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Council meeting agenda - 4 June 2012 - Clarence City Council

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CLARENCE CITY COUNCIL – PLANNING AUTHORITY MATTERS- 4 JUNE <strong>2012</strong> 33<br />

2. Noise emitted from the heat pump must not exceed the noise levels as<br />

described in the Environmental Management and Pollution Control<br />

(Miscellaneous Noise) Regulations, 2004 so as not to interfere with the<br />

amenity of the area. A report from a suitably qualified person<br />

verifying the noise levels as not exceeding the Environmental<br />

Management and Pollution Control (Miscellaneous Noise)<br />

Regulations, 2004 is to be submitted to <strong>Council</strong> within 30 days of<br />

completion of the works. Should the report recommend that additional<br />

measures are necessary to achieve compliance with the Regulations<br />

these works must be undertaken and completed within 60 days of the<br />

date of the acoustic report.<br />

B. That the details and conclusions included in the Associated Report be recorded<br />

as the reasons for <strong>Council</strong>’s decision in respect of this matter.<br />

________________________________________________________________________<br />

ASSOCIATED REPORT<br />

1. BACKGROUND<br />

The swim centre (currently known as the Seahorse Swim Centre) was approved in<br />

1980 under Permit DA 34/80.<br />

<strong>Council</strong> has received complaints over a number of years concerning the noise created<br />

by the swimming pool’s heat pump. <strong>Council</strong> officers inspected the site on 26 October<br />

2011 and found that the noise from the heat pump was 5dB(A) above the noise levels<br />

allowed under the Environmental Management and Pollution Control (Miscellaneous<br />

Noise) Regulations, 2004. A private acoustic specialist recommended that the noise<br />

emissions could be reduced through construction of an enclosure and housing around<br />

the heat pump. The enclosure is not exempt from requiring a Planning permit and has<br />

partially been erected already.<br />

2. STATUTORY IMPLICATIONS<br />

2.1. The land is zoned Residential under the Scheme.<br />

2.2. The proposed development for Active Recreation is a Discretionary use in the<br />

Residential zone.<br />

2.3. The relevant parts of the Planning Scheme are:<br />

� Section 2 – Planning Policy Framework;

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