Newcastle Operational Noise Conditions

80. The Plan of Management is to be amended in accordance with the conditions of this consent, including the following: a) All acoustic and management measures proposed to be implemented to minimise potential noise impacts from the premises, including the relevant Page 20 of 30 recommendations of the Acoustic Report, prepared by Acoustic Logic (Revision 1), dated 16/01/2024. b) Ensure the manner in which the business of the premises is conducted and/ or the behaviour of persons entering and leaving the premises does not cause undue disturbance to the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise and litter generated by persons…

10. The acoustic performance of all mechanical plant and equipment associated with the building being assessed by an appropriately qualified acoustic consultant prior to the issue of any required Construction Certificate. Appropriate acoustic treatment as recommended by the acoustic consultant being designed prior to the issue of a Construction Certificate. Written certification from an appropriately qualified acoustic consultant being submitted to the Principal Certifying Authority prior to issue of an Occupation Certificate confirming that noise from all mechanical plant and equipment achieves the required acoustic attenuation to comply with the conditions of consent and the requirements…

10. The acoustic performance of all mechanical plant and equipment associated with the building being assessed by an appropriately qualified acoustic consultant prior to the issue of any required Construction Certificate. Appropriate acoustic treatment as recommended by the acoustic consultant being designed prior to the issue of a Construction Certificate. Written certification from an appropriately qualified acoustic consultant being submitted to the Principal Certifying Authority prior to issue of an Occupation Certificate confirming that noise from all mechanical plant and equipment achieves the required acoustic attenuation to comply with the conditions of consent and the requirements…

61. The developer being responsible for the provision of additional regulatory signage in Hunter and Perkins Streets adjacent to the site frontage and all adjustments to and/or relocation of existing regulatory signage necessary as part of this development, at no cost to Council and in accordance with Council requirements, such works being implemented prior to the issue of any occupation certificate. Note: The provision of additional regulatory signage and alterations to existing regulatory signage will need to be referred to the Newcastle City Traffic Committee for approval prior to installation. CONDITIONS TO BE SATISFIED PRIOR TO COMMENCMENT OF EXTENDED HOURS OF OUTDOOR TERRACE 61A.…

61. The developer being responsible for the provision of additional regulatory signage in Hunter and Perkins Streets adjacent to the site frontage and all adjustments to and/or relocation of existing regulatory signage necessary as part of this development, at no cost to Council and in accordance with Council requirements, such works being implemented prior to the issue of any occupation certificate. Note: The provision of additional regulatory signage and alterations to existing regulatory signage will need to be referred to the Newcastle City Traffic Committee for approval prior to installation. CONDITIONS TO BE SATISFIED PRIOR TO COMMENCMENT OF EXTENDED HOURS OF OUTDOOR TERRACE 61A.…

68. The maximum capacity of the hotel including guest rooms, restaurants/café and bar/gaming areas are not to exceed 708. The maximum capacity of 708 persons at any time comprising the following: • The maximum patron numbers of the hotel combined ground floor is 400 (inclusive of any guests) in accordance with BCA (sanitary facilities/egress requirements) • The capacity of the Ground Floor Restaurant shall be limited to 160 patrons • the capacity of the Ground Floor Hotel Bar shall be limited to 120 patrons • the capacity of the Ground Floor Cafe shall be limited to 20 patrons • the capacity of the Ground Floor Sports Bar/Gaming Lounge shall be limited to 100 patrons • The maximum capacity…

38. The Construction Management Plan shall include a Noise and Vibration Management program prepared by a suitably qualified acoustical consultant which details: a) Potential construction noise and vibration impacts; b) Measures for minimising the impact of the construction phase on the amenity of the neighbourhood, generally in accordance with 'AS 2436-2010 - Guide to Noise and Vibration Control in Construction, Demolition and Maintenance Sites' and the Environment Protection Authority's 'Interim Construction Noise Guideline' and 'Assessing Vibration: a technical guideline'; and c) Measures to mitigate dust impacts arising from demolition and construction activities. 38A. The Environment…

79. An appropriately qualified acoustic consultant different to that who produced the acoustic assessment for DA2019/01150, shall be engaged and paid for by the Applicant to undertake independent monitoring and assessment of the noise emissions during periods of extended trade of the outdoor terrace, within 3-months of this determination and every three months thereafter until the end of the trial period (i.e. quarterly). The assessment shall include conducting measurements from the nearby residential receivers. A report is to be prepared and submitted to Council within 14-days of the monitoring and must include recommendations should the assessment identify an exceedance of the noise…

49. Appropriate acoustic treatment is to be implemented in accordance with the recommendations set out in the report prepared by Acoustic Logic, dated September 2019. Written final certification confirming the recommended acoustic treatment has been implemented in accordance with the requirements of the above report is to be submitted to the Principal Certifying Authority and Council prior to the issue of an Occupation Certificate. Note: The acoustic consultant may need to be involved during the construction process in order to ensure final certification is achieved. 49A. Prior to the issue of an Occupation Certificate an appropriately qualified consultant is to install and set out the…

49. Appropriate acoustic treatment is to be implemented in accordance with the recommendations set out in the report prepared by Acoustic Logic, dated September 2019. Written final certification confirming the recommended acoustic treatment has been implemented in accordance with the requirements of the above report is to be submitted to the Principal Certifying Authority and Council prior to the issue of an Occupation Certificate. Page 14 of 29 Note: The acoustic consultant may need to be involved during the construction process in order to ensure final certification is achieved. 49A. Prior to the issue of an Occupation Certificate an appropriately qualified consultant is to install and…

70. Noise control During occupation and ongoing use of the premises, all plant and equipment installed thereon, is not to give rise to any offensive noise, as defined under the Protection of the Environment Operations Act 1997. Page 22 of 36 Should Newcastle City Council consider that offensive noise has emanated from the premises, the owner/occupier of the premises will be required to submit an acoustic assessment prepared by a suitably qualified acoustical consultant recommending acoustic measures necessary to ensure future compliance with this condition and will be required to implement such measures within a nominated period. Furthermore, written certification from the said consultant,…

78. The use and occupation of the premises, including all plant and equipment installed thereon, is not to give rise to any offensive noise and/or give rise to the emission of any ‘air impurity’, as defined under the Protection of the Environment Operations Act 1997 (NSW). Should Council consider offensive noise has emanated from the premises, the owner/occupier of the premises will be required to submit an acoustic assessment prepared by a suitably qualified acoustical consultant recommending appropriate acoustic measures necessary to ensure future compliance with this condition and will be required to implement such measures within a nominated period. Furthermore, written certification…

27. Limiting noise - general Before the issue of the first construction certificate for the development (i.e., whether for part or whole of a building), details are to be provided demonstrating that all noise generating equipment such as air conditioning units, swimming pool filters, fixed vacuum systems and driveway entry shutters are designed to protect the acoustic privacy of residents and neighbours, and that all such noise generating equipment is acoustically screened. The noise level generated by any equipment does not exceed an LAeq (15 min) of 5dB(A) above background noise at the property boundary. Full details are to be included in the construction certificate documentation.…

18. Limiting noise - general Before the issue of the relevant Crown certificate for the development (i.e., whether for part or whole of a building), details are to be provided demonstrating that all noise generating equipment such as air conditioning units, swimming pool filters, fixed vacuum systems and driveway entry shutters are designed to protect the acoustic privacy of residents and neighbours, and that all such noise generating equipment is acoustically screened. The noise level generated by any equipment does not exceed an LAeq (15 min) of 5dB(A) above background noise at the property boundary. Full details are to be included in the Crown certificate documentation. Condition reason:…

111. The use and occupation of the premises, including all plant and equipment installed thereon, is not to give rise to any offensive noise, as defined under the Protection of the Environment Operations Act 1997. Should City of Newcastle consider that offensive noise has emanated from the premises, the owner/occupier of the premises will be required to submit an acoustic assessment prepared by a suitably qualified acoustical consultant recommending acoustic measures necessary to ensure future compliance with this condition and will be required to implement such measures within a nominated period. Furthermore, written certification from the said consultant, verifying that the recommended…

111. The use and occupation of the premises, including all plant and equipment installed thereon, is not to give rise to any offensive noise, as defined under the Protection of the Environment Operations Act 1997. Should City of Newcastle consider that offensive noise has emanated from the premises, the owner/occupier of the premises will be required to submit an acoustic assessment prepared by a suitably qualified acoustical consultant recommending acoustic measures necessary to ensure future compliance with this condition and will be required to implement such measures within a nominated period. Furthermore, written certification from the said consultant, verifying that the recommended…

108. Acoustic treatment is to be implemented in accordance with the recommendations set out in the report prepared by Reverb Acoustics, dated August 2018 Noise Impact Assessment prepared by Reverb Acoustics Pty Ltd (Report No. 23-2844-R1) dated June 2023.Written final certification verifying that the recommended acoustic treatment has been implemented in accordance with the requirements of the above report is to be submitted to the Principal Certifier and the City of Newcastle prior to the issue of an Occupation Certificate. Note: The acoustic consultant may need to be involved during the construction process, in order to ensure that final certification is achieved. (Condition amended -…

108. Acoustic treatment is to be implemented in accordance with the recommendations set out in the report prepared by Reverb Acoustics, dated August 2018 Noise Impact Assessment prepared by Reverb Acoustics Pty Ltd (Report No. 23-2844-R1) dated June 2023.Written final certification verifying that the recommended acoustic treatment has been implemented in accordance with the requirements of the above report is to be submitted to the Principal Certifier and the City of Newcastle prior to the issue of an Occupation Certificate. Note: The acoustic consultant may need to be involved during the construction process, in order to ensure that final certification is achieved. (Condition amended -…

39. The development application for each stage must provide a report from a suitably qualified acoustical consultant assessing the impacts of existing urban noise levels on the buildings proposed in the respective stage. The report shall include acoustic measures to ensure internal noise levels within the proposed buildings are in accordance with Australian Standard ‘AS 2107 – 2000 Acoustics – Recommended design sound levels and reverberation times for building interiors’. Section 94 Contributions

45. Limits on noise During building/demolition work, generation of noise that is audible at residential premises is to be restricted to the following times:  Monday to Friday, 7:00 am to 6:00 pm and  Saturday, 8:00 am to 1:00 pm. No noise from construction/demolition work is to be generated on Sundays or public holidays. Condition reason: to protect the residential amenity of neighbours.

9. Limits on noise During building/demolition work, generation of noise that is audible at residential premises is to be restricted to the following times: • Monday to Friday, 7:00 am to 6:00 pm and • Saturday, 8:00 am to 1:00 pm. No noise from construction/demolition work is to be generated on Sundays or public holidays. Condition reason: to protect the residential amenity of neighbours.

32. Limits on noise During building/demolition work, generation of noise that is audible at residential premises is to be restricted to the following times: • Monday to Saturday Friday, 7:00 am to 5:00 pm No noise from construction/demolition work is to be generated on Sundays or public holidays. Condition reason: to protect the residential amenity of neighbours.

35. The recommendations of the acoustic consultant are to be implemented in the construction of the development. Written certification from the acoustic consultant confirming that the recommended acoustic treatments have been implemented is to be submitted to the Principal Certifier prior to the occupation of the premises. PLANNING AND DESIGN

35. The recommendations of the acoustic consultant are to be implemented in the construction of the development. Written certification from the acoustic consultant confirming that the recommended acoustic treatments have been implemented is to be submitted to the Principal Certifier prior to the occupation of the premises. PLANNING AND DESIGN

36. Construction/demolition work that generates noise that is audible at residential premises is to be restricted to the following times: •Monday to Friday, 7:00 am to 6:00 pm and •Saturday, 8:00 am to 1:00 pm. No noise from construction/demolition work is to be generated on Sundays or public holidays.

36. Construction/demolition work that generates noise that is audible at residential premises is to be restricted to the following times: •Monday to Friday, 7:00 am to 6:00 pm and •Saturday, 8:00 am to 1:00 pm. No noise from construction/demolition work is to be generated on Sundays or public holidays.