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SSD Modifications

Determination

Modification 5 Increase in Total Allowable Population at Zephyr Bar

City of Sydney

Current Status: Determination

Interact with the stages for their names

  1. Prepare Mod Report
  2. Exhibition
  3. Collate Submissions
  4. Response to Submissions
  5. Assessment
  6. Recommendation
  7. Determination

Modification Application seeking to increase the maximum patron capacity from 200 to 260 at the Zephyr Bar.

Attachments & Resources

Modification Application (7)

Response to Submissions (2)

Additional Information (3)

Recommendation (3)

Determination (3)

Consolidated Consent (1)

Submissions

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Showing 1 - 3 of 3 submissions
David Osborne
Object
SYDNEY , New South Wales
Message
I live across the rooftop from the hotel and am subjected to any noise emanating from the bars as my unit is to all intents and purposes level with them. On Saturday nights especially, the bass sounds from the music played in the bars reverberates through our apartment as if through an amplifier. The noise grows louder after midnight and seems to grow louder every weekend, preventing sleep. The noise from patrons exiting the premises is also a growing nuisance. In addition, the premises at 140 Sussex Street directly below my windows are being prepared for a rooftop, unshielded bar to serve over 200 patrons up to midnight. If the modification application is approved this will mean over 460 drinkers socialising in a very small space, together with their entertainment, destroying any chance of us peacefully using and enjoying our property and slashing the value of our property by an enormous amount. I believe the same disaster will affect owners and residents in the three other residential towers around us. I ask you to please reject the modification proposal and ask the Hyatt management to ensure that the bars comply with their development consent order of 26 February 2016 which I quote below:

"Operational noise
Concerns were raised in submissions and at the public meeting regarding potential operational noise impacts on nearby residences, particularly from the proposed rooftop bar and also in relation to cumulative noise impacts.
The Noise Impact Assessment in the EIS concluded that the proposal would comply with the relevant standards and guidelines, and would have no adverse noise impacts at the nearest affected receivers. The EIS also states that the level 11 executive lounge would be acoustically treated to prevent noise breakouts while the level 12 rooftop bar would be predominantly oriented to the west which faces onto Darling Harbour and Cockle Bay. In addition, the music in both the executive lounge and rooftop would be limited to amplified music (i.e. no live music or DJ music).
The Commission notes that the Department has recommended several conditions of consent (F21, 22, 23, 24 and 25 of Schedule 2) that establish appropriate noise levels for nearby residential receivers during the operation of the proposed executive lounge and rooftop bar, including a requirement that noise must not be audible within any habitable room in any residential use between the hours of midnight and 7am. There is also a recommended condition requiring an Acoustic Verification Certificate to be prepared by a suitably qualified acoustic consultant prior to the issue of an Occupation Certificate, which must demonstrate that the proposed development is capable of complying with the noise levels in the conditions.
While the Commission is generally satisfied that the operational noise levels in the recommended conditions can be met, it believes that the proposed level 12 rooftop bar should be subject to a 12 month trial period to ensure that noise levels are maintained at acceptable levels during operation. The Commission notes that this is standard practice for similar development applications overseen by the City of Sydney Council, as outlined in its Late Night Trading Premises Development Control Plan 2007.
Consequently, the Commission has inserted an additional condition of consent (A6) that permits 24 hour operation of the proposed level 12 rooftop bar for a trial period of 12 months from the date of occupation. After the trial period, the approved hours of operation will change to 7am to midnight, Monday to Sunday, unless otherwise approved by a modification application."
City of Sydney Council
Comment
Sydney , New South Wales
Message
Attachments
Liquor and Gaming NSW
Comment
Haymarket , New South Wales
Message
Attachments

Pagination

Project Details

Application Number
SSD-7014-Mod-5
Main Project
SSD-7014
Assessment Type
SSD Modifications
Development Type
Accommodation
Local Government Areas
City of Sydney
Decision
Approved
Determination Date
Decider
Executive Director

Contact Planner

Name
Rodger Roppolo