Mod 5

I strongly object to this 5th modification.

The extension of balconies on the 3rd and 5th level are excessive and
greatly effect the amenity from my unit's balcony in the Mantra
building on the second floor. It will also severely effect many other
units on the same side of Mantra block in the inner courtyard and on
the outside.

Th developers are being excessive they had the building past and it
has affected many units in the Mantra complex immeasurably. Now they
want to extend these balconies even further at the 11th hour.

This development modification will be setting a precedent for other
developers to keep making modifications and block views in the
Ettalong area in the future with the same kind of disregard for
properties amenity around them. I feel they are just trying to see how
far they can push the department of planning.

Please do not allow this to be passed and protect the area so everyone
can share the views fairly.Planning has past this once and we accepted
the loss of views as we thought it was fair and reasonable but now the
developers are going to excess it is not fair or reasonable.

I would strongly object to variations on the 5TH floor and as I am an
owner of two units front east facing and a member of the strata
committee to be unacceptable with significant visual impact and hence
should not be approved

On Thurs 29 Nov 2008 2 delegates from the Mantra Resort strata committee
[309 Ed Mieluk and 801 Col Keane] and the Mantra GM had a site
inspection with the Dept of Planning to discuss the impact of Mod 5
amendments on the Mantra apartment owners. I'm Ed Mieluk and as a
strata committee member my objections are lodged on behalf of Mantra
apartment owners which were advised at the AMG held the previous day.
(1) concrete roof at top of building
(2) level 5 balustrade extensions south and westward
(3) level 3 balustrade extensions south and westward.

Regarding (1) above- the concrete roof appears to be purpose built
without approval for a future entertainment or residential building. I
object on behalf of the east facing unit owners above level 4 because
of the potential negative impact on their lives and their businesses
from potential loss of peaceful enjoyment from loud noises/parties
etc.

Regarding (2) above- the site meeting looked at the impact of the 5th
level modifications from apartments on Mantra's eastern side front and
rear. The glass balustrade extending southward about 7 metres and
westward about 4 metres will cause a significant negative visual
impact through loss of water views from these apartments.

Regarding (3) above- the site meeting looked at the impact of 3rd
level modifications [extension of glass balustrade south by above 1.5
metres and westward] on the east facing units on level 3 of Mantra.
Although the visual impact from loss of water views is relatively
minor, there is non-the-less a negative visual impact.

I strongly object to all modification to the existing plans as each will
further impact views, privacy and sunlight. The modifications on
levels 3 and 5 in particular are a concern where the developer is
trying to build a larger deck in two steps to fool the authorities.
The privacy 1 metre high screen moved further out on level three will
be a major issue for many units - This should not be allowed.

The complex should not be allowed any further modifications including
any of these they have requested.

I'm writing to confirm my objection to the proposed amendments to the
above referenced property,

My objections are;

1. Effects to sight lines, obstruction of views to the east caused by
the extension of the privacy wall to L3, L5 Balconies.

2. Effects on privacy, due to occupants now being able to move further
South with direct sight back into my unit.

3. Noise, safety concerns due to increased size of balconies enabling
more people to be on the balconies.

I would also like to strongly object to the modification to the rooftop
as it was not on the original plans that were passed.

This could see large parties and noise and it is unacceptable in this
quiet area.

I have just read on an email from the agent acting on behalf of the
developer that the developer is asking, if he changes the hand rail/
privacy screen on level 5 to clear glass would we remove our
objection.

My answer is a firm no. I object to the size and length and over all
bulk of the balcony extension and also the 1m privacy screens that are
being added at this late stage on all balconies that will obliterate
out viewed and greatly effect our amenity.

This modification should be stopped completely. This has developer
made 5 modifications now and this last one is the worst and should not
be passed in its entirety especially level 3 and 5 balconies..

I wish to voice my objection as an owner at the Mantra , to further
extensions being approved at this late stage of the development at the
Atlantis project.

I feel it is grossly unfair to allow extensions to balconies which
will impact further on north facing units at the Mantra.
Reducing the value of the units on this side of the building is not in
the best interests of not just the owners but the town of Ettalong
itself.
I believe strongly that the wants of a few should not take priority
over the need of others to maintain value and enjoyment of their own
existing units.

I object with the application.
This will impact our building.
It is common knowledge that a developer uses this tactic to enhance,
and over develop their property.
The initial application should be all that stands.
Developers should NOT be given extra area or changes that impact
others.
This is a gross act of greed and should not be approved.

I object as this is going to impact our building.
I totally object with this Practace of a greedy developer pushing for
extra after council has approved the initial plans.
This should not be granted.

Submission by Christopher Casey.re. (MP 09_0121 MOD 5)
As an owner of Unit 406 in The Mantra I object strenuously to the
proposed modifications by Longbeach Living, there 5th such
Modification.
Of major concern is the proposal to add balconies to apartment's 408
and 601 on the western side, adjacent to The Mantra .The addition of
balconies and the addition of a door to such balcony is certainly not
a minor modification and should not be approved by Council. Not only
is such addition contrary to the original plans it is again
detrimental to the Owners in The Mantra..
In addition the proposal to extend balconies around 308 and 307 from
the current approved area of 28 sq. mtrs to 55 sq. mtrs. This would be
achieved by extending the glass railing to the edge of the balcony.
This would severly detract from the original " setback tiered "
appearance and allow canopies, shade sails and cabanas etc. to be
erected on this extension adjacent to The Esplanade. Already the
footprint ot the 3rd floor apartment extends South to the water. Which
will further restrict the view to the East from the Mantra.
Apartment 506 and 507 are proposing increases in their balcony size by
3.5 mtrs South towards the water. Again detracting from the view
Easterly.
New balconies , contrary to the origina;l approved plans are proposed
for apartments 408 and 601, on the western side, again directly
adjacent to apartments in The Mantra .
In my opinion , none of the above alterations, extensions or additions
are of a minor nature and should not be approved..
All proposals negatively affect our investment in our Unit , we have
already suffered financially, with loss of rental income plus property
devaluation and these modifications will only add to that loss..The
modifications proposed are not a necessity but rather an excessive
luxury at other peoples exspense .

I would also like to strongly object to the modification to the rooftop
as it was not on the original plans that were passed.



This could see large parties and noise and it is unacceptable in this
quiet area.



I have just read on an email from the agent acting on behalf of the
developer that the developer is asking, if he changes the hand rail/
privacy screen on level 5 to clear glass would we remove our
objection.



My answer is a firm no. I object to the size and length and over all
bulk of the balcony extension and also the 1mtr. privacy screens that
are being added at this late stage on all balconies that will
obliterate out viewed and greatly effect our amenity.



This modification should be stopped completely. This has developer
made 5 modifications now and this last one is the worst and should not
be passed in its entirety especially level 3 and 5 balconies..

I also strongly object to the modification to the Rooftop as it was
not on the original Plans when passed.
This promotes large Parties of people creating noise and disturbing
the peace and serenity in the area.
And also the placement of large Potted Trees to further obstruct the
Views.
We have received on other correspondence from the Developers' Agent
asking if they make changes to the Hand Rail/Privacy Screen on Level 5
to clear Glass if we would remove our objections.
Our answer is emphatically no! We object to the size and length and
overall bulk of the Balcony extension and also the 1 metre Privacy
Screens that are being added at this late stage on all Balconies that
will obliterate out views and greatly effect our Community.
These modifications should be stopped completely. This Developer has
made five modifications to date and should not be passed in the best
interest of all Parties who have a duty of care to all Residents and
Property Owners..

Extending the balconies on level 3 and 5 will restrict the views I get
from my unit and have a detrimental effect to the value and amenity of
the property. It will reduce the income I am able to obtain when it is
rented making the property less valuable.
EXTENDING THE PRIVACY SCREENS BY 1 METRE WILL FURTHER REDUCE THE
VIEWS..

the large balconies of this development will block the views of my
investment property at Mantra Ettalong Beach and adversely affect the
value of my property

I STRONGLY OBJECT TO WHAT IS NOW PROPOSED. MY UNIT FACES THE WATER AND
WHILST I UNDERSTAND THAT PROGRESS CANNOT BE STOPPED I KNOW THAT IF
WHAT IS BEING SOUGHT IS APPROVED THE VIEW FROM MY APARTMENT WILL BE
ADVERSELY AFFECTED. IT WAS THE OUTLOOK WHICH MADE ME PURCHASE THE
APARTMENT SOME 12 YEARS AGO. I ALSO FEEL THAT BY ADDING THE LARGER
BALCONIES WOULD CREATE MORE PARTIES AND NOISE PROBLEMS. THE VALUE OF
MY UNIT WILL IN MY OPINION BE ADVERSELY AFFECTED. APPROVAL OF WHAT IS
BEING SOUGHT WOULD IN MY OPINION BE SETTING AN UNACCEPTABLE PRECEDENT
FOR FUTURE DEVELOPMENT IN THE AREA. I THEREFORE STRONGLY URGE YOU TO
REJECT IN TOTAL WHAT IS NOW BEING SOUGHT BY THE DEVELOPERS.

Re modification Memorial Avenue and the Esplanade. Ettalong Beach.

As an owner of a unit in the Mantra complex at Ettalong Beach
I feel that the proposed amendments including extension of balconies
on levels 3 and 5 will cause further loss of views to some occupants
at the Mantra and will decrease the overall
value of all unit owners in this building

I am the owner of unit 109 & 127 at 51-54 The Esplanade Ettalong Beach
The Mantra. We have already lost half of our view in 109 & most of our
views from 127. So yes we object. It has already effected the resale
value of our properties & rental potential. If they are permitted to
do more amendments after completion of the planed building we will
lose even more.of the resorts views. This will affect not just us but
all owners and holiday makers alike. I have attached before & after
photos from my unit to show just how much it has already changed our
once beautiful outlook. I was already amazed at how the planed
frontage of this building was allowed to be from its boarders, there
is practically no setback from boundaries at the front of the
apartment complex.
Yours sincerely
Many thanks Michael.

https://i.ebayimg.com/00/s/MTA2NlgxNjAw/z/O-MAAOSwDX5cCPMD/$_20.JPG

https://i.ebayimg.com/00/s/OTYwWDE2MDA=/z/xCwAAOSwmE9cCPKa/$_20.JPG

I'd like to raise a complaint about the proposed changes for the new
development of units across the road from Mantra.

I believe the changes will have the following negative impacts on the
many owners and current/future occupants at Mantra:
- Loss of views due to the extension of balconies on level 3 and 5
- Reduced value for existing owners and potential occupants wanting to
stay at Mantra
- The larger balconies may create a noise issue as there will occupy
more people

I have no objection if
a) the footprint of this building is not changed, ie both height and
width. Eg no widening of balconies, viewing areas etc.
b) adult occupants are not increased beyond 5% of original approval.
c) appropriate vehicle parking is catered.

My name is Antonio De Lutiis and I writing on behalf of Ripertee Pty Ltd
who is the owner of units 505, 212, 313 and 314 in the Mantra Resort
Hotel. We received your letter alerting us of the changes that are
being proposed to the units at Memorial Avenue and The Esplanade,
Ettalong Beach.

These proposed changes are significant. To classify these changes as
minor is extremely misleading. These changes will have significant
impact not only to the quiet enjoyment of patrons of surrounding
apartments but also the general public- and more importantly effect
their basic right to privacy.

We would suspect a number of these amendments (in particular, the roof
top terrace) were intentionally omitted from the original plans with
the intention of submitting them later as an amendment (which may have
passed through the process more easily). This is extremely poor form.

We have addressed our concerns below. We will also be contacting our
local member to express our concerns and be requesting that he also
make a formal objection on our behalf. We will also be seeking advice
on our legal options in relation to blocking these amendments.

Concrete Roof at the top of the Building

The modifications add a concrete roof to the top of the Building. The
concrete roof appears to be purpose built, although there is no record
of any permits or approvals for the rooftop as an entertainment space.
We would even go so far as to say that is was purposefully built and
intentionally left off the original plans- this is a very deceptive
practice.

Should the concrete roof be used as an entertaining space, all of the
east facing units who would be negatively impacted. Ettalong is quite
and serene sea side suburb, and invite patrons who are attracted to
its tranquility. It has a village type atmosphere where young families
and middle to elderly couples do to relax. Having an outdoor space
which could be used for entertaining will be disruptive to east facing
units. As a large space it can hold a substantive amount of people (we
would guess 150 people on each balcony). It therefore invites large
parties which (as you would have seen many a time) can escalate easily
and quickly and become rowdy and disorderly . We are extremely
concerned that this amendment will now change the social and cultural
fabric of the town.


Public Bathroom

Having the public bathroom open to the street front often attract
loiters and unsavory characters. Even if the process is that the door
is kept locked, it would be very easy for it to be accidentally left
opened. If the bathroom is designed for the commercial areas it should
be accessed internally. It is not appropriate that the bathroom has an
external facing door/entry. An internal entry would prevent
individuals (who are not patrons of the shops/restaurants or the
units) loitering in these areas. As the design stands, the bathroom is
akin to a public toilet in unsupervised areas (as such as train
station).

During the summer, there are many families who resort in the area and
it essential that young children (in particular) who need to use the
facilities are kept safe. As an example, there was an incident of a
young child only days ago that was sexually assaulted in an
unsupervised public bathroom. The child was attending a lesson at the
commercial premises and in order to use the bathroom had to leave the
premises to go an external facing facility which was not secured from
the general public.

In the plans it appears that there is a public toilet on the ground
level and upper ground level. This appears to be an error as the
bathroom on the upper ground floor has an external facing door. Can
you please clarify.


Level 3 and 5 Balcony Extension

The proposed amendment to the plan appears to extend the level three
balcony from a setback position to the edge of the balcony over hang.
This is absolutely unacceptable and will have significant effects on
the privacy of balconies across the road at the Mantra resort.
Residents of the front apartment on Levels 3 and 5 will be able to see
right onto the balconies and more problematically into the unit at the
Mantra Resort. In addition, the bedrooms in these units are often
situated on the edge of the balcony. This is an absolute invasion of
privacy and it is not appropriate.

In addition, the scale of this building with these amendments is now
not in line with the current streetscape and would be overpowering for
the street. This will impact on the general street scape and be an eye
sore and potentially dangerous. There will be people on the balconies
who will effectively be able to throw things onto the road or at
passing vehicles or pedestrians.

This is inconsistent with the Plans previously approved....
(1) The Roofed area is concreted, whereas it had to be constructed
otherwise.
(2) The extensions of the Balustrades occurring on both Levels 3 and
5.
These modifications are contrary to the best/quiet enjoyment (the
concrete roofed area lends itself to outdoors activities affecting te
quiet enjoyment of our building (the Mantra Ettalong) and any other so
contiguous sites, Also it is tantamount to a Trojan Horse ploy to gain
further construction, impacting adversely on views and general
aesthetics (so couched in Council/Planning Codes).
The extension of Balustrades can be seen as a blight on the vistas for
people generally and adjoining water front properties specifically,
robbing them of the enjoyment of our community's natural gifts,
cluttered by still more obstructions, grossly adding building body
mass, and diminishing views/vantages which are/should be experienced
by as many as possible, and successive generations to come.