2. Request to Change Approval

      Performance Bond
16.   Security in the form of a cash bond or trading bank guarantee to the sum of $20,000.00 must
      be submitted to Council, to secure performance of all conditions of this approval, prior to the
      issue of a Development Permit for Operational Works. The cash bond or trading bank
      guarantee will be returned on performance of the conditions of approval less any costs
      incurred by Council in respect of enforcing performance of this permit. Council reserves the
      right to call upon the bond or guaranteed sum to effect compliance with conditions.
      Sunset Clause for Completion of Approved Development
17.   Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this
      development approval lapses if the whole of the approved use has not happened by 19
      January 2021.
      Building Appearance
18.   All air conditioning units or other mechanical equipment must be located at ground level, or
      otherwise fully enclosed or screened such that they are not visible from the street frontages
      nor adjoining properties.
      Noise
19.   The applicant is to implement all of the recommended acoustic treatments provided in the
      Environmental Noise Impact Assessment, by CRG Acoustics, dated 11 July 2016, as they
      relate to Stage 4 of the development. The applicant is to provide additional noise attenuation
      for the smokers terrace area to prevent the reliance on staff having to manage subdued
      patrons using this area. Further, the applicant is to provide suitable sound attenuation for the
      bin storage area to reduce adverse noise impacts caused by rubbish being placed in the
      bins. These additional sound attenuation measures are to be certified by a suitably qualified
      and experienced noise expert.
20.   The following specific acoustic treatments are to be applied to the building construction and
      design as outlined in the CRG Acoustics Report of 11 July 2016:
      a.    Sound lock doors must be installed at the proposed smoker’s terrace as detailed in the
            development application plans (Rubicon: Proposed Ground Floor Plans: Stage 4 plan
            and Stage 5 & 6 plan).
      b.    Driveways, ramps and car park areas must be finished with surface coatings which
            prevent tyre squeal (an uncoated surface is acceptable).
      c.    All drainage grating over trafficable areas must be secured in a way that prevents
            rattling or nuisance noise.
      d.    Car park exhaust ducting is to have acoustic insulation before and after any right angle
            bend (900) at the outlet end of the exhaust fan/s.
      e.    Car park exhaust discharge riser is to be lined with 50mm thick insulation (hydrophobic
            fibreglass batts min. 32kg/m2 ) faced with perforated metal (min. 12% open face area)
      f.    A minimum Rw 34 (i.e. 10.76mm laminate in acoustic grade frames and acoustic seals)
            must be used for all new external windows and glass doors of the function / dining
            extension, children’s lounge and the new alfresco lounge.
      g.    New external walls of areas where amplified entertainment is proposed should be
            constructed to achieve a minimum Rw rating of 50.
      h.    Roof/ceiling of areas where amplified entertainment is proposed should be constructed
            to achieve a minimum Rw rating of 50.
      i.    At the time of installation, new mechanical plant and equipment, a/c units, motors,
            refrigeration equipment, compressors, pumps etc associated with Stage 4 of the
            development, should be installed within the building or suitably provided with noise
            reduction measures and located as to prevent a noise nuisance beyond the boundary
            of the site and not exceed the levels specified in Table 1.


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