2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                              15 JANUARY 2018


Condition 83
83.   The development shall comply with the noise management strategies contained in the
      report prepared by Ron Rumble Pty Ltd and dated November 2006, with the following
      additional details to be provided prior to issue of Operational Works to the reasonable
      satisfaction of Manager, Environmental Health:
      83.1 The necessary and appropriate noise control measures incorporated into the façade
           of the apartments and within the restaurant. These measures should include:
            83.1.1   Upgraded glazing and air-conditioning to the potentially affected apartments,
                     and which apartments
            83.1.2   Strategically placed wing walls on balconies to screen the apartment and
                     balconies from alfresco dining areas;
            83.1.3   The possibility of a roof over the outdoor dining area with absorption to the
                     underside should be explored;
            83.1.4   Revised hours of operation to no later than midnight;
      83.2 Formulate and implement a Noise Management Plan to deal with noise emissions
           from the premises including patron noise.
      83.3 Prospective purchasers of the apartments to be advised of the noise control features,
           which have been incorporated into the design of the apartments and the hours of
           operation of the adjacent restaurant.
      83.4 The Noise Management Plan referred to in Condition 82.1.4 shall be incorporated in
           perpetuity in the By-Laws of the Body Corp for the building.
      83.5 The Noise Management Plan shall include a process for dealing with complaints and
           specify that the Restaurant Manager and Body Corp Manager be responsible for
           dealing with any noise complaints.
Applicant’s requested change
This condition requires that a Noise Management Plan be prepared to deal with noise emissions
associated with the common resort facilities, wherein such strategies comply with an acoustic
report prepared by Ron Rumble Pty Ltd and dated 2006. We note that the Ron Rumble Pty Ltd
report was prepared for and supported the original approval over the site which incorporated
resort facilities of a scale and form that were more significant than the scale of the current
approved common resort facilities. It is understood that this reduction in scale has previously
been acknowledged by Council. The gross floor area of the proposed Community facilities has
now reduced from approximately 1,341sqm (as originally approved) to (circa) 600sqm.
To advise prospective purchases of the particular noise control features that have been
implemented into the design of individual apartments is an onerous requirement given the small
scale of the facilities now proposed. Acoustic mitigation measures can be readily incorporated
into the required noise management plan. We can confirm that a noise management plan is
currently being prepared to this effect and is anticipated as being provided to Council under
separate cover.
As such, it is requested that:-
    clause 83.3 be amended to require the prospective purchasers be advised of the noise
      management plan to manage potential noise emissions associated with the development;
    the cross referencing error in clause 83.4 be amended; and
    the noise control measures identified in clause 83.1 may not all necessarily be required to
      achieve appropriate acoustic levels, and this should be reflected in the drafting of this
      condition.



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