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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
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The Assessment Manager, RECEIVED
Sunshine Coast Regional Council,
15 MAY
Locked Bag 72, 2012
Sunshine Coast MC Qld 4560 SCllc
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Nambour
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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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