PlanningAlerts

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1. The back of the Lox Stock and Barrel property adjoins multiple residential apartment sites. Noise from the outside areas of these properties is well known to carry at a very significant level into the many apartments where people reside with residents negatively being impacted by this.

   If the back of the restaurant is to be used for the gathering of any customers for sitting, eating or drinking etc, this will have a very significant negative impact on increased noise levels, which unfortunately in this area carry far too well into the adjoining residential apartments where we and other families reside. This will especially be the case if it is open at night when some people are in bed from 9pm. Previously when there was a gathering in this area, the noise was very loud and shutting the apartment windows was not sufficient to block it out.

   This objection is limited to any proposed use of the back outdoor area in the evenings.

2. This DA is evidence of intensification of commercial activity in the Hall Street Town Center area, which extends along Hall Street and Into Glenayr Avenue. It has been accellerated by the approval by the State Government of the Adina retail, hotel and residential complex between Hall. O'Brien & Roscoe Streets.
   This has impacted negatively on the residential amenity of Hall and other surrounding streets, with increased traffic and pressure for parking, noise from commercial premises (often licensed), etc.
   Many businesses in the area (particularly hospitality based) are now seeking to extend their operations in the backyards of the properties where they have street frontages, whether by use of these spaces as storage areas, for accessing toilet facilities, or, as in this case, by allowing patrons of the business to use these areas as if they belonged to the business and were part of the floor space of the building. This is not acceptable to residents.
   The main trouble is that almost all of the properties operate in a mixed-use zoning, specifically this means that there is always residential accommodation above the premises, and usually directly adjacent to the outdoor areas attached to the commercial operations.
   This inevitably creates a situation of significant conflict: the peace and quite properly demanded by residents is quickly sacrificed by the eagerness of the business owners for larger operations.
   Council has a very clear legal obligation under the LEP to ensure that all DA's meet the requirement for uses of property to be "compatible", and it is difficult to argue that the proposed use would be in any way at all compatible with the interests of residents.
   I also understand that the DCP requires Council, in a potential conflict between residential and commercial uses, to support the interests of the residents.
   The current application would provide the applicant with considerable benefits, but there is no way of preventing these benefits from coming at considerable expense to the amenity local residents.
   Council is therefore urged to reject the current application.

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