the community and the Court
                 sanctioned agreement as irrelevant.


                 Outdoor dining


                 SCRC refused the outdoor dining application for noise reasons.


                 On 4 September 2009, in order to obtain the SCRC’s approval for the
                 development, the developer conceded that outdoor dining would be
                 prohibited.

                 The agreement of 4 September 2009, which was subsequently Court
                 sanctioned, gave the developer approval for an internal area of 306m2 for
                 "Entertainment and Dining Business". The prohibition on outdoor dining kept
                 any noise from this activity indoors.

                 In this application the developer seeks to obtain approval for an additional
                 70m2 of outdoor dining (seating 56 persons) including 30m2 (26 persons)
                 facing David Low Way opposite the home of Mrs Gorrie and other Peregian
                 residents.


                 I agree with Mrs Gorrie that the proposed closure of the outdoor dining area
                 facing David Low Way at 1 Opm will not be enforced and that the noise from
                 the outdoor dining area will continue to midnight. The departure of diners from
                 the restaurant will result in on-going noise beyond 10pm until after midnight
                 with further detriment to residents.


                 There is also no suggestion from the developer that there will be no
                 entertainment and amplified music in the three proposed restaurants.


                 It is clear that the developer is not offering to do anything to reduce the
                 additional noise generated by the outdoor dining. Once again it continues to

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               ignore the detrimental effects on the residents of the area.

               Residents are already adversely affected by noise from the adjacent Peregian
               Beach Hotel with noise emanating from within the hotel and from patrons
               leaving the hotel on their way home. Outdoor dining at the proposed 3
               restaurants will increase the noise problem. The increased numbers of diners
               will also increase the noise of patrons coming and going.


               The Noise Issue


               The noise levels were taken by MWA on the night of Tuesday 31 January
               2012 between 6.15pm and 10.05pm. The level of noise, which will originate
               from the balconies and restaurants of this development, will be a different type
               of noise & higher pitched than the ambient noise measured by MWA. The
               amenity here is already affected by hotel noise and this noise will add to the
               detriment. As people consume more alcohol they tend to get noisier and shout
               over one another to be heard.



               Residents chose to live at Peregian Beach by the sea because they enjoy the
               sound of the surf. Those that live on David Low Way were prepared for the
               sound of traffic. The caravan park was a low noise environment and was
               down the slope from the road. By contrast, the proposed retail and restaurant
               development is raised above the road level and will have a noticeable
               detriment to residents in terms of noise.


               Unlike the low pitched constant low level noise from the surf, the noise from
               the restaurants will be of 56 diners talking, laughing and shouting and from
               clattering of plates/cutlery and glassware and will be of a higher pitch than
               "background noise". MWA does not appear to have considered this but for an
               unexplained reason, simply added 5dB(A).

               The proposed addition of Juliette (sic)Balconies


               The revised lay-out the developer had approved by the Court in February
               2012, without SCRC objection or community knowledge, now provides for 14
               ensuite motel style units rather than the agreed back-packer or hostel units
               with bunk beds referred to previously by the developer as "flash-packer"
               accommodation.


               The change from bunk beds to more up-market, and consequently more
               expensive, accommodation is a significant variation from the development
               approval, which followed from the mediated agreement of 4 September 2009,
               and which was subsequently sanctioned by the Court.


               The application for the addition of Juliette Balconies, reveals a further attempt
               to negate the SCRC’s requirement for low-cost accommodation to be
               provided as an alternative to the caravan park accommodation.

               However, I object to these balconies on the basis of their contributing to
               excessive noise to local residents.



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                Conclusion


                The significant changes proposed to this development are not in the interests
                of the Peregian Beach community and I object to this incremental erosion of
                the community’s living standards.


                I request that the SCRC reject both applications.


                Yours faithfully,



                     ,~
                Susan Francis
                BA, LLB, Solicitor


                Cc     The CEO, Sunshine Coast Regional Council,
                       Councillor Russell Green, SCRC
                       Ms Kerri Coyle, SCRC
                       Mr Graeme Phillips, Legal Services, SCRC




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