TPC 2389 - Town Planning Consent Permit · 51991.438.01

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Town Planning Consent Permit - 04595 TC Page 2

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The cocktail bar is to be restricted to a maximum of 1 patron per 1m? of gross
floor area exclusive of toilets, bar, store and fixtures. (This would amount to
approximately 50 persons).

The existing external planters are to be retained and the enclosed area is to be
adjusted accordingly.

The developer shall obtain a detailed final report from an acknowledged noise
consultant. The report shall address appropriate works recommended for the
building to contain noise to acceptable levels as referred to in Condition 4
below. A copy of the report shall be submitted in conjunction with the Building
Application. The developer shall comply with the recommendations contained
in the final report. .

The proposed extension to the nightclub shall be soundproofed to the
requirements of Council's Building Surveyor and in accordance with all
applicable statutory requirements but in any event, so that the noise levels
produced by activities carried on in the premises, shall not exceed 45 dB(A)
when measured at the nearest outside wall of any adjacent building.

The developer shall continue with arrangements to provide for the chaining off
and signage of car park ramps and the pedestrian stairs giving access to the
northern edge of the upper level car park and the placing of a grill between the
nightclub and the upper level car park, so that the upper level car park is
effectively isolated from use by both pedestrian and vehicles after 9.30 p.m. on
each and every night that the nightclub is in operation.

The ‘developer or operator shall to the satisfaction of Council provide for
security personnel to patrol Bay Village Centre and adjacent public areas of
Noosa Parade and Hastings Street during the hours of 12.00 midnight and 4.00
a.m. for the purposes of prevention and restraint of unruly behaviour, undue
noise, loud or foul language or abuse by patrons who have departed’ the
premises. ,

There is to be no detrimental effect upon the amenity of the neighbourhood by
reason of the creation of excessive noise, lighting nuisance or other emissions.

Construction work and other associated activities are permitted only during the
hours of 7.00 a.m. to 6.00 p.m. Monday to Saturday. No work is permitted on
public holidays, except where extended hours are approved by the Building
Surveyor.

Any advertising sign or device is to comply with the provisions of the Noosa
Design Manual.

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-Town Planning Consent Permit - 04595 TC Page 3

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Payment of contributions in accordance with Council's Policy on Water Supply
and Sewerage Headworks, current at the time of Building Approval. An
estimate only of the charges as at August, 1991 under the current policy is as
follows:-

Water Supply $199
Sewerage. $150

TOTAL: $349

Please note that the headworks charges will alter in accordance with Price Index
variations or if any amendment is made to Council's policy.

If payment is not proposed to be made prior to the issue of Building Approval,
a cash bond or trading bank guarantee for the required amount is to be lodged,
prior to the release of that Approval. The contribution is then required to be
made within fourteen (14) days of the issue of Building Approval.

Submission of two sets of professionally drawn scale plans in compliance with
Council's Code controlling food establishments for approval by Council's
Health Syrveyor, for any, food premises proposed to be included in the
development. Approval is to be obtained prior to fitting out the building.

Compliance with any requirements of the Noise Abatement Authority. Council
has referred the proposal to that Authority for consideration’ under the
provisions of Section 13 of the Noise Abatement Act 1983. A copy of these
requirements will be forwarded following receipt of advices from the Noise
Abatement Authority.

Provision of separate toilet facilities. for patrons, in addition to staff toilet
facilities, in accordance with Council's Policy of 16th October, .1985.

Submission of a cash bond or trading bank guarantee to the sum of $10,000 to
secure performance of conditions, prior to the issue of Building Approval. The
cash bond or trading bank guarantee will be returned upon performance of the
conditions of approval.

The provisions of this approval are to be effected, prior to the commencement
of the approved use. Council reserves the right to call upon the bond or
guaranteed sum referred to in this approval for the purposes of litigation should
the use not be conducted in accordance with this approval.

The Town Planning Consent Permit may be revoked pursuant to Section 4.14 of
the Local Government (Planning and Environment) Act if commencement of
erection or works have not been made in accordance with that Permit or the
rights conferred by that Permit are not exercised within two (2) years of the
date of issue of the Permit.

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Town Planning Consent Permit - 04595 TC                                        Page 4



19.   The Town Planning Consent Permit lapses where:-

      a.   the use or erection of a building or other structure associated with the use,
           has not been commenced within four (4) years of the date of issue of the
           Town Planning Consent Permit, unless application is made and approved
           by Council for an extension; or

      b.   the use of any premises pursuant to the Town Planning Consent Permit
           ceases for a period of twelve (12) months.