Waverley Operational Noise Conditions

1. APPROVED PLANS AND DOCUMENTATION The development must be in accordance with: • Architectural Plans prepared by Koichi Takada PTW Architects including the following: Drawing No. Drawing Name Revision Drawing Date Date Received by Council A-0000 COVER PAGE N O 05/05/2023 23/02/2024 13/06/2023 01/07/2024 A-0001-1 REVISIONS SCHEDULE J 15/05/2023 13/06/2023 A-0001 EXECUTIVE SUMMARY P 02/08/2023 23/02/2024 23/08/2023 01/07/2024 A-0098 BASEMENT 03 P Q 15/05/2023 23/02/2024 13/06/2023 01/07/2024 A-0099 GROUND FLOOR – BASEMENT 02 P Q 05/05/2023 23/02/2024 13/06/2023 01/07/2024 A-0100 BASEMENT 01 PLAN P Q 05/05/2023 23/02/2024 13/06/2023 01/07/2024 A-0101 LEVEL 01 PLAN O P 15/05/2023 23/02/2024…

1. APPROVED PLANS AND DOCUMENTATION The development must be in accordance with: (a) Architectural Plans prepared by Bates Smart of Project No: S12551 including the following: Plan Number Plan description Plan Date Date and Revision received by Council DA00.000A Rev. A BASIX AND NATHERS 15/12/2023 27/09/2024 NOTES DA00.000B Rev. A SENIORS SEPP NOTES 24/09/2024 27/09/2024 DA01.002A Rev. A DEMOLITION PLAN 15/12/2023 27/09/2024 DA01.003 Rev. C SITE PLAN 01/07/2024 27/09/2024 DA03.001 Rev. B BASEMENT 02 24/09/2024 27/09/2024 DA03.002 Rev. D BASEMENT 01 24/09/2024 27/09/2024 DA03.003 Rev. D GROUND LOWER PLAN 24/09/2024 27/09/2024 DA03.004 Rev. D GROUND UPPER PLAN 24/09/2024 27/09/2024 DA03.005…

121. N OISE COMPLAINTS If, during on-going use of the premises, substantiated complaints of breaches of noise emission conditions and/or the Protection of the Environment Operations Act, 1997 occur, an acoustic report assessing the impact of the operation will be required to be carried out by a suitably qualified acoustic consultant. The report is to be submitted to the satisfaction of Council's Environmental Health Section of the Compliance Department within 60 days of written request. The investigation shall include, but not be limited to: (a) The identification of sensitive noise receivers potentially impacted by the proposal; (b) The quantification of the existing acoustic environment…

85. NOISE COMPLAINTS If, during on-going use of the premises, substantiated complaints of breaches of noise emission conditions and/or the Protection of the Environment Operations Act, 1997 occur, an acoustic report assessing the impact of the operation will be required to be carried out by a suitably qualified acoustic consultant. The report is to be submitted to the satisfaction of Council's Health Compliance Unit within 60 days of written request. The investigation shall include, but not be limited to: (a) The identification of sensitive noise receivers potentially impacted by the proposal; (b) The quantification of the existing acoustic environment at the receiver locations (measurement…

91. NOISE COMPLAINTS If, during on-going use of the premises, substantiated complaints of breaches of noise emission conditions and/or the Protection of the Environment Operations Act, 1997 occur, an acoustic report assessing the impact of the operation will be required to be carried out by a suitably qualified acoustic consultant. The report is to be submitted to the satisfaction of Council's Health Compliance Unit within 60 days of written request. The investigation shall include, but not be limited to: (a) The identification of sensitive noise receivers potentially impacted by the DA-455/2022 37 proposal; (b) The quantification of the existing acoustic environment at the receiver…

83. NOISE EMISSIONS – LIQUOR LICENCED PREMISES Noise emissions from the licensed premises shall comply with the following: DA-455/2022 36 (a) The LA10 noise level emitted from the licensed premises shall not exceed 5dB above the background (LA90) noise level in any Octave Band Centre Frequency (31.5Hz to 8KHz inclusive) between the hours of 7.00am and 12.00 midnight when assessed at the nearest affected residential boundary. The background noise level shall be measured in the absence of noise emitted from the licensed premises. (b) The LA10 noise level emitted from the licensed premises shall not exceed the background (LA90) noise level in any Octave Band Frequency (31.5Hz to 8KHz…

89. NOISE EMISSIONS – LIQUOR LICENCED PREMISES Noise emissions from the licensed premises shall comply with the following: (a) The LA10 noise level emitted from the licensed premises shall not exceed 5dB above the background (LA90) noise level in any Octave Band Centre Frequency (31.5Hz to 8KHz inclusive) between the hours of 7.00am and 12.00 midnight when assessed at the nearest affected residential boundary. The background noise level shall be measured in the absence of noise emitted from the licensed premises. (b) The LA10 noise level emitted from the licensed premises shall not exceed the background (LA90) noise level in any Octave Band Frequency (31.5Hz to 8KHz inclusive) between the…

41. NOISE – ACOUSTIC REPORT An Acoustic Assessment Report prepared by a suitably qualified acoustic consultant shall be prepared to assess the impacts of the development (internal and external areas) including any mechanical plant, refrigeration motors and air conditioning units and make recommendations to ensure that the noise from the development will be within the acceptable limits of the Protection of the Environment Operations Act 1997 and relevant legislation. The plan must be submitted to the satisfaction of Council’s Executive Manager, Compliance (or delegate). Note: Any management measures recommended in the acoustic report shall be incorporated into a Plan of Management, which…

42. NOISE – ACOUSTIC REPORT An Acoustic Assessment Report prepared by a suitably qualified acoustic consultant shall be prepared to assess the impacts of the development (internal and external areas) including any mechanical plant, refrigeration motors and air conditioning units and make recommendations to ensure that the noise from the development will be within the acceptable limits of the Protection of the Environment Operations Act 1997 and relevant legislation. The plan must be submitted to the satisfaction of Council’s Executive Manager, Compliance (or delegate). Note: Any management measures recommended in the acoustic report shall be incorporated into a Plan of Management, which…

119. N OISE – MECHANICAL PLANT (COMMERICAL PREMISES) Noise associated with mechanical plant shall not give rise to any one or more of the following: (a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy. (b) A sound pressure level at any affected property that exceeds the background (LA90, 15 minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use. The source noise level must be assessed as a LAeq, 15 minute. DA-22/2024 (d) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant associated with the…

81. NOISE - MECHANICAL PLANT Noise associated with mechanical plant shall not give rise to any one or more of the following: (a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy. (b) A sound pressure level at any affected property that exceeds the background (LA90, 15 minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use. The source noise level must be assessed as a LAeq, 15 minute. (c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant associated with the premises must not be audible in any…

87. NOISE - MECHANICAL PLANT Noise associated with mechanical plant shall not give rise to any one or more of the following: (a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy. (b) A sound pressure level at any affected property that exceeds the background (LA90, 15 minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use. The source noise level must be assessed as a LAeq, 15 minute. (c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant associated with the premises must not be audible in any…

94. NOISE - MECHANICAL PLANT (COMMERCIAL PREMISES) Noise associated with mechanical plant shall not give rise to any one or more of the following: a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy. b) A sound pressure level at any affected property that exceeds the background (LA90, 15 minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use. The source noise level must be assessed as a LAeq, 15 minute. c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant associated with the premises must not be…

95. REFRIGERATION UNITS & MECHANICAL PLANT Other than on the roof in accordance with the approved Architectural Plans referred to in condition 1(a) of this consent, refrigeration motors/units and other mechanical plant (i.e. air conditioning) are not to be installed outside the building, without the prior consent of Council in order to assess the cumulative impacts of noise to adjoining properties. All plant is to be installed within the confines of the building and be acoustically treated to ensure that it is within the acceptable limits. And A further Acoustic Report is to be submitted when the mechanical plant has been selected, to ensure compliance with the Protection of the Environment…

41. NOISE MANAGEMENT PLAN – DEMOLITION, EXCAVATION AND CONSTRUCTION A site specific Noise Management Plan, prepared by a suitably qualified acoustic consultant (as defined in the advisory section of this consent) must be submitted to the satisfaction of Council’s Executive Manager, Compliance (or delegate) for demolition, excavation and construction works. For further information on the requirements, refer to Council’s website: https://www.waverley.nsw.gov.au/building/development_applications/post_d etermination/development_applications_-_conditions_of_consent Condition reason: To protect the amenity of the local area.

40. NOISE MANAGEMENT PLAN - DEMOLITION, EXCAVATION AND CONSTRUCTION A site specific Noise Management Plan, prepared by a suitably qualified acoustic consultant (as defined in the advisory section of this consent) must be submitted to the satisfaction of Council’s Executive Manager, Compliance (or delegate) for demolition, excavation and construction works. For further information on the requirements, refer to Council’s website: https://www.waverley.nsw.gov.au/building/development_applications/post_determination/develo pment_applications_-_conditions_of_consent

92. CERTIFICATION OF ACOUSTIC PERFORMANCE An acoustic report/certificate prepared by a suitably qualified acoustic consultant is to be submitted to the Principal Certifying Authority and Council’s Executive Manager Compliance, certifying that all acoustic recommendations (including noise from mechanical plant) and conditions of consent (including the operational conditions) have been incorporated into the development and can be satisfied. Condition reason: To protect the amenity of the local area.

11. SUITABLY QUALIFIED ACOUSTIC CONSULTANT In these conditions, reference to a suitably qualified acoustic consultant means an individual who possesses the qualifications to render them eligible for membership of both the Australian Acoustics Society and Institution of Engineers Australia at the grade of member or an individual who is employed by a member firm of the Association of Australian Acoustic Consultants.

12. SUITABLY QUALIFIED ACOUSTIC CONSULTANT In these conditions, reference to a suitably qualified acoustic consultant means an individual who possesses the qualifications to render them eligible for membership of both the Australian Acoustics Society and Institution of Engineers Australia at the grade of member or an individual who is employed by a member firm of the Association of Australian Acoustic Consultants.

65. CERTIFICATION OF ACOUSTIC PERFORMANCE An acoustic report/certificate prepared by a suitably qualified acoustic consultant is to be submitted to the Principal Certifier and the Council, certifying that all acoustic recommendations (including noise from mechanical plant) and conditions of consent (including the operational conditions) have been incorporated into the development and can be satisfied.

8. ACOUSTIC REPORT The “recommendations” as outlined in the Acoustic Report prepared by Marshall Day Acoustics [Ref:Rp00120230361] dated 31 July 2023 and received by Council on 31/07/2023 shall be implemented in full. Condition reason: To protect the amenity of neighbouring properties. DA-455/2022 9 BUILDING WORK BEFORE ISSUE OF A CONSTRUCTION CERTIFICATE » Condition

84. CLOSURE OF WINDOWS / LOUVRES To minimise any transmission of noise from the premises to nearby residential buildings all windows, louvres and other openings to the multi-purpose /function area shall be closed by 10pm, each day an event is held. Condition reason: To protect the amenity of the local area.

90. CLOSURE OF WINDOWS / LOUVRES To minimise any transmission of noise from the premises to nearby residential buildings all windows, louvres and other openings to the multi-purpose /function area shall be closed by 10pm, each day an event is held. Condition reason: To protect the amenity of the local area.

80. NOISE EMISSIONS The use of the premises shall not give rise to the transmission of "Offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy. Condition reason: To protect the amenity of the local area.

86. NOISE EMISSIONS The use of the premises shall not give rise to the transmission of "Offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy. Condition reason: To protect the amenity of the local area.

93. NOISE EMISSIONS The use of the premises shall not give rise to the transmission of "Offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy.