Representations · MCU13/0064

While needing an ability for ‘reasonable’ levels of level music to be played after 10pm, the resort
operation will need to ensure noise from music and entertainment does not impact the amenity of
guest bedrooms on the island, which will be much closer to the noise source than residences off site.

In considering this condition it is particularly relevant to have regard to the fact that NO properly
made submissions were made in respect of the application. If noise was an issue there would have
been community objection, particularly from nearby residents to the proposal.

While it is acknowledged that noise was raised as a concern in the not properly made submission of
18 July 2013, this submission and the issues raised are out of context with the proposed use and was
made following use of the site as a one off event hosting the X Factor. At the beginning of July 2013
Makepeace hosted X-factor on the island for 5 days. This was at the request of Tourism Qld and
Sunshine Coast Destinations Ltd. The island was used at this time for filming for the TV show. The
130 film crew members and contestants had to get to and from the island daily and there was a huge
amount of filming equipment involved in the production. Consequently during this period the barge
was used quite a lot. They had a significant amount of flood lighting to facilitate filming in the
evening. Being a singing show there was amplified music involved. This one off event and the
associated complaint has no relation to the current application or proposed use.

The restriction also has no regard to the current sites use rights which have no noise restriction and
the fact that no compliant other than the not properly made submission have been made about the
use. The proposed use will result in a more controlled approach to music and entertainment and
decrease in potential noise levels given that the Island will be occupied by unrelated people as
opposed to a related group.

Accordingly, we request that Condition 15 be amended to:

“Noise from amplified music and entertainment LOCT10, in a full octave band with centre frequencies
from 63 Hz to 2000 Hz must not exceed the background level, LOCT90, by more than 3 dB in any
octave band when measured internally at any affected premises between the hours of 10pm and
7am”.

The applicant would accept this varied noise level control until 12 midnight with no audible level
between 12 midnight and 7 am.

Condition 16

The trigger for condition 16, being a single compliant, is particularly onerous and contrary to section
345 of the Sustainable Planning Act which requires conditions must be relevant or reasonable. While
the condition suggests the compliant must be ‘other than a frivolous or vexatious complaint’ there is
nothing to qualify how this is determined and therefore the condition is too open ended and uncertain.
While it may become clear after several complaints from the same person (and no one else that may
be similarly affected) that the compliant is vexatious, it may be too late to have avoided unnecessary
enforcement actions of the condition.

Accordingly, we request that Condition 16 be amended such that the condition trigger is more than a
single complaint.

Should you have any questions with respect to the above, please do not hesitate to contact me direct.

Yours faithfully
KHA DEVELOPMENT MANAGERS




Scott Sobey
DIRECTOR