1) BYRON SHIRE COUNCIL

13.17 - Attachment 5

Amend Condition 41 to read:

41)    Restriction on Café use & hours of operation

The Floor Areas comprising the Café are restricted to the following:

·   Mobile food cart as indicated on approved plan.

·   Café Outdoor dining area as indicated on approved plan.

The Café is not to operate between the hours of 11:00pm & 7:30am.  All amplified music associated with the café use must cease no later than 10:00pm.

Approval to use the café between the hours of 6:00pm and 11:00pm is limited to a period not exceeding 12 months from the date of commencement of its operation.

The recommendations contained in the report titled “Proposed Café Lot 100 DP 828174, 100 Redgate Road, South Golden Beach Noise Impact Assessment - Rev 2”, prepared by Greg Alderson & Associated (Report No. 16242_20161109_2), undated, shall be implemented in relation to any amplified music associated with the café.

Monitoring of noise levels at the site shall be undertaken on a weekly basis whilst ever amplified music is provided, demonstrating compliance with the recommendations of the Noise Impact Assessment Report.  Monthly compliance summaries are to be provided to Council during the 12 month trial period.

At the end of this trial period, the café is to revert back to a 6pm finish time unless Council has provided written advice that it is satisfied the café has complied with the recommendations contained within the Noise Impact Assessment Report.

Insert the following conditions immediately following Condition 46:

47)    Maximum Number of Patrons

Patron numbers at the cafe not to exceed 38 people. Patrons are not to spill out into the garden, pool or yard areas surrounding the café dining area at any time.

48)    Dining Area

The dining area is defined as the approved outdoor seating area as approved with a maximum area of 38m². No dining, drinking or other activities associated with the operation of the cafe are to occur outside of the dining area.

49)    Use of the Dual Occupancy Dwellings

The dual occupancy dwellings on the site are not to be used for holiday letting or tourist and visitor accommodation.

50)    Use of the Sheds

The sheds are not to be used at any time for any functions, weddings, a reception centre or as a café, dining, dancing or drinking area.