2018-01-15 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                 15 JANUARY 2018


In light of the above, it is respectfully requested that this condition be amended as follows:-
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 may 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 The applicant must advise prospective
           purchasers that a noise management plan has been prepared to manage noise
           emissions related to the development.
      83.4 The Noise Management Plan referred to in Condition 82.1.4 83.2 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 Management and Body Corp Manager be responsible for
           dealing with any noise complaints.
Assessment
A Noise Management Plan (NMP) was submitted with the application and reviewed by Council’s
Environmental Health Department. Based on review of the NMP it is recommended that
Condition 83.3 be reworded in accordance with the applicant’s request. It is also recommended
that the cross referencing error in Condition 83.4 be rectified and an error within the wording of
Condition 83.1.1 also be rectified.
However the applicant’s request to alter the wording of Condition 83 from “should” to “may” is not
recommended. The Environmental Health Unit has recommended that the term “should” be
replaced with “shall” and minor changes to wording of Condition 83.1.3 such that the amended
Condition is now recommended to read:
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 shall include:
            83.1.1   Upgraded glazing and air-conditioning to the potentially affected apartments;
            83.1.2    Strategically placed wing walls on balconies to screen the apartment and
                     balconies from alfresco dining areas;
            83.1.3    Installation of a roof over the outdoor dining area with absorption to the
                     underside should be explored;

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