690 city planning committee meeting 26 … planning committee meeting held on wednesday, 26 november...

Vision Inspired by lifestyle. Driven by Opportunity

690

Adopted Report of the

City Planning Committee Meeting held on

Wednesday, 26 November 2014 at

09:00 am

Gold Coast City Council Chambers 135 Bundall Road Surfers Paradise

Index Adopted Report of 690

City Planning Committee Meeting Wednesday 26 November 2014

Item Direct Div: File Page Subject

City Development Branch

1# P&E

7

PN48664/01/DA1 4 Development Permit For Material Change Of Use (Impact Assessment) For Attached Dwellings And Medium Density Detached Dwellings (4 Dwelling Units) - Lot 288 On RP95029 And Lot 289 On RP95029 - 40-42 Via Roma, Surfers Paradise - Division 7

2# P&E

11

PN300377/01/DA4

100 Material Change Of Use (Impact Assessment) For Apartments (320 Dwellings) - Lot 130 On SP206406 -Christine Avenue, Varsity Lakes - Division 11

3# P&E PD05/566/-(P5) 259 Swimming Pool Safety Flyers Included With Rates Notice - January 2015

City Planning Branch 4 P&E 267 ITEM WITHDRAWN

5

P&E

CE116/60/-(P3) 268 Gold Coast Heritage Place Conservation and Uses – Preliminary Investigation

City Development Branch

6 P&E PD98/LF 296 Report On Proposed Temporary Local Planning Instrument, Containing The Draft Party House Specific Development Code

# Officer's recommendation changed at Committee KEY: OCEO - Office of the Chief Executive Officer CMS - Community Services GCW - Gold Coast Water EDMP - Economic Development & Major Projects OS - Organisational Services ES - Engineering Services PE - Planning & Environment

690th Council Meeting 28 November 2014 City Planning Committee Meeting 26 November 2014

2 Adopted Report

ADOPTED AT COUNCIL 28 NOVEMBER 2014 RESOLUTION G14.1128.013 Moved Cr Caldwell Seconded Cr Bell That the Report of the City Planning Committee’s Recommendations of Wednesday, 26 November 2014, numbered CP14.1126.001 to CP14.1126.006, be adopted with the exception of:- Recommendation Numbers CP14.1126.001 and

CP14.1126.006 which were specifically resolved.

CARRIED ATTENDANCE Cr C M Caldwell Chairperson Cr A J D Bell Cr G J Betts Cr D Gates Cr W M A Owen-Jones Cr C L Robbins Cr P A Taylor Cr J E Grew Visitor (left meeting at 10.15am) Ms G Connolly Director Planning & Environment (arrived at meeting at 9.27am) Mr M Hulse Manager City Development Ms K Mahoney Manager City Planning APOLOGIES Nil PRESENTATIONS Planning Reform Update – Christopher Davis, Senior Technical Planning Officer


3 Adopted Report

ITEM 1 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1

Refer 14 page attachment

1 OVERVIEW

Site address 40-42 Via Roma Surfers Paradise

Application description

Development Permit for Material Change of Use (Impact Assessment) for Attached Dwellings and Medium Density Detached Dwellings (4 Dwelling Units).

Decision due date 25 November 2014

Proposal

Proposal is for an Attached Dwelling and Medium Density Detached Dwelling development consisting of:

Two (2) storeys in building height 3 three bedroom dwelling units 1 four bedroom dwelling unit Two covered car parking spaces per tenancy Two visitor car parking spaces

The proposed development is to be accessed off a single vehicular crossover (VXO) fronting Via Roma.

Main Issues/Resolution

Issue Resolution Density Conditioned for the applicant to

submit amended plans demonstrating the following amendments: The proposed Attached

Dwelling development is to be reduced from four (4) dwelling units to three (3) dwelling units.

Privacy screening on the second storey windows on the eastern side of the development.

Setback Dwelling Unit 01 6 metres from the front boundary.

Submissions Objections Support 183 properly made objections 17 not properly made objections

1 properly made ‘in support’

Key issues raised by submitters

Non-compliance with Density Non-compliance with the Detached Dwelling Domain Intent Increase in Traffic and Noise Conflict with Residential Amenity Conflict with Draft City Plan 2015 Privacy issues

Referral agencies N/A Officer's recommendation Approval (with reduction from 4 dwelling units to 3 dwellings units)


4 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT

6.1 Characteristics of site 6.2 Characteristics of surrounding environment

7 PLANNING ASSESSMENT 7.1 Assessment against draft City Plan 2015 7.2 Assessment against Gold Coast Planning Scheme 2003

8 STATE PLANNING POLICIES Not Applicable 9 STATE PLANNING REGULATORY PROVISIONS Not Applicable 10 SOUTH EAST QUEENSLAND REGIONAL PLAN 11 INTERNAL REFERRALS

11.1 Health and Regulatory Services Applicable 11.2 City Transport Applicable 11.3 Subdivision Engineering Applicable 11.4 Open Space Assessment Not Applicable 11.5 Architect Not Applicable 11.6 Gold Coast Water Applicable 11.7 Engineering Services Applicable 11.8 Plumbing and Drainage Applicable 11.9 Environmental Assessment Applicable 11.10 Operational Works Not Applicable 11.11 Hydraulics and Water Quality Applicable 11.12 QLD Fire Rescue Not Applicable 11.13 Arborist Not Applicable 11.14 Landscape Assessment Applicable 11.15 Beaches and Water Not Applicable 11.16 Geotechnical Engineering Not Applicable 11.17 Social Planning Not Applicable 11.18 Other Sections of Council Not Applicable

12 EXTERNAL REFERRALS 12.1 Concurrence agencies Not Applicable 12.2 Advice agencies Not Applicable


5 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 13 ADOPTED CHARGE CALCULATIONS 14 ADVERTISING 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION 2 EXECUTIVE SUMMARY

Council is in receipt of a development application for a Material Change of Use (Impact Assessment) for Attached Dwellings and Medium Density Detached Dwellings (4 Dwelling Units) located at 40-42 Via Roma Surfers Paradise (Lot 288 on RP95029, Lot 289 on RP95029).

Pursuant to the Gold Coast City Council Planning Scheme 2003 (amended November 2011) the proposed land use is defined as Attached Dwellings and Medium Density Detached Dwellings, which triggers Impact Assessment as per Table of Development ‘A’ within the Detached Dwelling Domain Place Code.

The applicant is seeking approval to lawfully establish Attached Dwellings and Medium Density Detached Dwellings within the parameters of the existing subject site. The proposed development is to consist of:

Two (2) storeys in building height

3 three bedroom dwelling units

1 four bedroom dwelling unit

Two covered car parking spaces per tenancy

Two visitor car parking spaces

In regards to Public Notification, 183 properly made submissions were received by Council. The key issues raised by submitters were:

Non-compliance with Density Non-compliance with the Detached Dwelling Domain Intent Increase in Traffic and Noise Conflict with existing Residential Amenity Conflict with Draft City Plan 2015 Privacy issues

Due to the significant number of objections received in relation to density and the non-compliance with Performance Criteria 6 (PC6) of the Detached Dwelling Domain Place Code, Council officers have conditioned the Attached Dwelling and Medium Density Detached Dwelling development to reduce the proposed density from four (4) dwelling units to three (3) dwelling units, to maintain the character of the locale. The reduction in density will align the proposed development to comply with Acceptable Solution 6.1.1 (AS6.1.1) of the Detached Dwelling Domain Place Code.


6 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 Furthermore, the reduction of the density will allow the proposed development to demonstrate full compliance with Acceptable Solution 2.1 (AS2.1) of the Detached Dwelling Domain Place Code, by setting back dwelling “unit 01” 6 metres from the front boundary. An assessment of the application and associated documents against the relevant provisions of the Gold Coast Planning Scheme 2003 has concluded that the proposal has minimal conflict with the intent of the Detached Dwelling Domain. It is therefore recommended that the development application be approved subject to reasonable and relevant conditions. 3 APPLICATION INFORMATION

Real property description Lot 288 on RP95029 , Lot 289 on RP95029 Applicant Dordogne Investments Pty Ltd Owner at time of lodgement Dordogne Investments Pty Ltd Current owner Dordogne Investments Pty Ltd Site area 1330m² Date application received 3 September 2014 Date entered decision 28 October 2014 Domain Detached Dwelling Domain Draft City Plan 2015 Low Density Residential Zone State planning policies N/A Decision type Development Permit for Material Change of Use

(Impact Assessment) for Attached Dwellings and Medium Density Detached Dwellings (4 Dwelling Units)

4 BACKGROUND

No relevant background information applicable for this development application.

5 PROPOSAL

Proposal is for an Attached Dwellings and Medium Density Detached Dwellings development, consisting of four (4) dwelling units, located at the subject site. The proposed development is to be setback 1.5 metres (OMP) from the eastern (side) and southern (rear) boundaries on the ground level, in addition to 4.2 metres (OMP) and 2.1 metres (OMP) from the eastern (side) and southern (rear) boundaries respectively. Unit 01 will be setback 5.7 metres (OMP) from the front boundary, with a landscape buffer proposed to reduce the scale and bulk of the façade of the attached dwelling. Access will be off a single vehicular crossover (VXO) fronting Via Roma into an internal driveway to service the four (4) dwelling units, as displayed in the site plan below:


7 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1

Figure 1 - Site Plan

The proposed dwelling units will incorporate three (3) different designs Type A, Type B and Type C: Type A: Dwelling unit 01 will be inclusive of four (4) bedrooms, three (3) bathrooms, Retreat and a double lock up garage (DLUG) within a two storey tenancy at the front of the subject site, as displayed in the floor plans below:

Figure 2 - Dwelling Unit Type A


8 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 Type B: Dwelling units 02 and 03 will be inclusive of three (3) bedrooms, three (3) bathrooms, Multi-Purpose Room, Retreat and a double lock up garage (DLUG) within two storey tenancies within the middle of the subject site, as displayed in the floor plans below:

Figure 3 - Dwelling Unit Type B

Type C: Dwelling unit 04 will be inclusive of three (3) bedrooms, three (3) bathrooms, Multi-Purpose Room, Retreat, Study and a double lock up garage (DLUG) within a two storey tenancy at the rear of the subject site, as displayed in the floor plans below:


9 Adopted Report


Figure 4 - Dwelling Unit Type C

The proposed development is demonstrating an aesthetically pleasing architectural design, presenting a built form not dissimilar to a single detached dwelling from the Via Roma street frontage, as displayed in the 3D Perspective plan below:

Figure 5 - 3D Perspective Plan


10 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 The proposed Attached Dwellings and Medium Density Detached Dwellings will be inclusive of the following Private Open Space components:

Dwelling Unit 1: 107.95m²




This is demonstrated in the Private Open Space plan below:

Figure 6 - Private Open Space Plan

6 SITE & ENVIRONMENT

6.1 Characteristics of site

The location of the proposed development is 40-42 Via Roma, Surfers Paradise, also described as Lot 288 on RP95029 and Lot 289 on RP95029. The specific descriptions of the subject site are as follows:

The area of the subject site is 1330m² (combined);

The subject site has a frontage of 30m along Via Roma;

The topography of the site is predominately flat;

The subject site is located in the Detached Dwelling Domain;

The subject site is currently vacant of any improvements;

The site is located inside the Urban Footprint, in accordance to the South East Queensland Regional Plan.


11 Adopted Report


6.2 Characteristics of surrounding environment

The Isle of Capri is unique in character, being that it is one of the only suburbs on the Gold Coast dominated by detached dwellings, without the influence of other forms residential dwelling types within the locality. Residential Choice zoned land does exist within the Isle of Capri, located to the north east of the subject site, although it has never been developed into medium or high density residential land uses.

The subject site is immediately surrounded by other residential urban parcels of land, improved with detached dwellings. The subject site is approximately 215 metres from the Via Roma commercial development (Neighbourhood Centre) and approximately 230 metres from Lex Bell Park. The subject site is directly across the road from a child care centre and the Surfers Paradise Public School.


12 Adopted Report


Figure 7 - Locality Map

7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant:

the State planning regulatory provisions The proposed development is considered to comply with the Southeast Queensland Regional Plan. The site is located in the Urban Footprint.

the regional plan for a designated region N/A State planning policies (unless appropriately

reflected in any relevant regional plan or planning scheme)

Refer below

a structure plan N/A for development in a declared master planned

area—all master plans for the area N/A

a temporary local planning instrument N/A an earlier preliminary approval to which section

242 applies N/A

a planning scheme Refer below the infrastructure charge resolution or the priority

infrastructure plan. Infrastructure Charges are applicable for this development application

Subject Site

Via Roma Commercial

Development

Lex Bell Park


13 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 In addition, the assessment manager must assess the part of the application having regard to:

the common material The common material has been regarded through the assessment

any development approval for, and any lawful use of, premises the subject of the application or adjacent premises

N/A

any referral agency’s response for the application Refer below

7.1 Assessment against draft City Plan 2015 Pursuant to the Draft City Plan 2015, the subject site is located within the Low Density Residential Zone, where a Multiple Dwelling (Attached Dwellings and Medium Density Detached Dwellings - Gold Coast Planning Scheme 2003) would trigger Impact Assessment, as per Table 5.5.1: Low Density residential Zone (where not in the large lot precinct). The proposed Multiple Dwelling land use is a listed land use within Table 5.5.1.

At this point in time the Draft City Plan 2015 should have little if any weight in the assessment of this development application.

Figure 8 - Draft City Plan 2015

7.2 Assessment against Gold Coast Planning Scheme 2003

Place code Constraint code Specific development code Detached Dwelling Domain

Car Parking, Access and Transport Integration

Attached Dwellings and Medium Density Detached Dwellings

Relationship to the Domain or LAP The subject site is located in the Detached Dwelling Domain.


14 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 Pursuant to the Planning Scheme, the proposed land use is defined as Attached Dwellings and Medium Density Detached Dwellings:

A dwelling attached to or touching another dwelling. This is a more specific definition than 'dwelling'. This term does not include an Apartment. (Please note that a development application for ‘Attached Dwellings and Medium Density Detached Dwellings’ may include individual detached dwellings as a part of the same development complex).

which triggers impact assessment pursuant to table of development A (material change of use).

The intent statement for the Detached Dwelling Domain reads:

The purpose of this domain is to provide for low density residential areas that consist predominantly of low rise, detached dwellings, in a garden landscape, that are well serviced in terms of urban facilities and transport. It is intended to preserve and enhance the suburban character and residential amenity of these low density residential neighbourhoods.

This domain also seeks to enhance and promote the residential lifestyle attributes of privacy and quiet enjoyment of family life, with opportunities for residential based leisure pursuits. Key objectives include:

providing for some variety in dwelling size and style, within the context of a relatively homogeneous residential environment;

providing for extensive areas of both private and public open space, and promoting the landscaping of these areas to achieve a green and attractive residential environment and to contribute to the City wide landscape character themes;

providing for a limited range of home based activity where the scale and intensity of the activity will not impact on the high level of residential amenity expected within this domain; and

facilitating home based business activity where this has no adverse impact on the residential amenity of the neighbourhood.

Officer’s Comments:

The nature of the proposed development is to establish an Attached Dwellings and Medium Density Detached Dwelling development on the subject site located at 40-42 Via Roma, Surfers Paradise. The proposed development is incorporating an aesthetically pleasing landscape design, as the frontage is densely landscaped with regular tree planting; the entire landscaped frontage area is deep planting and the frontage fence is articulated to allow significant amounts of greenery within the frontage to be visible from the road and footpath.

The proposed development has been architecturally designed to aesthetically compliment the surrounding environment. The proposed development is providing variety in dwelling size and style, whilst presenting the built form to be in context of a relatively homogeneous detached dwelling dominated environment.


15 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 However, due to the significant number of objections received in relation to density and the non-compliance with Performance Criteria 6 (PC6) of the Detached Dwelling Domain Place Code, Council officers have conditioned the Attached Dwelling and Medium Density Detached Dwelling development to reduce the proposed density from four (4) dwelling units to three (3) dwelling units, to maintain and enhance the aesthetic appeal and character of the locale. The reduction by one (1) unit would ensure further compliance with the Place Code intent, as the amended design would comply with all of the acceptable solutions, including height, density (AS6.1.1), site coverage and setbacks. The only non-compliance will be with Acceptable Solution 3 (AS3) as more than one dwelling is proposed per lot.

Therefore Council officers consider the proposed development to comply with the intent of the Detached Dwelling Domain.

Compliance with the relevant place code The proposal complies with all of the place code’s acceptable solutions and performance criteria, except as follows:

Performance criteria Acceptable solution PC2 All buildings and covered car parking spaces must provide for setbacks from the street frontage and the side and rear boundaries, which are appropriate to the efficient use of the site and the streetscape character of this domain.

AS2.1 The building and covered car parking space is set back not less than six metres from the frontage of the site. AS2.2 The building (excluding covered car parking space associated with a Detached Dwelling) is set back from the side and rear boundaries at not less than: a) 1.5 metres, measured from the outermost projection of that part of the building which is 4.5 metres or less above ground level; b) 2 metres, measured from the outermost projection of that part of the building which is greater than 4.5 metres but not greater than 7.5 metres above ground level; c) 2 metres, plus 0.5 metres for every 3 metres or part thereof, measured from the outer most projection of that part of the building which is greater than 7.5 metres above ground level.

Officer’s comments: The proposed development incorporates a minimal encroachment of the front façade of Unit 1, with an encroachment of 0.25 metres within the front setback area. The small portion of unit 1 will be setback 5.75 metres, utilising an efficient use of the subject site and maintaining the streetscape character with a landscaped buffer.


16 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 Due to the significant number of objections received in relation to density and the non-compliance with Performance Criteria 6 (PC6) of the Detached Dwelling Domain Place Code, Council officers have conditioned the Attached Dwelling and Medium Density Detached Dwelling development to reduce the proposed density from four (4) dwelling units to three (3) dwelling units, to maintain and enhance the aesthetic appeal and character of the locale. The reduction in density will align the proposed development to comply with Acceptable Solution 6.1.1 (AS6.1.1) of the Detached Dwelling Domain Place Code. Furthermore, the reduction of the density will allow the proposed development to demonstrate full compliance with Acceptable Solution 2.1 (AS2.1) of the Detached Dwelling Domain Place Code, by setting back dwelling “unit 01” 6 metres from the front boundary.

Performance criteria Acceptable solution PC3 Accommodation density must be low to maintain a suburban residential environment comprising predominantly detached dwellings.

AS3 The dwelling density is one dwelling per lot.

Performance criteria Acceptable solution

PC6 Accommodation density must be low to maintain a suburban residential environment comprising predominantly detached dwellings.

AS6.1.1 The maximum dwelling density is one dwelling per 400m2 of the net site area; OR AS6.1.2 Where the site is shown on Overlay Map OM4 – Residential Density as a site where a lesser density applies (in which case the maximum density shown on Overlay Map OM4 – Residential Density applies); OR AS6.1.3 Where the site is shown on Overlay Map OM5 – Minimum Lot Size the maximum dwelling density is one dwelling per lot.

Officer’s comments: The proposed development is to increase the dwelling density from two (2) dwellings to four (4) dwellings over the combined lots. The density of the proposed development is 1 dwelling per 332m² of site area. The proposal for Attached Dwelling and Medium Density Detached Dwellings is out of character for the Isle of Capri, although the proposed attached dwellings will present as a single detached dwelling from the Via Roma street frontage, thus maintaining a suburban residential environment comprising predominantly of detached dwellings.


17 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 In the Officer’s opinion, the increase in density and dwelling type is non-compliant with PC3 and PC6, as it is deemed to be out of character with the unique detached dwelling character of the Isle of Capri. Due to the significant number of objections received in relation to density and the non-compliance with Performance Criteria 6 (PC6) of the Detached Dwelling Domain Place Code, Council officers have conditioned the Attached Dwelling and Medium Density Detached Dwelling development to reduce the proposed density from four (4) dwelling units to three (3) dwelling units, to maintain and enhance the aesthetic appeal and character of the locale. The reduction in density will align the proposed development to comply with Acceptable Solution 6.1.1 (AS6.1.1) of the Detached Dwelling Domain Place Code. Compliance with the relevant specific development code The proposed development is required to demonstrate compliance with the following specific development codes:

Attached Dwellings and Medium Density Detached Dwellings

The proposal complies with all of the specific development code’s acceptable solutions and performance criteria, except as follows:

Attached Dwellings and Medium Density Detached Dwellings Specific Development Code

Performance criteria Acceptable solution PC1 All buildings must provide for setbacks from the street frontage which are appropriate to the efficient use of the site and the streetscape character.

AS1 The building is set back the minimum distance required by the relevant domain or LAP precinct.

Officer’s comments:

The proposed development incorporates a minimal encroachment of the front façade of Unit 1, with an encroachment of 0.25 metres within the front setback area. The small portion of unit 1 will be setback 5.75 metres, utilising an efficient use of the subject site and maintaining the streetscape character, therefore Council officers consider it to comply with Performance Criteria 2 (PC1) of the Attached Dwellings and Medium Density Detached Dwellings Specific Development Code.

Due to the significant number of objections received in relation to density and the non-compliance with Performance Criteria 6 (PC6) of the Detached Dwelling Domain Place Code, Council officers have conditioned the Attached Dwelling and Medium Density Detached Dwelling development to reduce the proposed density from four (4) dwelling units to three (3) dwelling units, to maintain and enhance the aesthetic appeal and character of the locale. The reduction in density will align the proposed development to comply with Acceptable Solution 6.1.1 (AS6.1.1) of the Detached Dwelling Domain Place Code.


18 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 Furthermore, the reduction of the density will allow the proposed development to demonstrate full compliance with Acceptable Solution 2.1 (AS2.1) of the Detached Dwelling Domain Place Code, by setting back dwelling “unit 01” 6 metres from the front boundary.

Compliance with the relevant constraint codes and overlay The proposed development is required to demonstrate compliance with the applicable Acceptable solutions and Performance criteria of the following constraint codes:


Compliance with the Car Parking, Access and Integration Constraint Code The proposal complies with all of the Car Parking, Access and Transport Integration Constraint Code’s Acceptable solutions and Performance Criteria. Where conditions have been required, they have been included in the Officer’s Recommendation.

Desired Environmental Outcomes The proposed Attached Dwelling and Medium Density Detached Dwelling development is a listed land use within Table of Development A of the Detached Dwelling Domain Place Code. The application is generally compliant with all Acceptable Solutions, but due to the amount of properly made submissions received, Council officers have undertaken an assessment against the higher order provisions of the Gold Coast Planning Scheme 2003 to determine compliance.

DEO SOC.1

The establishment, conservation and enhancement of local character and the promotion of a distinctive local identity and sense of place for the various communities of Gold Coast City.


The proposed development is to establish a small scale Attached Dwelling and Medium Density Detached Dwelling development, which will consist of a contemporary and high quality design outcome. With the Officer's recommendation to reduce the proposal from 4 dwellings to 3 dwellings, the proposal is consistent with DEO Soc.1.

The relevant Planning Objectives for DEO Soc.1 which demonstrate support for the proposed development are:

Soc.1.3

To achieve a built form which highlights the basic structural elements of the City's development pattern and maintains clarity in character between the various component parts.


The proposed development has been conditioned to reduce the density from four (4) dwelling units to three (3) dwelling units. The amended design will be consistent and compliant with all Acceptable Solutions within the Detached Dwelling Domain Place Code in relation to the built form. The proposed built form will present as a single detached dwelling from the Via Roma street frontage, maintaining the character of the local area. It is considered by Council officers that the proposed development is consistent with the Planning Objective Soc1.3.


19 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 Soc1.4

To ensure that new development promotes a high standard of urban design which contributes to the attractiveness and efficient functioning of the City's built environment and which reflects the values and aspirations of local communities.


The proposed development has been architecturally designed to offer a high-end urban design product, incorporating an aesthetically pleasing façade and landscaped buffer areas to enhance the attractiveness and efficient functioning of the local area. It is considered by Council officers that the proposed development is consistent with the Planning Objective Soc1.4. DEO SOC.3

The provision of a range of diverse housing choice, including affordable housing, that is responsive to the changing demographic structure of the City's population and promotes equity in access to goods and services.


The proposed development is to establish a small scale Attached Dwelling and Medium Density Detached Dwelling development, which provides a diverse option of residential dwelling type. The proposed development has been conditioned to reduce the density from four (4) dwelling units to three (3) dwelling units. The amended design will be consistent and compliant with all Acceptable Solutions within the Detached Dwelling Domain Place Code.

The proposed development will offer the opportunity for people to have a choice of housing type, whilst not detrimentally affecting the character of the local area. The proposed development is located in close proximity to public transport infrastructure and community facilities, enhancing the need for the proposed development to make efficient use of the existing infrastructure.

The relevant Planning Objectives for DEO Soc.3 which demonstrate support for the proposed development are:

Soc3.1

To facilitate a range of dwelling types and densities, within local areas, that meets the needs of the City's existing and future households.


The proposed development offers a different option of dwelling choice in a local area predominately comprised of detached dwellings. The proposed development is taking an opportunity to provide an aesthetically pleasing design through in-fill development, in an area otherwise dominated by detached dwellings. It is considered by Council officers that the proposed development is consistent with the Planning Objective Soc3.1.

Soc3.2

To facilitate the development of neighbourhoods, with a mix of housing types, tenures, sizes and styles, to encourage social cohesion and integration.


20 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 Officer’s comments:

The proposal is for an Attached Dwelling and Medium Density Detached Dwelling product, purely offering the option for residents within the locale or abroad a different option in housing type. It is considered by Council officers that the proposed development is consistent with the Planning Objective Soc3.2. 8 STATE PLANNING POLICIES There are no state planning policies applicable for this application

9 STATE PLANNING REGULATORY PROVISIONS

There are no state planning regulatory provisions applicable for this application

10 SOUTH EAST QUEENSLAND REGIONAL PLAN

The development application was assessed against the provisions of the South East Queensland Regional Plan, as the subject site is located inside of the Urban Footprint. The proposal is considered to comply with the objectives of the South East Queensland Regional Plan.

11 INTERNAL REFERRALS

The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 11 September 2014

List of available referrals for reference Health and Regulatory Services City Transport Subdivision Engineering Open Space Assessment Architect Gold Coast Water Engineering Services Plumbing and Drainage Environmental Assessment

Operational Works Hydraulics and Water Quality Qld Fire and Rescue (Bushfire) Arborist Landscape Assessment Beaches and Water Geotechnical Engineering Social Planning

From this meeting the application was referred to applicable referrals as discussed below:

11.1 Health and Regulatory Services – Applicable Health and Regulatory Services was referred a copy of the development application to analyse and provide comments/conditions. Council’s Health and Regulatory Services department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.


21 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 Health and Regulatory Services has provided the following comments:

“Acoustics: Due to the proposed location of the subject development, the dominant noise source would be traffic noise from Via Roma which carries in excess of 15,000 vehicles per day. As no noise impact assessment has been submitted with the application, it is deemed acceptable to require this via a condition.

Waste:

The submitted site plan indicates a communal wheelie bin storage area will be provided with bins transported to the kerbside for servicing by residents. Please be advised that this approach is considered acceptable and in accordance with Council Waste Policy.”

11.2 City Transport – Applicable City Transport was referred a copy of the development application to analyse and provide comments/conditions. Council’s City Transport department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.

11.3 Subdivision Engineering – Applicable Subdivision Engineering was referred a copy of the development application to analyse and provide comments/conditions. Council’s Subdivision Engineering department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.

11.4 Open Space Assessment – Not Applicable

11.5 Architect – Applicable

The City Architect was referred a copy of the development application for review, the City Architect has advised that the proposed Attached Dwelling and Medium Density Detached Dwelling development has acceptable architectural and design merit.

11.6 Gold Coast Water - Applicable

Gold Coast Water was referred a copy of the development application to analyse and provide comments/conditions. Council’s Gold Coast Water department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.

Gold Coast Water has provided the following comments:

“The applicant has submitted drawing number BP620/1.05 issue B, dated 25/08/2014 by Jared Poole Design, as part of their application which shows the layout of the proposed units.

Council’s potable water service is readily available to the development site.”


22 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 11.7 Engineering Services - Applicable Engineering Services was referred a copy of the development application to analyse and provide comments/conditions. Council’s Engineering Services department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.

11.8 Plumbing and Drainage - Applicable

Plumbing and Drainage was referred a copy of the development application to analyse and provide comments/conditions. Council’s Plumbing and Drainage department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.

11.9 Environmental Assessment - Applicable

Environmental Assessment was referred a copy of the development application to analyse and provide comments/conditions. Council’s Environmental Assessment department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.

11.10 Operational Works - Not Applicable

11.11 Hydraulics and Water Quality

Hydraulics and Water Quality was referred a copy of the development application to analyse and provide comments/conditions. Council’s Hydraulics and Water Quality department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.

Hydraulics and Water Quality has provided the following comments:

“The application seeks a Material Change of Use development permit for the construction of 4 attached dwellings (4 units) at 40 & 42 Via Roma Surfers Paradise. The total area of the site is 1330m2.

The proposal will cause increase in peak flow from the site and stormwater devices are not necessary for the proposed development. However, the applicant has submitted a report ‘Stormwater Management Plan for 8 Bright Avenue, Labrador” prepared by ADG Engineers (Aust) Pty Ltd dated August 2014 in support of the proposal. The report has proposed 2 x 3KL rainwater tank as a stormwater device, which is adequate. Therefore, this section recommends that the proposed development can be approved subject to the following conditions.”

11.12 QLD Fire Rescue - Not Applicable

11.13 Arborist - Not Applicable


23 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 11.14 Landscape Assessment - Applicable Landscape Assessment was referred a copy of the development application to analyse and provide comments/conditions. Council’s Landscape Assessment department have assessed the application and determined it to be satisfactory, subject to reasonable and relevant conditions.

Landscape Assessment has provided the following comments:

“The development generally has been designed with an acceptable standard of landscape design and satisfies the landscaping related elements of the applicable Codes. Accordingly, conditions of approval have been provided below:”

11.15 Beaches and Water - Not Applicable

11.16 Geotechnical Engineering - Not Applicable

11.17 Social Planning - Not Applicable

11.18 Other Sections of Council - Not Applicable

12 EXTERNAL REFERRALS

12.1 Concurrence agencies

No Concurrence Agencies were triggered as part of this development application.

12.2 Advice agencies

No Advice Agencies were triggered as part of this development application.

13 ADOPTED CHARGE CALCULATIONS

Infrastructure Charge Calculation Charge Calculation

Qty Rate Gross Charge Amount Attached Dwelling (3 Bedroom) 3 Dwellings @ $28,000.00 $84,000.00 $84,000.00

Net Charge Summary

Gross Charge Amount Applied Credit Amount Net Charge Amount

$84,000.00 $56,000.00 $28,000.00

14 ADVERTISING

The applicant has submitted a written notice stating that public notification of the application has been completed in accordance with the requirements of the Sustainable Planning Act 2009.


24 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 In response to advertising, 183 submissions were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Density exceeding 1 dwelling per 400m² of site area.

The proposed development will be inclusive of 4 dwelling units, which equates to 1 dwelling unit per 332.5m². Although the proposed development does not meet the density requirements, the built form presents as a single dwelling from the Via Roma street frontage. The increase in density is minor in terms of it being scaled in between RD1 (1 per 400m²) and RD2 (1 per 300m²) thus compliant with a low density residential outcome. Due to the significant number of objections received in relation to density and the non-compliance with Performance Criteria 6 (PC6) of the Detached Dwelling Domain Place Code, Council officers have conditioned the Attached Dwelling and Medium Density Detached Dwelling development to reduce the proposed density from four (4) dwelling units to three (3) dwelling units, to maintain and enhance the aesthetic appeal and character of the locale. The reduction in density will align the proposed development to comply with Acceptable Solution 6.1.1 (AS6.1.1) of the Detached Dwelling Domain Place Code.

Detached Dwelling Domain character intent.

The proposed development has been architecturally designed to aesthetically compliment the surrounding environment. The proposed Attached Dwellings will present as a high end architectural design from the Via Roma street frontage, conserving and promoting the character intent of the domain. The intent of the Detached Dwelling Domain is to ensure that low density, low rise detached dwellings are the predominant built form, notwithstanding, the intent does not exclude opportunity for other forms of residential dwellings.

Residential Amenity – Additional noise, traffic and lighting.

The proposed development is located on Via Roma, which is a 4 lane, 2 way urban collector road, servicing residential development, an educational establishment, place of worship, sporting ovals and a mixed-use commercial development. It is not considered by Council officers that the proposed development will cause any adverse effects to the locale, in relation to noise, traffic or lighting. The proposed attached dwellings have been setback a greater distance then required from the side boundaries to mitigate any privacy issues and any associated effects from the additional noise and lighting.


25 Adopted Report


Point of objection Officer’s comment Due to the significant number of objections received in

relation to density and the non-compliance with PC6 of the Detached Dwelling Domain Place Code, Council officers have conditioned the Attached Dwelling and Medium Density Detached Dwelling development to reduce the proposed density from four (4) dwelling units to three (3) dwelling units. This reduction will only amount to one additional dwelling, which will have minimal to no impact to the residential amenity. Conditions of approval have been attached in regards to maintaining the visual amenity.

Conflict with Draft City Plan 2015.

At this point in time the Draft City Plan 2015 should have little if any weight in the assessment of this development application. Notwithstanding this, the proposed Attached Dwelling development (3 dwellings) would not significantly cut across the planning intent of the Draft City Plan in the Officer’s opinion.

Conflict with DEO SOC.1 The proposed development will consist of a contemporary and high quality design outcome that will enhance the urban fabric and built form of the immediate locale, serving to only positively contribute to the identity of the area rather than detracting from it. The proposed Attached Dwelling development will enhance the local character through its aesthetically pleasing architectural design.

Setting a precedent of Attached Dwellings in the locale.

The proposed development has been assessed on its on planning merit against the Gold Coast Planning Scheme 2003. Future applications will be assessed on their own merit, and most likely against the City Plan 2015. The proposed development is unique in which it is proposed over two (2) vacant blocks of land, owned by the same private resident, where the total combined total site area can support this form and scale of development.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Not Applicable

16 CONCLUSION

Council is in receipt of a Material Change of Use (Impact Assessment) for Attached Dwellings and Medium Density Detached Dwellings (4 Dwelling Units) located at 40-42 Via Roma Surfers Paradise (Lot 288 on RP95029, Lot 289 on RP95029).


26 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 Pursuant to the Gold Coast City Council Planning Scheme 2003 (amended November 2011), the proposed land use is defined as Attached Dwellings and Medium Density Detached Dwellings, which triggers Impact Assessment as per Table of Development ‘A’ within the Detached Dwelling Domain Place Code.

The applicant is seeking approval to lawfully establish Attached Dwellings and Medium Density Detached Dwellings within the parameters of the existing subject site. The proposed development is to consist of:

Two (2) storeys in building height

3 x three-bedroom dwelling units

1 four bedroom dwelling unit

Two covered car parking spaces per tenancy

Two visitor car parking spaces

Due to the significant number of objections received in relation to density and the non-compliance with Performance Criteria 6 (PC6) of the Detached Dwelling Domain Place Code, Council officers have conditioned the Attached Dwelling and Medium Density Detached Dwelling development to reduce the proposed density from four (4) dwelling units to three (3) dwelling units, to maintain and enhance the aesthetic appeal and character of the locale. The reduction in density will align the proposed development to comply with Acceptable Solution 6.1.1 (AS6.1.1) of the Detached Dwelling Domain Place Code. Furthermore, the reduction of the density will allow the proposed development to demonstrate full compliance with Acceptable Solution 2.1 (AS2.1) of the Detached Dwelling Domain Place Code, by setting back dwelling “unit 01” 6 metres from the front boundary. After a detailed assessment of the proposal, it is recommended that the application be approved subject to reasonable and relevant conditions.

17 NOTIFICATIONS

Not Applicable


27 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolve that:

Real property description Lot 288 on RP95029 , Lot 289 on RP95029 Address of property 42 Via Roma Surfers Paradise Area of property 1330m² Decision type Development Permit for Material Change of Use


Further development permits Building Works Permit, Vehicular Crossover (VXO) Permit, Operational Works (Works for Infrastructure), Operational Works (Private Landscape Works)

Further compliance permits Compliance Permit for Sewerage Works, Compliance Permit for Water Supply Plumbing Work

Compliance assessment required for documents or works

Compliance Assessment of Acid Sulfate Soil Management Plan

NATURE OF DECISION

A Under Delegated Authority the Manager of the City Development Branch approves the issue of a development permit for material change of use for Attached Dwellings and Medium Density Detached Dwellings (3 Dwelling Units), subject to the following conditions:

APPROVED DRAWINGS

1 Amended plans/drawings to be submitted a Amended plans/drawings must be submitted generally in accordance with:

Plan No. Rev. Title Date Prepared by BP620/1.05 B Proposed Site Plan 25/08/14 Jared Poole Design BP620/1.06 B Space Plans 25/08/14 Jared Poole Design BP620/1.07 B GFA/POS Area Summary 25/08/14 Jared Poole Design BP620/2.01 B Floor Plan – Type A 25/08/14 Jared Poole Design BP620/2.02 B Floor Plan – Type B 25/08/14 Jared Poole Design BP620/2.03 B Floor Plan – Type C 25/08/14 Jared Poole Design BP620/3.01 B Elevations 1 & 2 25/08/14 Jared Poole Design BP620/3.02 B Elevations 3 & 4 25/08/14 Jared Poole Design

showing the following amendments: i The proposed Attached Dwelling development is to be reduced from four

(4) dwelling units to three (3) dwelling units. ii Privacy screening on the second storey windows on the eastern side of the

development.


28 Adopted Report


iii Setback Dwelling Unit 01 6 metres from the front boundary. b The amended plans/drawings are to be submitted to Council for approval by the

Chief Executive Officer prior to: i Commencement of the use of the premises.

c The amended plans/drawings, when approved by the Chief Executive Officer, will be the approved plans/drawings forming part of this approval and a stamped copy will be returned to the applicant. The development must be carried out in general accordance with the approved plans/drawings.

2 Decision notice and approved plans/drawings to be submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development application relating to or arising from this development approval.

Timing As indicated within the wording of the condition.

3 Decision notice and approved plans/drawings to be retained on site A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.

Timing At all times.

4 Notice of works timetable The applicant must give Council written notice of the following: a Application number; b Site address; c Name and telephone number (work and after hours) of the

project manager and the site owner; d Works intended to be carried out; e The proposed timetable associated with the works, including

expected commencement, duration and completion date. The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.

Timing After successful completion of any pre-start inspections required by conditions of this or other development approvals and at least 5 business days prior to commencement of any works on site.


29 Adopted Report


5 Lots to be amalgamated Lots Lot 288 on RP95029 and Lot 289 on RP95029 must be amalgamated into one lot. The plan of amalgamation must be registered.

Timing Prior to commencement of the use of the premises.

CAR PARKING AND ACCESS

6 Off street facilities for car parking Off-street facilities for car parking must be designed, constructed and maintained at all times in accordance with the following: a A minimum of 2 off-street car parking spaces must be provided

for each dwelling in addition to 1 visitor space for every 2 dwellings;

b AS2890.1:2004 Parking Facilities Part 1: Off Street Car Parking.

c The off-street facilities for parking must only be used for vehicle parking.

d The off-street facilities for car parking must be drained sealed to a reasonable standard acceptable to a RPEQ qualified engineer.

e Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence.

Timing Prior to the commencement of the use and at all times.

7 Visitor car parking spaces a Visitor car parking must be freely accessible to bona fide

visitors for the duration of any visit to the site. b Car parking spaces for visitors must have no gateways, doors

or similar devices which restrict vehicular access. c Visitor car parking spaces must be clearly identifiable through

the provision of appropriate line marking and signage. d Visitor car parking spaces must be constructed to the

satisfaction of the Chief Executive Officer.


8 Sight distances at access driveway exits Where a driveway is two lane, two way, clear (triangulated) sight lines must be provided and maintained measuring 2.0 m along the front property boundary on the exit side and 2.5 m into the site along the driveway as shown in Figure 3.3 of AS/NZS 2890.1:2004. Note: The width of a driveway to determine ‘two lane’ or ‘one lane’ shall be as defined in AS/NZS2890.1:2004 Parking facilities Part 1: Off-street car parking.

Timing Prior to commencement of the use and at all times.


30 Adopted Report


9 Relocation of School Zone Speed Limit Sign Conflict between the proposed vehicular crossover and the school zone speed limit sign within the verge fronting Via Roma must be removed. Where relocation of signage is required, the relocation must be carried out to the satisfaction of Council’s Chief Executive Officer and in accordance with Transport and Main Roads’ Manual of Uniform Traffic Control Devices, including pavement markings. Signage (and pavement markings) must be clearly visible to motorists and must not to be obstructed by vegetation, etc. This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Prior to any works on-site.

FOOTPATHS AND BIKEWAYS

10 Operational work (works for infrastructure) application required

The applicant must apply for and obtain a development permit for operational work (works for infrastructure) from Council for the design and construction of the works for the footpath/bikeways. Approval of landscaping plans, which show the location of footpaths/bikeways, is not to be taken as an approval to construct such paths.

Timing Prior to commencement of any works within the public road reserve.

VEHICULAR CROSSINGS AND DRIVEWAYS

11 Vehicular crossings a A vehicular crossing (driveway entry within the road reserve)

must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial, commercial and

multi unit residential. b The applicant must apply for and obtain a licence from Council

for the construction of the vehicular crossing/s. c The vehicular crossing/s must be constructed to the


Timing Prior to commencement of the use on the site.

12 Redundant vehicular crossings All redundant vehicle crossings must be removed and kerb and channel reinstated in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. The removal and reinstatement must be to the satisfaction of the Chief Executive Officer, at no cost to Council.

Timing Prior to the commencement of the use.


31 Adopted Report


ROAD RESERVE ALTERATIONS/RECONSTRUCTION

13 Reconstruction of kerb and channel / footpath a Where kerb and channel / footpath is removed or damaged,

the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Via Roma to meet the requirements of section 3.4 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

b The reconstruction of any service pits or infrastructure necessary to achieve the requirements of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings when constructing/reconstructing kerb and channel and footpaths is to be at the applicant’s cost and at no cost to Council.

Timing Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.

ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

14 Connection to, alteration or realignment of Council infrastructure a The applicant must, in respect of any connection to, alteration

or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following: i Ensure that the proposed works comply with Planning

Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings;

ii Apply for and obtain a development permit for operational work (works for infrastructure) for the proposed works;

iii Enter into a bond agreement to ensure damage is not caused to Council infrastructure and to secure the satisfactory completion of the ‘On Maintenance’ period; and

iv Submit ‘As Constructed’ data in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b The connection to, alteration or realignment, once approved, must be undertaken by the applicant, at no cost to Council, and be to the satisfaction of the Chief Executive Officer.

Timing Any connections, alterations or realignment must be completed prior to the commencement of the use of the premises, a request for compliance assessment of the subdivision plan or the issuing of a certificate of classification, whichever occurs first.


32 Adopted Report


Information note: Such connection to, alteration or realignment works may include but not limited to, fire hydrants, water service meters, sewer man hole covers, stormwater drainage infrastructure, reinstatement of disused driveway crossovers with kerb and channel, footpaths, road pavement, kerb and channel, kerb ramps, medians and traffic islands, road furniture, signage and linemarking. Where such works will require the alteration, realignment or in any way impact on other public utility infrastructure (e.g. telecommunications, electricity, gas) the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.

AMENITY

15 Restricted paint colours Buildings and structures must not be painted in highly reflective, bright or obtrusive colours.


16 Screening of storage The storage of any machinery, materials or vehicles must be screened so as not to be visible from any road to which the site has frontage, to the satisfaction of the Chief Executive Officer.

Timing At all times once the use has commenced.

17 No nuisance from lighting All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists.


18 Roof to be non-reflective - Amenity The roof must be constructed with non-reflective finishes so as not to cause glare or other nuisance to surrounding residents, to the satisfaction of the Chief Executive Officer.


ELECTRICAL RETICULATION

19 Electricity supply to MCU developments and private estates a The applicant must submit to Council a copy of the ‘Certificate

of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that low-voltage electricity supply is available to the development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site). In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.

Timing Prior to the earlier of Council compliance assessment of subdivision plans or the commencement of the use.


33 Adopted Report


TELECOMMUNICATIONS

20 Telecommunications – MCU The applicant must: a Provide telecommunications to the subject building/s and

equipment space/s in a suitable location within the building/s, to suit the carrier of choice.

b Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).

Timing Prior to commencement of the use.

ACOUSTICS

21 Acoustic report required prior to building approval An acoustic report must be submitted and approved by Council prior to Building Approval. The report shall include:

a The expected impact of noise from Via Roma on the noise sensitive development;

b Assessment of the impact of traffic noise (including external areas) against the applicable criteria, in accordance with AS2107 - Acoustics – Recommended Design Sound Levels and Reverberation Times for Building Interiors and AS3671 - Acoustics – Road Traffic Noise Intrusion – Building Siting and Construction; and

c The required control measures to achieve compliance with the applicable criteria and standards.

The development must be designed and constructed in accordance with any recommendations of the approved acoustic report and any other conditions imposed in the approval of the report.

Prior to building approval.

WASTE

22 Wheelie bins - external common wheelie bin storage point/s

The common wheelie bin storage point/s must be located in accordance with ‘Proposed Site Plan’ prepared by ‘Jared Poole Design’ dated 25/8/2014 (Reference No. BP620/1.05). The design and construction of the storage point must comply with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below:

a Minimum area of 1m2 per wheelie bin so as to accommodate

the required eight (6) bins;

Prior to occupation of the development


34 Adopted Report


b Sufficiently screened from passing vehicle and pedestrian traffic external to the site or inhabitants of neighbouring properties.

c Constructed hardstand area with a solid concrete base or acceptable equivalent

d Store no more than ten (10) general bins and ten (10) recyclable bins

e Signed, well lit, and easily accessible from within the development

23 Wheelie bins – provision of grassed area for washing bins

A grassed area for washing of bins must be provided in an area that is not for recreational use or pedestrian linkage. This area must be at least twice the area of the storage point, and a hosecock must be provided for cleaning

Prior to occupation of the development.

CONSTRUCTION MANAGEMENT

24 Construction management plan Part A Construction Management Requirements a The construction management plan must be submitted in

accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website.

b The construction management plan must address all activities associated with construction (excluding noise and dust issues), including but not limited to: i Vehicle access (including responsibility for maintenance

of the defined cartage route) during hours of construction;

ii Traffic management (including loading and unloading); iii Parking of vehicles (including on site employees and

delivery vehicles); iv Maintenance of safe pedestrian movement across the

site’s frontage/s (including by people with disabilities); v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management.

c The construction management plan must demonstrate that: i the general public will be adequately protected from

construction activities;

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

The approved construction management plan must be complied with and kept on-site at all times during construction works.


35 Adopted Report


ii the building site will be kept clean and tidy to maintain public safety and amenity; and

iii demand for occupation of the street and protection of Council assets will be well managed.

d The approved construction management plan must be complied with and kept on-site at all times.

Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. e Where it is proposed to interfere with a road for any building or

construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan.

f Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch.

g Where it is required to occupy any portion of the road reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

25 Transport of soil/fill/excavated material During the transportation of soil and other fill/excavated material: a All trucks hauling soil, or fill/excavated material must have their

loads secure and covered; b Any spillage that falls from the trucks or their wheels must be

collected and removed from the site and streets along which the trucks travel, on a daily basis; and

c Prior to vehicles exiting the site, measures must be taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads.

Timing At all times while works are occurring.

26 Water usage The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of recycled water is encouraged, especially where other alternative sources do not exist. Where recycled water is proposed to be used: a The use of the recycled water must be in accordance with the

requirements of the Gold Coast Water Recycled Water



36 Adopted Report


Management Plan (RWMP), which sets out the requirements for transport and use of recycled water;

b The applicant must first complete the Recycled Water User Operator Training with Gold Coast Water, in accordance with the RWMP. Proof of completion of the training course will be by issue of a valid certification card;

c The applicant can only contract to use a recycled water carrier who is accredited and certified by Gold Coast Water. Accreditation requires a current authorised agreement between the water carrier and Gold Coast Water; and

d The water carrier is only allowed to employ certified tanker operator/drivers, who have completed the recycled-water training course with Gold Coast Water and hold a valid certification card.

Information note: To obtain a copy of the management plan and also to obtain a list of approved water carrier operators, the applicant should contact Gold Coast Water: Senior Officer Recycled Water ph. (07) 5582 8422 Gold Coast Water ph. 1300 366 692. Potable water is defined as water treated to drinking water standards (NHMRC guidelines 1996) and being available in Councils normal reticulated potable water supply system. Recycled water is defined as treated sewage in class A+, A B or C in accordance with the Public Health Regulations (NO1) 2008.

27 Workplace health and safety The Workplace Health and Safety Act 1995 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road.


28 Public safety to be ensured The applicant must, at no cost to Council, ensure that all reasonable safeguards in and around the works are undertaken and maintained at all times to ensure the safety of the public. Such safeguards include, but are not limited to, erecting and maintaining barricades, guards, fencing and signs (and ensuring removal after completion of works) and watching and flagging traffic.


HYDRAULICS

29 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the site that

could cause loss or damage.



37 Adopted Report


30 Alteration of overland flow paths Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties.


STORMWATER AND WATER QUALITY

31 Stormwater management plan to be complied with a The submitted stormwater management plan titled “40 - 42 Via

Roma, Isle of Capri Stormwater Management Plan” prepared by ADG Engineers (Aust) Pty Ltd dated 3 September 2014 is approved subject to the following amendments: i The applicant/owner must install rainwater tanks and

confirm the re-use of rainwater in accordance with the approved stormwater management plan.

ii The rainwater tank must be maintained functional for the entire life of the development.

iii Adequate engineering devices must be provided to minimise nuisance flows into adjacent properties (field inlet in landscaping, overflow bypass connected to a legal point of discharge, etc).

b All works must be carried out and completed in accordance with the approved stormwater management plan.


32 Certification that stormwater management treatment train implemented

The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.

Timing Prior to the commencement of the use of the premises.

33 SQIDs maintenance management plan a All ongoing maintenance and monitoring of stormwater

treatment devices (e.g. bio-retention) must be undertaken in accordance with the approved stormwater management and managed by the legal entity of the development for the life of the development, at no cost to Council to the satisfaction of Chief Executive Officer.

b Prior to the commencement of the use of the premises, the applicant must take necessary measures to reflect the requirements of SQID Maintenance Management Plan within the by-laws of the Body Corporate / Community Management Scheme .



38 Adopted Report


EROSION AND SEDIMENT CONTROL

34 Erosion and sediment control a Erosion, sediment and dust control measures must be

implemented in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

b Sediment control structures (eg. sediment fence) must be placed at the base of all materials imported on-site to mitigate any sediment runoff.

c A perimeter bund and/or diversion drain must be constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater.

d All polluted/contaminated water from the site, including dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site.

e The following inspection program must be carried out before the site is fully rehabilitated: i Regular inspections to ensure that adequate erosion

control measures are in place and in good condition both during and after construction; and

ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.

Timing During construction/building works.

ACID SULFATE SOILS (ASS)/GROUNDWATER

35 Excavation/filling requiring consideration of acid sulfate soil If the proposed development will affect soils below 5m AHD and involves either: a The excavation of 100m3 or more of soil or sediment; or b The filling of land involving 500m3 or more of material with an

average depth of 0.5m or greater, the following conditions in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with.



39 Adopted Report


36 Acid sulfate soil investigation An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following:

a The presence/absence of acid sulfate soils over the entire excavation area (ie. through soil investigations);

b The degree (ie. concentration) of acid leachate generating potential of soils;

c The required soil dosage rates and quantity of lime required to mitigate acid leachate; and

d The potential impacts on surrounding environment features.

37 Preparation of acid sulfate soil management plan At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with: a The Queensland Acid Sulfate Soil Technical Manual Version

3.8 (November 2002, Dear et al); and b Conditions of this approval.

38 Compliance assessment of acid sulfate soil management plan The ASSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed pursuant to the Condition above (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following:

Matters or things against which the document must be assessed State Planning Policy 2/02: Planning and Management

Development Involving Acid Sulfate Soils (with Guideline for SPP 2/02);

The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code; and

Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils.

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made



40 Adopted Report


Before the earlier of: A development application for operational work; or Any works commencing on site.

The acid sulfate soil management plan is not an approved plan until a compliance certificate has been issued in respect of it.

39 Compliance certificate with future operational work development applications A copy of the compliance certificate for the acid sulfate soil management plan must be provided with any future operational work development applications.

LANDSCAPE WORKS ON PRIVATE LAND

40 Detailed landscape plan to be submitted for approval a The applicant must submit to Council for approval a detailed

landscape plan, by making a development application for operational work (landscape work).

b Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect or similar

landscape design professional; ii Be in general accordance with the Statement of

Landscape Intent, being Dwg: SLI 14-37, Title: Sheet 5 -Landscape Intent Site Plan Overall, Date: 29 August 2014, By: Deep Rainforest;

iii Reflect the approved layout (including any amendments to that layout required by these conditions) and the conditions of this approval; and

iv Comply with Planning Scheme Policy 13 – Landscape Strategy Part 2 – Landscape Works Documentation Manual.

41 The required landscaping plan must also demonstrate the following: a A minimum of three trees must be provided within the frontage

setback area which are a minimum 200 litre bag size at the time of planting;

b Trees within the frontage setback area must be substantial canopy type trees and not palms or Plumeria species;

c Shrub species within the frontage fence articulations must be a minimum 300mm pot size at the time of planting;

d Where a setback of 3 metres from driveways, 1 metre from inlet gullies, and 7 metres from light poles can be achieved, a street tree in 100 litre bag size must be proposed;

Timing Approval of proposed landscape work must be obtained prior to the earlier of the commencement of operational works (landscaping) or the issue of a certificate of classification.


41 Adopted Report


e Dense plantings of screening shrubs must be included around the above ground water tank;

f The detailed landscape plan must show locations of, and detailed design drawings of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The detailed landscape plan must also incorporate an appropriate list of species in the plant schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in Council’s Water Sensitive Urban Design Guidelines;

42 Pipe Locations Pipes and services must not be located within garden areas;

Timing At all times

43 Frontage Fencing a Frontage fencing for this development must comply with the

design shown on the plans approved by/pursuant to, this notice; and

b Planting areas within the articulations in the fence must be open to grade (i.e. not planter boxes) and not constrained by footings.


SEWERAGE

44 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage works

within the property; Information note: A Plumbing Plan Scrutiny fee is applicable as per Council Fees for Community Title Housing

Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Timing Prior to any on-site sewerage works occurring on site.

45 Sewer reticulation a The development must be connected to Council’s sewer

reticulation system at the applicant’s cost. b The size of the sewerage property service connection shall be

150mm in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).

Timing Prior to commencement of use of the premises.


42 Adopted Report


46 Connection point The existing 225mm main in Via Roma must be used as the connection point, unless otherwise approved by Gold Coast Water.


47 Connections – arrangements with Gold Coast Water Live connection to the existing sewer main shall be performed under Gold Coast Water’s supervision, at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection.

Timing Prior to connection to existing infrastructure.

48 Redundant sewer property connections a Any redundant sewer property service connection within the

site or servicing the development must be sealed and capped by Gold Coast Water at the applicant’s cost.

b The applicant must provide written evidence to Gold Coast Water that this has occurred.


49 Management of Internal Sewerage Infrastructure All private sewer reticulation internal to the development site shall be operated and maintained by the Principal Body Corporate.

Timing At all times

WATER SUPPLY RETICULATION

50 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all water services

within the property; and b comply with Section 7 of Council’s Land Development

Guidelines. Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Timing Prior to works occurring.

51 Water supply reticulation (potable only) The development must be connected to Council’s potable water supply system, at the applicant’s cost.



43 Adopted Report


52 Connection point The existing 375mm main in Via Roma must be used as the water supply connection point, unless otherwise approved by Gold Coast Water.


53 Operational work (works for infrastructure) application required The applicant must obtain a development permit for operational work (works for infrastructure) for connection to Council’s water main.


54 Installation of property service, water meter box and meter The applicant must at their own cost: a Provide a property water service and water meter box at the

boundary of the development site at a strategic location as directed by Gold Coast Water, and in accordance with South East Queensland Water Supply and Sewerage Design and Construction code (SEQ D&C Code), unless otherwise approved by Council.


b Following installation of the property service and water meter box, make application to Gold Coast Water’s Asset Audit & Handover Section (phone 1300 694 222) for installation of the potable water meter.

Timing Compliance with (b) to occur within 7 days of the connection being done and prior to the commencement of use of premises.

c All development shall comply with Clause 5.11 of the current South East Queensland Water Supply and Sewerage Design and Construction code (SEQ D&C Code).


55 Individual sub-metering to be provided The developer shall provide individual sub-metering for each unit within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows, unless otherwise approved by Council. All meters and their locations shall be approved by Plumbing and Drainage.

Timing At the time of lodgement of the Plumbing and Drainage application.

56 Connections – arrangements with Gold Coast Water Live connection to the existing water main shall be at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection.



44 Adopted Report


57 Supply standard The applicant must provide water supply to the standard specified in Section 7 of Gold Coast City Council’s Land Development Guidelines.


58 Fire loading Fire loading must not exceed 15L/s for residential uses.


59 Management of Internal Water Infrastructure All private water reticulation internal to the development site shall be operated and maintained by the Principal Body Corporate

Timing At all times

ADVISORY NOTES TO APPLICANT

A Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 462 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

B Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource

entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration;

b Providing any notifications required by law (by way of example only, to notify the administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’);

c Securing tenure/permission from the relevant owner to use private or public land not owned by the applicant (including for access required by conditions of approval);


45 Adopted Report


d Ensuring the correct siting of structures on the land. An identification survey demonstrating correct siting and setbacks of structures may be requested of the applicant to ensure compliance with this decision notice and applicable codes;

e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $80,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and

f Making payment of any outstanding Council rates and charges applicable to the development site prior to the lodgement of subdivision plans.

C Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.

D Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’[email protected].

E Infrastructure charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.


46 Adopted Report


F Water restrictions to be complied with All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00).

Author: Authorised by: Matthew Khoo Gail Connolly Town Planner Director Planning and Environment November 2014


47 Adopted Report


Committee Recommendation changed at Council 28 November 2014 Changed Recommendation MOTION moved Cr Robbins seconded Cr Gates That Recommendation A) 1) a) (i) be amended to read "that dwelling unit four (4) be deleted from the proposed Attached Dwelling development". The MOTION was LOST COMMITTEE RECOMMENDATION CP14.1126.001 moved Cr Owen-Jones seconded Cr Betts

That Council resolves as follows:

Real property description Lot 288 on RP95029 , Lot 289 on RP95029 Address of property 42 Via Roma Surfers Paradise Area of property 1330m² Decision type Development Permit for Material Change of Use






NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Attached Dwellings and Medium Density Detached Dwellings (4 Dwelling Units), subject to the following conditions:

APPROVED DRAWINGS


Plan No. Rev. Title Date Prepared by BP620/1.05 B Proposed Site Plan 25/08/14 Jared Poole Design BP620/1.06 B Space Plans 25/08/14 Jared Poole Design BP620/1.07 B GFA/POS Area Summary 25/08/14 Jared Poole Design BP620/2.01 B Floor Plan – Type A 25/08/14 Jared Poole Design BP620/2.02 B Floor Plan – Type B 25/08/14 Jared Poole Design BP620/2.03 B Floor Plan – Type C 25/08/14 Jared Poole Design


48 Adopted Report


BP620/3.01 B Elevations 1 & 2 25/08/14 Jared Poole Design BP620/3.02 B Elevations 3 & 4 25/08/14 Jared Poole Design showing the following amendments:

i Privacy screening on the second storey windows on the eastern side of the development.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i Commencement of the use of the premises.







project manager and the site owner; d Works intended to be carried out; e The proposed timetable associated with the works, including

expected commencement, duration and completion date. The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.



49 Adopted Report





6 Off street facilities for car parking Off-street facilities for car parking must be designed, constructed and maintained at all times in accordance with the following: a A minimum of 2 off-street car parking spaces must be provided

for each dwelling in addition to 1 visitor space for every 2 dwellings;







visitors for the duration of any visit to the site. b Car parking spaces for visitors must have no gateways, doors

or similar devices which restrict vehicular access. c Visitor car parking spaces must be clearly identifiable through

the provision of appropriate line marking and signage. d Visitor car parking spaces must be constructed to the



8 Sight distances at access driveway exits Where a driveway is two lane, two way, clear (triangulated) sight lines must be provided and maintained measuring 2.0 m along the front property boundary on the exit side and 2.5 m into the site along the driveway as shown in Figure 3.3 of AS/NZS 2890.1:2004. Note: The width of a driveway to determine ‘two lane’ or ‘one lane’ shall be as defined in AS/NZS2890.1:2004 Parking facilities Part 1: Off-street car parking.



50 Adopted Report









11 Vehicular crossings a A vehicular crossing (driveway entry within the road reserve)

must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial, commercial and

multi unit residential. b The applicant must apply for and obtain a licence from Council

for the construction of the vehicular crossing/s. c The vehicular crossing/s must be constructed to the






13 Reconstruction of kerb and channel / footpath a Where kerb and channel / footpath is removed or damaged,

the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Via Roma to

Timing Prior to the earlier of a request for compliance


51 Adopted Report


meet the requirements of section 3.4 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.


assessment of the subdivision plan or the commencement of the use of the premises.


14 Connection to, alteration or realignment of Council infrastructure a The applicant must, in respect of any connection to, alteration

or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or private property), do the following: i Ensure that the proposed works comply with Planning







Timing Any connections, alterations or realignment must be completed prior to the commencement of the use of the premises, a request for compliance assessment of the subdivision plan or the issuing of a certificate of classification, whichever occurs first.


52 Adopted Report


AMENITY










19 Electricity supply to MCU developments and private estates a The applicant must submit to Council a copy of the ‘Certificate

of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that low-voltage electricity supply is available to the development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site). In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.


TELECOMMUNICATIONS






53 Adopted Report


ACOUSTICS

21 Acoustic report required prior to building approval An acoustic report must be submitted and approved by Council prior to Building Approval. The report shall include:

a The expected impact of noise from Via Roma on the noise sensitive development;

b Assessment of the impact of traffic noise (including external areas) against the applicable criteria, in accordance with AS2107 - Acoustics – Recommended Design Sound Levels and Reverberation Times for Building Interiors and AS3671 - Acoustics – Road Traffic Noise Intrusion – Building Siting and Construction; and




WASTE


The common wheelie bin storage point/s must be located in accordance with ‘Proposed Site Plan’ prepared by ‘Jared Poole Design’ dated 25/8/2014 (Reference No. BP620/1.05). The design and construction of the storage point must comply with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Minimum area of 1m2 per wheelie bin so as to accommodate

the required eight (6) bins; b Sufficiently screened from passing vehicle and pedestrian

traffic external to the site or inhabitants of neighbouring properties.





23 Wheelie bins – provision of grassed area for washing bins A grassed area for washing of bins must be provided in an area that is not for recreational use or pedestrian linkage. This area must be at least twice the area of the storage point, and a hosecock must be provided for cleaning.



54 Adopted Report





b The construction management plan must address all activities associated with construction (excluding noise and dust issues), including but not limited to: i Vehicle access (including responsibility for maintenance

of the defined cartage route) during hours of construction;

ii Traffic management (including loading and unloading); iii Parking of vehicles (including on site employees and

delivery vehicles); iv Maintenance of safe pedestrian movement across the

site’s frontage/s (including by people with disabilities); v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management.


construction activities; i the building site will be kept clean and tidy to maintain

public safety and amenity; and iii demand for occupation of the street and protection of

Council assets will be well managed.




Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. e Where it is proposed to interfere with a road for any building or

construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan.

f Where it is required to interfere with a road for any building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained


55 Adopted Report


from Council’s Traffic Management and Operations Branch. g Where it is required to occupy any portion of the road reserve

in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

25 Transport of soil/fill/excavated material During the transportation of soil and other fill/excavated material: a All trucks hauling soil, or fill/excavated material must have their

loads secure and covered; b Any spillage that falls from the trucks or their wheels must be

collected and removed from the site and streets along which the trucks travel, on a daily basis; and



26 Water usage The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of recycled water is encouraged, especially where other alternative sources do not exist. Where recycled water is proposed to be used: a The use of the recycled water must be in accordance with the

requirements of the Gold Coast Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water;







56 Adopted Report






HYDRAULICS

29 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the site; b No increase in flood levels external to the site; and

c No increase in duration of inundation external to the site that could cause loss or damage.





31 Stormwater management plan to be complied with a The submitted stormwater management plan titled “40 - 42 Via

Roma, Isle of Capri Stormwater Management Plan” prepared by ADG Engineers (Aust) Pty Ltd dated 3 September 2014 is approved subject to the following amendments: i The applicant/owner must install rainwater tanks and







57 Adopted Report


32 Certification that stormwater management treatment train implemented

The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.














ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or non-performing



58 Adopted Report


erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.


35 Excavation/filling requiring consideration of acid sulfate soil If the proposed development will affect soils below 5m AHD and involves either: a The excavation of 100m3 or more of soil or sediment; or b The filling of land involving 500m3 or more of material with an

average depth of 0.5m or greater, the following conditions in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with.


36 Acid sulfate soil investigation An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following:

a The presence/absence of acid sulfate soils over the entire excavation area (ie. through soil investigations);

b The degree (ie. concentration) of acid leachate generating potential of soils;

c The required soil dosage rates and quantity of lime required to mitigate acid leachate; and

d The potential impacts on surrounding environment features.

37 Preparation of acid sulfate soil management plan At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with: a The Queensland Acid Sulfate Soil Technical Manual Version

3.8 (November 2002, Dear et al); and b Conditions of this approval.

38 Compliance assessment of acid sulfate soil management plan The ASSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed pursuant to the Condition above (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate



59 Adopted Report


approving the document, in accordance with the following:

Matters or things against which the document must be assessed

State Planning Policy 2/02: Planning and Management Development Involving Acid Sulfate Soils (with Guideline for SPP 2/02); The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code; and Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils.

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Before the earlier of:

A development application for operational work; or Any works commencing on site.




40 Detailed landscape plan to be submitted for approval a The applicant must submit to Council for approval a detailed

landscape plan, by making a development application for operational work (landscape work).

b Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect or similar

landscape design professional; ii Be in general accordance with the Statement of






60 Adopted Report

ITEM 1 (CONTINUED) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR ATTACHED DWELLINGS AND MEDIUM DENSITY DETACHED DWELLINGS (4 DWELLING UNITS) - LOT 288 ON RP95029 AND LOT 289 ON RP95029 - 40-42 VIA ROMA, SURFERS PARADISE - DIVISION 7 PN48664/01/DA1 41 The required landscaping plan must also demonstrate the

following: a A minimum of three trees must be provided within the frontage

setback area which are a minimum 200 litre bag size at the time of planting;







Timing At all times

43 Frontage Fencing a Frontage fencing for this development must comply with the

design shown on the plans approved by/pursuant to, this notice; and



SEWERAGE

44 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage works

within the property; Information note: A Plumbing Plan Scrutiny fee is applicable as per Council Fees for Community Title Housing



61 Adopted Report




reticulation system at the applicant’s cost. b The size of the sewerage property service connection shall be







48 Redundant sewer property connections a Any redundant sewer property service connection within the

site or servicing the development must be sealed and capped by Gold Coast Water at the applicant’s cost.




Timing At all times


50 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all water services

within the property; and b comply with Section 7 of Council’s Land Development

Guidelines.



62 Adopted Report


Information note: Water supply plumbing works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.







54 Installation of property service, water meter box and meter The applicant must at their own cost: a Provide a property water service and water meter box at the

boundary of the development site at a strategic location as directed by Gold Coast Water, and in accordance with South East Queensland Water Supply and Sewerage Design and Construction code (SEQ D&C Code), unless otherwise approved by Council.









63 Adopted Report









Timing At all times



B Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource




64 Adopted Report










65 Adopted Report



CARRIED Cr Bell requested his vote be recorded in the negative. CHANGED AT COUNCIL 28 NOVEMBER 2014 RESOLUTION G14.1128.011 Moved Cr Bell Seconded Cr Robbins That Committee Recommendation CP14.1126.001 be not adopted, but in lieu thereof the officer’s recommendation be adopted with the deletion of dwelling unit 4 such that it reads as follows: Real property description Lot 288 on RP95029 , Lot 289 on RP95029 Address of property 42 Via Roma Surfers Paradise Area of property 1330m² Decision type Development Permit for Material Change of Use







66 Adopted Report


NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Attached Dwellings and Medium Density Detached Dwellings (3 Dwelling Units), subject to the following conditions:

APPROVED DRAWINGS


Plan No. Rev. Title Date Prepared by BP620/1.05 B Proposed Site Plan 25/08/14 Jared Poole Design BP620/1.06 B Space Plans 25/08/14 Jared Poole Design BP620/1.07 B GFA/POS Area Summary 25/08/14 Jared Poole Design BP620/2.01 B Floor Plan – Type A 25/08/14 Jared Poole Design BP620/2.02 B Floor Plan – Type B 25/08/14 Jared Poole Design BP620/2.03 B Floor Plan – Type C 25/08/14 Jared Poole Design BP620/3.01 B Elevations 1 & 2 25/08/14 Jared Poole Design BP620/3.02 B Elevations 3 & 4 25/08/14 Jared Poole Design

showing the following amendments: i The proposed Attached Dwelling development is to be reduced from

four (4) dwelling units to three (3) dwelling units. ii Privacy screening on the second storey windows on the eastern side

of the development. iii Setback Dwelling Unit 01 6 metres from the front boundary.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i Commencement of the use of the premises.




3 Decision notice and approved plans/drawings to be retained on site A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped



67 Adopted Report


decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.


project manager and the site owner; d Works intended to be carried out; e The proposed timetable associated with the works,

including expected commencement, duration and completion date.

The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.





6 Off street facilities for car parking Off-street facilities for car parking must be designed, constructed and maintained at all times in accordance with the following: a A minimum of 2 off-street car parking spaces must be

provided for each dwelling in addition to 1 visitor space for every 2 dwellings;




e Where a conflict occurs between the conditions of this



68 Adopted Report


approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence.


visitors for the duration of any visit to the site. b Car parking spaces for visitors must have no gateways,

doors or similar devices which restrict vehicular access. c Visitor car parking spaces must be clearly identifiable

through the provision of appropriate line marking and signage.

d Visitor car parking spaces must be constructed to the satisfaction of the Chief Executive Officer.


8 Sight distances at access driveway exits

Where a driveway is two lane, two way, clear (triangulated) sight lines must be provided and maintained measuring 2.0 m along the front property boundary on the exit side and 2.5 m into the site along the driveway as shown in Figure 3.3 of AS/NZS 2890.1:2004. Note: The width of a driveway to determine ‘two lane’ or ‘one lane’ shall be as defined in AS/NZS2890.1:2004 Parking facilities Part 1: Off-street car parking.









69 Adopted Report



11 Vehicular crossings a A vehicular crossing (driveway entry within the road

reserve) must be designed and constructed by the applicant (at no cost to Council) in accordance with the following Council Standard Drawing/s for vehicular crossings as applicable: i 05-02-301 Vehicular crossing industrial, commercial

and multi unit residential. b The applicant must apply for and obtain a licence from

Council for the construction of the vehicular crossing/s. c The vehicular crossing/s must be constructed to the






13 Reconstruction of kerb and channel / footpath a Where kerb and channel / footpath is removed or

damaged, the applicant must reconstruct the kerb and channel / footpath for the full frontage/s of the development site at Via Roma to meet the requirements of section 3.4 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.


Timing Prior to the earlier of a request for compliance assessment of the subdivision plan or the commencement of the use of the premises.


14 Connection to, alteration or realignment of Council infrastructure a The applicant must, in respect of any connection to,

alteration or realignment of Council infrastructure, regardless of its location (i.e. within road/park reserve or

Timing Any connections, alterations or realignment


70 Adopted Report


private property), do the following: i Ensure that the proposed works comply with Planning







must be completed prior to the commencement of the use of the premises, a request for compliance assessment of the subdivision plan or the issuing of a certificate of classification, whichever occurs first.

AMENITY








71 Adopted Report





19 Electricity supply to MCU developments and private estates a The applicant must submit to Council a copy of the

‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that low-voltage electricity supply is available to the development site and all proposed lots / dwellings within the site (i.e. sufficient for the ultimate use of the site). In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.


TELECOMMUNICATIONS





ACOUSTICS

21 Acoustic report required prior to building approval An acoustic report must be submitted and approved by Council prior to Building Approval. The report shall include: a The expected impact of noise from Via Roma on the noise

sensitive development; b Assessment of the impact of traffic noise (including

external areas) against the applicable criteria, in accordance with AS2107 - Acoustics – Recommended Design Sound Levels and Reverberation Times for Building Interiors and AS3671 - Acoustics – Road Traffic Noise Intrusion – Building Siting and Construction; and





72 Adopted Report


WASTE


The common wheelie bin storage point/s must be located in accordance with ‘Proposed Site Plan’ prepared by ‘Jared Poole Design’ dated 25/8/2014 (Reference No. BP620/1.05). The design and construction of the storage point must comply with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Minimum area of 1m2 per wheelie bin so as to

accommodate the required eight (6) bins; b Sufficiently screened from passing vehicle and pedestrian

traffic external to the site or inhabitants of neighbouring properties.





23 Wheelie bins – provision of grassed area for washing bins A grassed area for washing of bins must be provided in an area that is not for recreational use or pedestrian linkage. This area must be at least twice the area of the storage point, and a hose-cock must be provided for cleaning





b The construction management plan must address all activities associated with construction (excluding noise and dust issues), including but not limited to: i Vehicle access (including responsibility for

maintenance of the defined cartage route) during hours of construction;

ii Traffic management (including loading and unloading);

iii Parking of vehicles (including on site employees and delivery vehicles);

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. The approved construction management plan must be complied with and kept on-site at all times


73 Adopted Report


iv Maintenance of safe pedestrian movement across the site’s frontage/s (including by people with disabilities);

v Building waste / refuse disposal; vi Presentation of hoarding to the street; vii Tree management.


construction activities; ii the building site will be kept clean and tidy to

maintain public safety and amenity; and iii demand for occupation of the street and protection

of Council assets will be well managed. d The approved construction management plan must be

complied with and kept on-site at all times.

during construction works.

Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. e Where it is proposed to interfere with a road for any

building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan.



25 Transport of soil/fill/excavated material During the transportation of soil and other fill/excavated material: a All trucks hauling soil, or fill/excavated material must have

their loads secure and covered; b Any spillage that falls from the trucks or their wheels must



74 Adopted Report


be collected and removed from the site and streets along which the trucks travel, on a daily basis; and


26 Water usage The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of recycled water is encouraged, especially where other alternative sources do not exist. Where recycled water is proposed to be used: a The use of the recycled water must be in accordance with

the requirements of the Gold Coast Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water;









75 Adopted Report




HYDRAULICS

29 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the site

that could cause loss or damage.





31 Stormwater management plan to be complied with a The submitted stormwater management plan titled “40 - 42

Via Roma, Isle of Capri Stormwater Management Plan” prepared by ADG Engineers (Aust) Pty Ltd dated 3 September 2014 is approved subject to the following amendments: i The applicant/owner must install rainwater tanks and






32 Certification that stormwater management treatment train implemented The applicant must provide to Council certification from a Registered Professional Engineer Queensland (RPEQ)



76 Adopted Report


specialising in stormwater that the stormwater management treatment train in the approved stormwater management plan and associated design drawings has been installed on-site and is functioning as designed.













ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must rectify any damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.



77 Adopted Report



35 Excavation/filling requiring consideration of acid sulfate soil If the proposed development will affect soils below 5m AHD and involves either: a The excavation of 100m3 or more of soil or sediment; or

The filling of land involving 500m3 or more of material with an average depth of 0.5m or greater, the following conditions in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with.


36 Acid sulfate soil investigation An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following: a The presence/absence of acid sulfate soils over the entire

excavation area (ie. through soil investigations); b The degree (ie. concentration) of acid leachate generating

potential of soils; c The required soil dosage rates and quantity of lime

required to mitigate acid leachate; and d The potential impacts on surrounding environment

features. 37 Preparation of acid sulfate soil management plan

At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with: a The Queensland Acid Sulfate Soil Technical Manual

Version 3.8 (November 2002, Dear et al); and b Conditions of this approval.


38 Compliance assessment of acid sulfate soil management plan The ASSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed pursuant to the Condition above (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following:


78 Adopted Report


Matters or things against which the document must be assessed

State Planning Policy 2/02: Planning and Management Development Involving Acid Sulfate Soils (with Guideline for SPP 2/02); The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code; and Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils.






40 Detailed landscape plan to be submitted for approval a The applicant must submit to Council for approval a

detailed landscape plan, by making a development application for operational work (landscape work).

b Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i Be prepared by a qualified landscape architect or

similar landscape design professional; ii Be in general accordance with the Statement of






79 Adopted Report


41 The required landscaping plan must also demonstrate the following: a A minimum of three trees must be provided within the

frontage setback area which are a minimum 200 litre bag size at the time of planting;







Timing At all times

43 Frontage Fencing a Frontage fencing for this development must comply with

the design shown on the plans approved by/pursuant to, this notice; and



SEWERAGE

44 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage



80 Adopted Report


works within the property; Information note: A Plumbing Plan Scrutiny fee is applicable as per Council Fees for Community Title Housing



reticulation system at the applicant’s cost. The size of the sewerage property service connection shall be 150mm in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).






48 Redundant sewer property connections a Any redundant sewer property service connection within

the site or servicing the development must be sealed and capped by Gold Coast Water at the applicant’s cost.




Timing At all times


50 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must



81 Adopted Report


comply, the application must: a be accompanied by a hydraulic design for all water

services within the property; and b comply with Section 7 of Council’s Land Development








54 Installation of property service, water meter box and meter The applicant must at their own cost: a Provide a property water service and water meter box at

the boundary of the development site at a strategic location as directed by Gold Coast Water, and in accordance with South East Queensland Water Supply and Sewerage Design and Construction code (SEQ D&C Code), unless otherwise approved by Council.







82 Adopted Report











Timing At all times



B Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate


83 Adopted Report


tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource









84 Adopted Report





CARRIED BY SUPER MAJORITY


85 Adopted Report

GCCC Maps

0 74 148 m

ProjectionMGA94, Zone 56

Disclaimer: Gold Coast City Council, Queensland 2013 or The State of Queensland 2013. No Warranty given in relation to the data (including accuracy, reliability, completeness or suitability)and no liability accepted (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not beused for direct marketing or be used in breach of the privacy laws.


86 Adopted Report

Attachment 1.1

INFRASTRUCTURE CHARGE NOTICE

DORDOGNE INVESTMENTS PTY LTDC/- GEYER TOWN PLANNING 8 AZZURRA DRIVEVARSITY LAKES QLD 4227

DORDOGNE INVESTMENTS PTY LTD42 THE PROMENADESURFERS PARADISE QLD 4217

Land to which charges apply

LOT 288 - 289 RP9502942 VIA ROMA SURFERS PARADISE

TOTAL LEVIED CHARGES PAYABLE $28,000.00

Due date forpayment Total payable prior to the earliest of the following events: when the change

happens or final plumbing inspection being undertaken.

Payment details

Council of the City of Gold Coast

PO Box 5042, Gold Coast MC, Qld 9729

Adjustments to charge

Offsets

Failure to pay charge

Authority for charge

Sustainable Planning Act 2009.

GSTSustainable Planning Act

2009


87 Adopted Report

Attachment 1.2 (Page 1 of 5 pages)

EnquiriesPh: (07) 5582 9030


88 Adopted Report

INFRASTRUCTURE CHARGE NOTICE

PN48664/01/DA142 VIA ROMA, SURFERS PARADISE201400909 MCUATTACHED DWELLINGS X 3Tarryn Dreyer

Infrastructure Charge Calculation Charge Calculation

Qty Rate Gross Charge Amount Attached Dwelling (3 Bedroom) 3 Dwellings @ $28,000.00 $84,000.00 $84,000.00

Net Charge Summary Gross Charge Amount Applied Credit Amount Net Charge Amount

$84,000.00 $56,000.00 $28,000.00

Office Use Only $15,540.00 OTHINF $9,408.00 SEWINF $3,052.00 WTRINF

$28,000.00


89 Adopted Report

INFORMATION NOTICE DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE

SUSTAINABLE PLANNING ACT 2009APPEAL RIGHTS FOR INFRASTRUCTURE CHARGES NOTICE

478 Appeals about infrastructure charges notices


90 Adopted Report

SUSTAINABLE PLANNING ACT 2009APPEAL RIGHTS TO A BUILDING AND DEVELOPMENT COMMITTEE FOR INFRASTRUCTURE CHARGES NOTICE

535 Appeals about infrastructure charges decisions


91 Adopted Report

GSPublisherEngine 0.80.100.38

PROJECT

AT

FOR

PROPOSED NEW DEVELOPMENT

No. 40 & 42 VIA ROMA, SURFERS PARADISE, QLD.

DORDOGNE INVESTMENTS PTY LITD

PERSPECTIVE VIEW S C A L E @ A 1

ISSUE

DRAWING -

DRAWING No.

PERSPECTIVE VIEW

BP620/1.03 B

JAREDPOOLEDESIGNLEVEL 1 33 ELKHORN AVENUE, SURFERS PARADISE, Q. 4217 AUSTRALIAPO BOX 42, ISLE OF CAPRI, Q. 4217 AUSTRALIATEL 07 5527 5300 EMAIL [email protected] WEB JPD.COM.AU• THIS DRAWING HAS BEEN PRODUCED BASED ON INFORMATION SUPPLIED BY OTHERS. WHILE ALL ATTEMPTS HAVEBEEN MADE TO ENSURE THE ACCURACY OF THE DRAWING JARED POOLE. DESIGN WILL NOT BE HELD RESPONSIBLEFOR THE ACCURACY OF THE INFORMATION PROVIDED.• THE WORKS DESCRIBED ON THIS AND ACCOMPANYING DRAWINGS ASSOCIATED WITH THIS PROJECT PRODUCED BYJARED POOLE. DESIGN ARE COVERED BY COPYRIGHT. THE WORKS DESCRIBED ARE APPLICABLE TO THE PROJECT SITEONLY AND MUST NOT BE USED FOR ANY OTHER PURPOSE. WORKS CANNOT BE COPIED OR REPRODUCED BY ANY MEANSWITHOUT WRITTEN PERMISSION OF JARED POOLE. DESIGN.

ISSUE DATE DESCRIPTIONA 13.08.14 PRELIMINARY SITING ISSUEDB 25.08.14 ISSUED FOR APPROVAL

NTS


92 Adopted Report



ATTACHMENT 1.3 (Page 1 of 8 pages)


PROJECT

AT

FOR




PROPOSED SITE PLAN S C A L E 1:100 @ A 1

ISSUE

DRAWING -

DRAWING No.

PROPOSED SITE PLAN

BP620/1.05 B



5,2644,2

24

2,104

1,509

7,4008,5

00

5,725

6,765

6,925

6,000

1,564

6,000

2,195

6,000

1,340

6,000

3,000 2,600 2,900

5,400

6,000

5,400

6,000

3,000 3,200

600

1,564

600

600

023.01

013.01

033.02

043.02

OUTDOORENTERTAINING

BIN STORE

GATE HOUSE

LETTERBOXES

TYPE A

TYPE B TYPE B TYPE C

DRIVEWAY

LANDSCAPING

LANDSCAPING

LANDSCAPING

VI

A

R

OM

A

ARBOUR

AUTO GATE

LANDSCAPING

LANDSCAPING TURNAROUNDBAY

VISITORPARKING

VISITORPARKING

TO G

ROUN

D FL

OOR

ROOF

TO FI

RST F

LOOR

ROO

F

TO FI

RST F

LOOR

WAL

L

TO FIRST FLOOR ROOF

TO GROUND FLOOR ROOF

OUTDOORENTERTAINING

OUTDOORENTERTAININGOUTDOOR

ENTERTAINING

GATE

TO G

ROUN

D FL

OOR

WAL

L

TO FI

RST F

LOOR

WAL

L

TO GROUND FLOOR PIER

TO FIRST FLOOR ROOF

TO FIRST FLOOR WALL

TO GROUND FLOOR WALL

TO G

ROUN

D FL

OOR

WAL

L

UNIT 01

UNIT 02 UNIT 03 UNIT 04

FRONT FENCE SETBACK FROM FORNT BOUNDARY

LANDSCAPED BUFFER

1800mm HIGH LAPPED TIMBER PALING FENCE

COURTYARD

NEW CROSSOVER TO GCCC REQUIREMENTS

PAVING TYPE 1

PAVING TYPE 2

PAVING TYPE 1

FOOTPATH

FOOTPATH

LOT 288RP95029

LOT 289RP95029

LOT 287RP95029

LOT 290RP95029

LOT 300RP95029

LOT 301RP95029

LOT 311RP95029

LOT 310RP95029

44.164m 147º07'55"

44.164m 147º07'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

SIGHT TRIANGLE - KEEP CLEAR OF OBSTRUCTIONS,REFER TRAFFIC ENGINEERS DETAILS

GATE

PAVINGTYPE 2

ABOVE GROUND RAINWATER TANK (3.3m Ø x 2.0m HIGH)REFER ENVIRONMENT AND CIVIL ENGINEERS DETAILS.

10m2 OF BIO-RETENTION PLANTER BOX (1m HIGH)REFER ENVIRONMENT AND CIVIL ENGINEERS DETAILS.

PLANTER BOX

TANK SETBACK

TANK

SET

BACK

3.50

3.75

4.00

3.25

4.25

EXISTING STREET SIGN TO BE RELOCATED

FFL 4.000

FFL 4.000

FFL 4.000 FFL 4.000

LEGEND:

BIN STORE

CARPARK SPACE

PAVING TYPE 1 TYPE 2

COMMON PROPERTYLANDSCAPING

UNIT TYPE A

UNIT TYPE B

UNIT TYPE C

NORTH

S C A L E 1:200 @ A 3


93 Adopted Report


PROJECT

AT

FOR




SPACE PLANS S C A L E 1:200 @ A 1

ISSUE

DRAWING -

DRAWING No.

SPACE PLANS

BP620/1.06 B



44.164m 147º07'55"

44.164m 147º07'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

44.164m 147º07'55"

44.164m 147º07'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

44.164m 147º07'55"

44.164m 147º07'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

14.58

7m

57º0

7'55"

TOTAL SITE AREA: 1330 m2 TOTAL LANDSCAPE AREA: 327 m2 25% OF SITE AREA

COMMON PROPERTY LANDSCAPED AREA: 125 m2 9% OF SITE AREACOMMON PROPERTY AREA: 466 m2 35% OF SITE AREA

NORTH

S C A L E 1:400 @ A 3


94 Adopted Report


PROJECT

AT

FOR




GFA/POS AREA SUMMARY S C A L E 1:200 @ A 1

ISSUE

DRAWING -

DRAWING No.

GFA/POS AREA SUMMARY

BP620/1.07 B



95.33 m2

87.40 m2 87.40 m2 103.43 m2

104.45 m240.65 m240.71 m2

107.95 m2

103.56 m2 107.91 m2103.54 m2104.15 m2

LEGEND:

PRIVATE OPEN SPACE

GROSS FLOOR AREA

GROUND FLOORTOTAL GROUND GROSS FLOOR AREA : 373 m2

FIRST FLOORTOTAL FIRST GROSS FLOOR AREA : 418 m2

NORTH

S C A L E 1:400 @ A 3


95 Adopted Report


PROJECT

AT

FOR




FLOOR PLAN - TYPE A S C A L E 1:50 @ A 1

ISSUE

DRAWING -

DRAWING No.

FLOOR PLAN - TYPE A

BP620/2.01 B



UP

STORE

GARAGE5.8 x 5.8

ENTRY

DINING4.1 x 3.0m

KITCHEN

FAMILY4.6 x 4.6m

BUTLERSPANTRY

BEDROOM 43.2 x 3.3m

LAUNDRY

P'DER

STORE BR

OUTDOORENTERTAINING

UP

VOID

RETREAT2.6 x 3.8m

MASTERBEDROOM

4.0 x 4.7m

BALCONY

BATHROOM

LINEN

BEDROOM 23.4 x 3.4m

BEDROOM 33.5 x 3.0m

W.I.R.

BEDROOM 2

W.I.RENSUITE

SLIDINGSHUTTERS

DEVELOPMENT SUMMARYUNIT TYPE A:

GROUND FLOOR LIVING 102 m2

GARAGE 42 m2

OUTDOOR ENTERTAINING 19 m2

PORCH 4 m2

1ST FLOOR LIVING 109 m2

VOID 10 m2

TOTAL 286 m2

GROUND FLOOR PLAN FIRST FLOOR PLAN

S C A L E 1:100 @ A 3


96 Adopted Report


PROJECT

AT

FOR




FLOOR PLAN - TYPE B S C A L E 1:50 @ A 1

ISSUE

DRAWING -

DRAWING No.

FLOOR PLAN - TYPE B

BP620/2.02 B



STORE

BEDROOM 43.2 x 3.3m

LAUNDRY

P'DER

LAUNDRY

BR

ENTRY

GARAGE5.8 x 5.8

UP

KITCHEN

DINING3.4 x 3.0m

FAMILY4.3 x 4.3m

BR

MPR3.2 x 3.2m

P'DER

BUTLERSPANTRY

OUTDOORENTERTAINING

UP

BATHROOM

LINEN

W.I.R.

MASTERBEDROOM

4.3 x 4.3m

W.I.R.3.2 x 3.9m

BEDROOM 23.7 x 3.1m

BEDROOM 33.7 x 3.1m

VOID

LINEN

RETREAT4.1 x 2.8m

BEDROOM 23.1 x 3.2m

W.I.R

BATH

ENSUITE

SCREENS SCREENS SCREENSGROUND FLOOR LIVING 92 m2

GARAGE 40 m2


PORCH 2 m2


VOID 12 m2

TOTAL 269 m2

DEVELOPMENT SUMMARYUNIT TYPE B:


S C A L E 1:100 @ A 3


97 Adopted Report


PROJECT

AT

FOR




FLOOR PLAN - TYPE C S C A L E 1:50 @ A 1

ISSUE

DRAWING -

DRAWING No.

FLOOR PLAN - TYPE C

BP620/2.03 B



STUDY2.8 x 4.0m

ENTRY

GARAGE5.8 x 5.8

KITCHEN

INING4 x 3.0m

LAUNDRY

UP

KITCHEN

DINING3.4 x 3.0m

FAMILY4.3 x 4.3m

BUTLERSPANTRY

MPR3.2 x 3.2m

BR

P'DER

OUTDOORENTERTAINING

MPR x 2.5m

DROOM 43.0 x 3.1m

UP

MASTERBEDROOM

4.5 x 4.5m

BEDROOM 23.7 x 3.1m

BEDROOM 33.7 x 3.1m

VOID

LINEN

RETREAT4.3 x 2.8m

BATHROOM

W.I.R.

ENSUITE

SCREENS SCREENS

SCREENS

GROUND FLOOR LIVING 110 m2

GARAGE 40 m2


PORCH 2 m2


VOID 12 m2

TOTAL 290 m2

DEVELOPMENT SUMMARYUNIT TYPE C:


S C A L E 1:100 @ A 3


98 Adopted Report


PROJECT

AT

FOR




ELEVATIONS S C A L E 1:100 @ A 1

ISSUE

DRAWING -

DRAWING No.

ELEVATIONS

BP620/3.01 B



RL 11.670

F.L. 4.000

F.L. 7.140

C.L. 9.860

RL 11.010

2,720

420

2,720

C.L.

FRON

T BOU

NDAR

Y

REAR

BOU

NDAR

Y

RENDERED FRONT FENCE WITH FEATURE LOUVRE GATE

PANEL LIFT GARAGE DOOR

ALUMINIUM VERTICAL LOUVRE SCREENS,POWDER COAT FINISH

RENDERED EXTERNAL WALL WITH TEXTURE COAT FINISH

VERTICAL CLADDING WITH PAINT FINISH RENDERED FEATURE BLADES WALL WITH TEXTURE COAT FINISH

FASCIA BOARD AND CAPPINGCOLORBOND TIRMS

NOTE: INDICATIVE LANDSCAPING SHOWN

FEATURE STONE CLADDING

NOTE: 1800mm HIGH BOUNDARY FENCE AND ENTRY ARBOUR NOT SHOWN FOR CLARITY

V I A R O M A

RAINWATER TANK TO DETAIL

DASHED LINE OF NATURAL GROUND

8.5m LINE ABOVE NATURAL GROUND LINE

F.L. 4.000

F.L. 7.140

C.L. 9.860

RL 11.670

2,720

420

2,720

5.00°

C.L.

RENDERED FRONT FENCE WITH FEATURE LOUVRE GATE

ALUMINIUM VERTICAL LOUVRE SCREENS, POWDER COAT FINISH

VERTICAL CLADDING WITH PAINT FINISHFC WITH PAINT FINSH AND METAL ANGLE JOINTS

NOTE: INDICATIVE LANDSCAPING SHOWN

FC CLADDING WITH TEXTURE COAT FINISH

EXTERNAL FOAM BOARD CLADDING, TEXTURE COAT FINISH

CAR COURT

ALUMINIUM LOUVRE AUTO GATE SET BACK FROM FRONT BOUNDARY, POWDER COAT FINISH

STEEL ARBOUR HOT DIPPED GLAV. WITH PAINT FINISH

LETTERBOX AND RENDERED WALL

SIDE

BOU

NDAR

Y

SIDE

BOU

NDAR

Y

FEATURE STONE CLADDING

8.5m LINE ABOVE NATURAL GROUND LINE

ELEVATION 02 (WESTERN BOUNDARY ELEVATION)

ELEVATION 01 (VIA ROMA STREET ELEVATION)

S C A L E 1:200 @ A 3


99 Adopted Report

ITEM 2 CITY DEVELOPMENT BRANCH MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4

Refer 14 page attachment 1 OVERVIEW

Site address Christine Avenue, Varsity Lakes Application description

Material Change of Use (Impact Assessment) for Apartments (320 Dwellings)

Decision due date 8 December 2014

Proposal

The proposal seeks approval for Apartments over the subject site within a development containing three residential buildings of varying heights. A total of 320 units are proposed throughout the development across the three buildings with a combine total of 614 bedrooms. These dwellings are provided in a mix of one (1), two (2) and three (3) bedroom units providing a gross density across the site of one (1) dwelling per 92m² of site area (107 dwellings per hectare) or one (1) bedroom per 48m² of site area.

Buildings A and B are a curved design fronting Lake Orr and both feature a maximum height of nine (9) storeys. Building C is positioned towards Christine Avenue and features a variation in building height with a maximum of six (6) storeys internally within the site before transitioning down to three (3) storeys presenting to Christine Avenue.

Vehicle access to the site will be provided via the stub road from the existing roundabout located at the frontage of the site. An internal road will be provided within the subject site which provides access to each building and their basement levels. A total of 465 car parking spaces are provided throughout the development with 42 of these spaces designated for visitor parking.


Issue Resolution Building Height Acceptable Outcome Achieved –

Proposed building height is considered to be generally consistent with the envisaged character for the site as approved through the Varsity Lakes Concept Plan and subsequent Precinct Concept Plans. The additional building height on site is not considered to result in a significant visual impact due to the design of the development. Furthermore, the additional height is not considered to result in undue amenity impacts to residential dwellings in the locality.


100 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Issue Resolution


Density Acceptable Outcome Achieved – The proposed density is considered suitable having regard to the intent for the precinct to provide a medium to high density for the site. Furthermore, the proposed density is considered to be adequately accommodated for on-site having infrastructure capacity and an excess of car parking.

Communal Open Space Acceptable Outcome Achieved – Communal open space provided is considered to be adequate for the needs of the development due to the quality, design and embellishments within this space.

Submissions

Objections Support 2 properly made objections

Not Applicable

Key issues raised by submitters Building Height, Pedestrian Connectivity, Traffic and Car Parking

Referral agencies Department of State Development, Infrastructure and Planning Officer's recommendation Approval

REPORT STRUCTURE

1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT

6.1 Characteristics of site 6.2 Characteristics of surrounding environment

7 PLANNING ASSESSMENT 7.1 Assessment against draft City Plan 2015 7.2 Assessment against Gold Coast Planning Scheme 2003

8 STATE PLANNING POLICIES Not Applicable 9 STATE PLANNING REGULATORY PROVISIONS Not Applicable


101 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 10 SOUTH EAST QUEENSLAND REGIONAL PLAN 11 INTERNAL REFERRALS

11.1 Health and Regulatory Services Applicable 11.2 City Transport Applicable 11.3 Subdivision Engineering Applicable 11.4 Open Space Assessment Applicable 11.5 Architect Applicable 11.6 Gold Coast Water Applicable 11.7 Engineering Services Applicable 11.8 Plumbing and Drainage Applicable 11.9 Environmental Assessment Applicable 11.10 Operational Works Not Applicable 11.11 Hydraulics and Water Quality Applicable 11.12 QLD Fire Rescue Applicable 11.13 Arborist Not Applicable 11.14 Landscape Assessment Applicable 11.15 Beaches and Water Not Applicable 11.16 Geotechnical Engineering Applicable 11.17 Social Planning Applicable 11.18 Other Sections of Council Not Applicable

12 EXTERNAL REFERRALS 12.1 Concurrence agencies Applicable 12.2 Advice agencies Not Applicable

13 ADOPTED CHARGE CALCULATIONS 14 ADVERTISING 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION


102 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 2 EXECUTIVE SUMMARY Council is in receipt of an application seeking a Development Permit for a Material Change of Use for Apartments on the subject site located at Christine Avenue, Varsity Lakes or otherwise described as Lot 130 on SP206406. The subject site is located in an area contained within the Varsity Lakes Concept Plan 5 and is located within two (2) approved Precinct Concept Plans being the South Bank West and Southern Area Precinct A1 Precinct Concept Plans. Pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003, the subject site is located within the Emerging Communities Domain. In accordance with the table of development for the Emerging Communities Domain, development consistent with the Varsity Lakes Concept Plan triggers Code Assessment. However as the proposed development exceeds the building height and density provisions of the concept plan, the proposed development is subject to Impact Assessment.

The proposal seeks approval for Apartments over the subject site within a development containing three residential buildings of varying heights. A total of 320 units are proposed throughout the development across the three buildings with a combine total of 614 bedrooms. These dwellings are provided in a mix of one (1), two (2) and three (3) bedroom units providing a gross density across the site of one (1) dwelling per 92m² of site area (107 dwellings per hectare) or one (1) bedroom per 48m² of site area.

Three residential buildings plus one recreational building are proposed across the site. Buildings A and B are a curved design fronting Lake Orr and both feature a maximum height of nine (9) storeys. Building C is positioned towards Christine Avenue and features a variation in building height with a maximum of six (6) storeys internally within the site before transitioning down to three (3) storeys presenting to Christine Avenue.

Vehicle access to the site will be provided via the stub road from the existing roundabout located at the frontage of the site. An internal road will be provided within the subject site which provides access to each building and their basement levels. A total of 465 car parking spaces are provided throughout the development with 42 of these spaces designated for visitor parking.

An assessment of the proposal has determined that the proposed development does not strictly satisfy the development criteria of the South Bank West and Southern Area Precinct A1 Precinct Concept Plans and therefore a merits based assessment is required against the desired outcomes of the Planning Scheme. Such assessment has determined that the proposed height is generally consistent with the scale of development planned for the site as reflected within the approved Precinct Concept Plans. The additional height proposed for the site is not considered to result in a significant visual impact, with the proposal considered to be of a suitable design and of a scale that is not significantly greater to that permitted for the site. Furthermore, the additional building height proposed does not result in additional amenity impacts to neighbouring development with the positioning of the site benefitting from separation to adjoining residential development. When considered against the relevant Desired Environmental Outcomes of the Planning Scheme, the proposed development is considered to be consistent with the DEO’s and would not compromise their achievement.

In response to public advertising, two (2) submissions were received. The main points of objection relate to building height, pedestrian connectivity, traffic and parking. The submitters’ concerns have been addressed in this report and suitable conditions have been included in the officer’s recommendation to address such concerns where appropriate. Furthermore, the concerns raised do not warrant the refusal of the application.


103 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 It is therefore considered that the proposed development represents an acceptable outcome for the local area and therefore is recommended for approval, subject to reasonable and relevant conditions. 3 APPLICATION INFORMATION Real property description Lot 130 on SP206406 Applicant Clo Developments Pty Ltd Acn 131406347 As Trustee Owner at time of lodgement Clo Developments Pty Ltd Current owner Clo Developments Pty Ltd Site area 29,710m² Date application received 6 June 2014 Date entered decision 12 September 2014 Domain Emerging Communities LAP & precinct Varsity Lakes Concept Plan – South Bank West and

Southern Area Precinct A1 Precinct Concept Plan Draft City Plan 2015 Medium Density Residential Decision type Development Permit for a Material Change of Use for

Apartments (320 dwellings)

4 BACKGROUND

Delfin Lend Lease is the Master Developer (on behalf of landowner Sarv Pty Ltd) of the Varsity Lakes Project Area, comprising approximately 343 hectares of land area extending from Cottesloe Drive in the north to Reedy Creek Road in the south. The Sarv land includes Lake Orr and is adjacent to Bond University. The Varsity Lakes Project commenced in 1999. The land north of Lake Orr adjacent to Bond University and some of the land between Christine Avenue and the Lake (including the subject site) was rezoned to Special Facilities under the Superseded Planning Scheme and under a rezoning agreement, a master planning framework was established which required Council approval of Concept Plans, to guide development in this area.

Under the above regime, all uses listed in Concept Plan 4A as ‘lawful’ were effectively as-of-right, however, input/appraisal of proposed building form and design was provided by way of an agreement with Council. Under this ‘process’, Delfin Lend Lease (DLL) worked closely with Council’s Special Planning Projects (SPP) Division through the design phase of each proposal and the final Development Application would be submitted to SPP for approval.

This process was followed up until 6 June 2005 (expiry date of the Superseded Planning Scheme) and has successfully guided the urban form of Varsity Central up until this date. The reference to Varsity Lakes Concept Plan 4A in the code assessable column of the Table of Development under the Emerging Communities Place Code, preserves land use rights continuing on the subject land.

The Planning & Environment Court of Queensland decision by Judge D.C.J. Rackemann delivered on 30 January 2006 recognised the validity and lawful inclusion of Varsity Lakes Concept Plan 4A (CP4A) within the Emerging Communities Domain Place Code of Gold Coast Planning Scheme.


104 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4

Section A: Material Change of Use; (Code Assessable column) of the Emerging Communities Domain Table of Development, states:

‘Any use consistent with Varsity Lakes Concept Plan 4A dated April 2003’

As a result of the declaratory proceedings, the provisions of Varsity Lakes Concept Plan 4A (CP4A) and the subsequent Precinct Concept Plan (PCP) approved under the Master Planning Process prescribed in CP4A became the principle codes upon which development in this area is assessed against. Pursuant to the Varsity Lakes CP4A, the subject site is within the Residential and Mixed Use Predominant Land Use Area.

In 2007, Council’s Major Assessment Section issued the Precinct Concept Plan approval for the South Bank West Precinct and Southern Area Precinct A1, thus becoming the assessment criteria for all future development over the subject land.

With the commencement of the ‘Our Living City’ Gold Coast Planning Scheme 2003 version 1.2, the Emerging Communities Domain makes reference to the Varsity Lakes Concept Plan 5. As such, Varsity Lakes Concept Plan 5 becomes the principle codes upon which this application is assessed against. In accordance with Concept Plan 5, the subject site remains within the Residential Predominant Land Use Area. Site Approvals

On the 6 January 2009, Council under delegated authority approved the issue of a development permit for Reconfiguration a Lot for a 6 Lot Community Title Subdivision, Common Property and Park as well as a Site Development Plan. The Site Development Plan envisaged the future establishment of Attached Dwellings and Apartments over the newly created allotments (reference PN300377/02/DA1). The 6 Lots, Common Property and Park have not been created.

On 10 December 2010, Council resolved to approved the issue of a development permit for an Apartment Building over the northern portion of the subject site. The approved development features eight (8) storeys with a total of 74 dwelling units. Subsequent to Council’s approval, a Negotiated Decision Notice was issued on 20 April 2011 following the applicant’s request to negotiate two (2) conditions of the development approval.

On 22 November 2010 Council resolved to approve a Development Permit for a Material Change of Use for a Medical Centre and Shop (Chemist) on the southern portion of the subject site. On 12 April 2011 a Negotiated Decision Notice was issued to the applicant after a request to negotiate three (3) conditions of Council’s Decision Notice. Following Council’s Decision on the subject application, a submitter appeal was lodged to the Planning and Environment Court in May 2011 seeking that Council’s decision be overturned. On 4 June 2012, the court ordered that the appeal be allowed and that the application for a Material Change of Use for a Medical Centre and Shop (Chemist) be refused.

Prelodgement Meetings

Prior to the submission of the proposed development application, a series of meetings were held between the applicant and Council officers regarding the proposed development of the subject site. Initial schemes included a building height of up to 11 storeys in height with a greater site coverage and building bulk on site. The proposed application represents a reduction in scale and intensity compared to initial schemes proposed by the applicant.


105 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 5 PROPOSAL The proposal seeks approval for Apartments over the subject site within a development containing three residential buildings of varying heights. A total of 320 units are proposed throughout the development across the three buildings with a combine total of 614 bedrooms. These dwellings are provided in a mix of one (1), two (2) and three (3) bedroom units providing a gross density across the site of one (1) dwelling per 92m² of site area or one (1) bedroom per 48m² of site area. Three residential buildings plus one recreational building is proposed across the site. Buildings A and B are a fish-hook design fronting Lake Orr and both feature a maximum height of nine (9) storeys. Building C is positioned towards Christine Avenue and features a variation in building height with a maximum of six (6) storeys internally within the site before transitioning down to three (3) storeys presenting to Christine Avenue.

Building Layout

Building A

Building A is the largest and most northern building on site positioned to front Lake Orr. Building A includes 2 building wings with the main building wing featuring a ‘fish-hook’ design and provides an aspect over Lake Orr. The second of the building wings is situated over the proposed at grade car parking, as shown in the figure below:


106 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Building A

Building A features a maximum height of 9 storeys (28.4m from ground to the top of the building) with a transition down to seven (7) storeys for the southern portion of the ‘fish-hook’ building wing and for the western building wing. Building A provides a total of 137 Apartments in a mixture of one (1), two (2) and three (3) bedroom units. This includes 21 x one bedroom units, 88 x two bedroom units and 23 x three bedroom units. All units include private open space in the form of balconies which are directly accessible from living areas.

A total of 185 residential car parks and 17 visitor car parking spaces are provided for Building A at the basement and the ground floor level. Building B

Building B is the eastern most building positioned on site to front Lake Orr to the east. Building B includes a single building wing which is of a ‘fish-hook’ design providing all dwellings with an aspect over Lake Orr. Building B


107 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Building B features a maximum building height of 9 storeys (28.4m from ground to the top of the building) with a transition down to seven (7) storeys for the southern portion of the building. Building B provides a total of 107 Apartments in a mix of one (1), two (2) and three (3) bedroom units. This includes 36 x one bedroom units, 54 x two bedroom units and 17 x three bedroom units. All units include private open space in the form of balconies which are directly accessible from living areas.

A total of 132 residential spaces and 14 visitor spaces are provided for Building B at the basement and the ground floor level. Building C

Building C is the southernmost building on site positioned to front Christine Avenue to the south. Building C includes two building wings. The northern most building wing (positioned furthest from Christine Avenue) features six (6) storeys with the southern building wing (fronting Christine Avenue) featuring three (3) storeys.

Building C

Building C provides a total of 76 Apartments in a mix of one (1), two (2) and three (3) bedroom units. This includes 22 x one bedroom units, 36 x 2 bedroom units and 18 x 3 bedroom units. All units include private open space in the form of balconies which are directly accessible from living areas.

A total of 105 residential and 11 visitor parking spaces are provided for Building C at the basement and the ground floor level. Architectural styling

The architectural styling of the building represents a modern appearance with a variety of colours and materials used throughout the facades. The development features rendered concrete masonry walls, aluminium framed windows, timber look, coloured and aluminium sunscreens, glass balustrades and metal roofs which overhang to provide shadow and texturing to the façade. The colours used across the facades are generally of a natural tone comprising of charcoal, alabaster and timber look elements. The screens provided along the façade are sliding elements which will provide a continuously varying appearance to the building façade.


108 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Open Scape and Landscaping

A total of 5,426.5m² of communal open space is provided within the development that can be used for recreational purposes. The communal open space provided is provided in various locations throughout the developments and includes two (2) pool areas with associated terrace areas, dining, garden and lawn terrace areas, amphitheatre area overlooking the lake and BBQ areas. This includes a recreation building positioned on the western portion of the subject site.

In additional to the communal open space areas provided, landscaping is provided throughout the site, around the proposed buildings, along the internal road network and around the perimeter of the site. This includes a 3m landscape buffer provided to the reserve adjoining the site to the west.

Through this development application, an area of land adjoining the lake will be transferred to Council as park. This section of the site includes a total area of 6,663m² and will feature a 2.5m wide pathway to provide a connection to and complete the missing link to the existing pathway network running around Lake Orr.

Access and Car Parking

Vehicle access to the site will be provided via the stub road from the existing roundabout located at the frontage of the site. An internal road will be provided within the subject site which provides access to each building and their basement levels. A total of 465 car parking spaces are provided throughout the development with 42 of these spaces designated for visitor parking. As discussed above, each building has its own basement parking where the majority of residential parking spaces will be provided.

Refuse and Services

Each building will be serviced by bulk bins with refuse storage areas provided beneath the building either at the ground or basement level of the development. On collection days, bins will be transported to a collection point within the development which can be access by waste collection vehicles via the internal road network. The waste collection point is located to the west of the signature roundabout internal to the development. 6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site is located at Christine Avenue, Varsity Lakes or otherwise described as Lot 130 on SP206406. The subject site is located on the northern side of Christine Avenue with frontage to Lake Orr along the sites eastern and northern boundaries. To the west the site borders an existing wetland reserve.

The site is a single allotment with an area of 29,710m² and features a frontage to Christine Avenue of approximately 300m. As shown in the figure below, the site’s frontage to Christine Avenue features a roundabout to which the development site will gain access.

The site is irregular in shape and is clear of significant vegetation. The site is generally flat in nature with a gradual slope down from south to north however batters down to the lakes edge along the sites eastern and northern boundary. A small portion of the site adjacent the north-eastern boundary is subject to flood inundation.

Easements exist over the subject site (as shown in the figure below) which are in favour of Council for the purposes of public access to sewer infrastructure.


109 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Survey Plan

Pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003, the subject site is located within the Emerging Communities Domain. The site however is included within the Varsity Lakes Concept Plan area which is called up by the Emerging Communities Domain as the applicable Planning document for the area. Under the Varsity Lakes Concept Plan, the site is located within two approved Precinct Concept Plans, being the South Bank West Precinct and Southern Area Precinct A1.


110 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Precinct Concept Plan (PCP) Designations for the site

South Bank West Precinct Concept Plan

The South Bank West PCP provides a residential land use designation for the site with a gross density of 60 dwellings per/ha or a maximum net density of 70 dwellings per/ha. Building height controls set out a predominately 3 storey maximum building height with a desirable 8 storey feature building. Southern Area A1 Precinct Concept Plan

The Southern Area A1 PCP provides a mixed use designation for the site with a gross density of 40 dwellings per/ha or a maximum net density of 70 dwellings per/ha. Building height controls set out a predominately 4 storey maximum building height with a desirable 8 storey feature building.


111 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Subject Site

Subject Site – looking East


112 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Subject Site – looking west

6.2 Characteristics of surrounding environment

The surrounding area of the subject site is predominately residential in nature with pockets of non-residential and community uses and areas of open space comprising of the adjoining lake and adjacent parkland. The subject site is located along Christine Avenue which is an east-west collector road which provides access to Bermuda Street to the east and Robina and the M1 Motorway to the west.

North - To the immediate north of the subject site is Lake Orr and an open space linkage to parkland on the northern shore of the lake. Also on the northern shore of Lake Orr is residential apartment currently under construction, consisting of 3 levels.

East - To the immediate east, Lake Orr runs in a southern direction therefore borders the entire eastern boundary of the site. On the other side of the lake, low-medium density residential development is developing with non-residential uses including a Childcare Centre, Aldi Shopping Centre and Varsity College further to the east.

South - To the immediate south of the site, Christine Avenue traverses the entire length of the southern boundary (approximately 300m) and features a roundabout that provides access to a number of Detached Dwellings, predominately single and two storey in nature.

West - To the west of the site, the site adjoins an existing stand of vegetation which also acts as a wetland reserve for Lake Orr. Christine Avenue continues on from the subject site and wraps around this vegetation stand providing access to Robina.

In the broader context, the site is located approximately 1.8km to the south-west of Varsity Central and Bond University and 2km to the south of Robina Town Centre.


113 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Surrounding Area

7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant:

the State planning regulatory provisions The State planning regulatory provisions that apply to this subject site are: South East Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions.

the regional plan for a designated region The subject site is located within the ‘Urban Footprint’ of the South East Queensland Regional Plan 2009-2031. As the Urban Footprint precinct suggests, this precinct encourages urban activities within this precinct to be established. The proposal is considered to comply with the provisions of the SEQ Regional Plan.


114 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 State planning policies (unless appropriately

reflected in any relevant regional plan or planning scheme)

N/A

a structure plan N/A for development in a declared master planned

area—all master plans for the area Varsity Lakes Concept Plan – refer to assessment below.

a temporary local planning instrument N/A an earlier preliminary approval to which section

242 applies N/A

a planning scheme Refer to Planning Scheme Assessment section below.

the infrastructure charge resolution or the priority infrastructure plan.

Infrastructure charges are now levied under an Adopted Infrastructure Charges Resolution by way of an infrastructure charges notice, please refer to Infrastructure Charges section below.

In addition, the assessment manager must assess the part of the application having regard to:

the common material Common material has been regarded through the assessment. Submissions are discussed below.

any development approval for, and any lawful use of, premises the subject of the application or adjacent premises

Refer to Background section of this report.

any referral agency’s response for the application Refer to Referrals section below. 7.1 Assessment against draft City Plan 2015 Pursuant to the Draft City Plan 2015, the subject site falls under the Medium Density Residential Zone with a maximum building height of 3 storeys (15m) and a residential density of RD5 (1 bed per 50m2) and RD8 (1 bed per 13m²). The proposed land use and density are generally consistent with the provisions of the draft plan however the proposed height of the development standing at a maximum height of nine (9) storeys would cut across the building height provisions of the Draft City Plan 2015.

At this point in time, submissions on the Draft City Plan 2015, including a submission with respect to the subject site are still being considered and therefore it is considered too premature to place any significant weight on the draft provisions within the new Planning Scheme. Therefore it is considered that minimal weight should be given to the Draft City Plan 2015 when determining this application.


115 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 7.2 Assessment against Gold Coast Planning Scheme 2003

Place code Constraint code Specific development code Emerging

Communities Domain

Varsity Lakes Concept Plan 5

Bushfire Management Areas


Flood Affected Areas Works for Infrastructure

High Rise Residential and Tourist Accommodation

Landscape Work

Relationship to the Domain or LAP The subject sites are located within the Emerging Communities Domain pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003. In accordance with the Emerging Communities Domain, the subject site is located within the area covered by the Varsity Lakes Concept Plan 5. Varsity Lakes Concept Plan 5 The subject site is located within the Emerging Communities Domain and is subject to the Varsity Lakes Concept Plan 5. Pursuant to the Table of Development A of the Domain ‘any use consistent with the Varsity Lakes Concept Plan 5’ is Code Assessable. However due to the proposed height of the development exceeding the designated height for this area and residential density designation, the application is subject to Impact Assessment.

The subject site is identified as being within the residential and mixed use predominant land use areas of the Varsity Lakes Concept Plan 5. The intent of this area states:

Residential Predominant Land Use Area

“The intent of the Residential Predominant Land Use Area is to provide for predominantly Residential uses. However, it is also intended that all such areas will be able to have as a permitted use, 'home occupation' to reflect the growing demand of this form of activity and to assist in the creating a 'live, work, learn and play’ community.

Specific controls for Home Business will be included as part of the Precinct Concept Plan.

Different dwelling densities are specified in the three designations reflecting the design objective of supporting the vitality of the village as well as providing a choice of residential dwelling forms.

R1 Designation

These designations are closest to the village heart or are in prominent waterfront locations and a higher residential density is preferred for these locations.

In this designation:

the maximum Residential Site Density shall be 70 dwelling units/ha, and the maximum Residential Net Density shall be 60 dwelling units/ha.”

Mixed Use Predominant Land Use Area “The Mixed Use Predominant Land Use Area is intended to provide for a variety of uses ranging from retail, office, residential, education to recreation. The focal mixed use area is the village “heart” to be created adjacent to the existing student residences and lake edge.


116 Adopted Report


It will provide the retail uses, coffee shops and offices to support the residential, commercial and university areas. It is intended to create a vibrant, vital village by encouraging a diverse range of activities to assist in creating a '24 hour' centre. Design controls for the village are intended to result in an urban village, with reduced front setbacks, two-three storey facades and a mixture of uses to provide a 'sense of place'.

In the Mixed Use designations adjoining the village heart it is intended that the uses and urban form will support the vitality and ambience of the village. While shops will be permitted in these areas, a maximum retail floor area for this designation is proposed in keeping with the size of the community it serves. Student accommodation and other residential uses will be encouraged, provided these uses are located above the ground floor or alternately, have a design that permits ground floor residential to be converted to office or retail uses in the future. Four Mixed Use designated areas are located adjacent to the water on the main entry roads, reflecting the special opportunities created by their location.

The Mixed Use designation area south of Lake Orr offers the opportunity to:

Provide an expansion area for commercial and high technology uses establishing on the northern shore:

Provide neighbourhood type services to the southern area; and

Provide additional integrated residential and employment opportunities.” Officer's Comments

Having regard to the two PCP’s over the subject site and the predominate land use designation which they specify, the northern section of the site is included within the Residential Predominate land use area and the southern portion of the site is included in the Mixed Use Predominate land use area. The proposed development provides permanent residential development with a mix of unit configuration being one (1), two (2) and three (3) bedroom units. The proposed residential land use is seen as a desired land use across both PCP’s and therefore is considered to generally accord with the intents as detailed above. It is noted that the Mixed Use Predominate land use area which covers the southern section of the site does desire a mix of uses such as neighbourhood type services. The proposed development does not include a mix of uses rather providing a single use (residential) as desired for the area. It is noted that neighbourhood type services have recently been developed in the surrounding area and within this Mixed Use Predominate land use area being the Aldi supermarket and associated speciality stores and childcare centre to the sites east. Therefore the need for additional commercial uses on site is not considered warranted as neighbourhood type services already exist within the land use area. The R1 designation for the site seeks to achieve higher densities in this location however stipulates a maximum density criterion. The proposed development exceeds this criteria representing a density of 107 dwellings per hectare (92 dwellings per site area) and therefore does not strictly comply with this provision.

Notwithstanding, the Varsity Lakes Concept Plan does call for higher densities to be located in prominent waterfront locations so to provide the level of activity to support the Varsity Central Precincts. The proposal represents a density of one (1) bedroom per 48m² of site area which is equivalent to RD5 being one bedroom per 50m² when using the Planning Scheme controls for density.


117 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Considering the range of densities applied across the City, ranging from RD1 (one dwelling per 400m² of site area) to RD8 (one bedroom per 13m² of site area), such density is considered to be medium and therefore is not considered to be beyond what is intended for the area.

As discussed in greater detail in the report below, it is considered that the density proposed for the site is acceptable, providing a medium to high density as intended for the site. Therefore the proposed development is considered to generally satisfy the intent of the Residential Predominate land use area.

South Bank West Precinct Concept Plan The intent of the South Bank West Precinct Concept Plan is consistent with the intent of the Varsity Lakes Concept Plan 5 Residential Designation.

The intent of the South Bank West Precinct Concept Plan states:

“to provide for predominantly residential uses. However, it is also intended that all such areas will be able to have as a permitted use, ‘home occupation’ to reflect the growing demand of this form of activity and to assist in the creating a ‘live, work, learn and play’ community.

Specific controls for other low key home activities will also be included as part of the Precinct Concept Plan.”

Officer's Comments

The proposal provides for residential land uses with a mixture of 1, 2 and 3 bedroom units and therefore satisfies the land use intent for the area.

Southern Area A1 Precinct Concept Plan The intent for the Southern Area A1 Precinct Concept Plan is as follows:

The Mixed Use Predominant Land Use Area (PLUA) allows for the development of areas for the purposes of local neighbourhood centres serving the Development Plan area.

“The PLUA is intended to accommodate the development of ‘low key’ mixed uses comprising convenience shops and community facilities. In addition a range of mainly ‘medium’ to ‘higher’ density dwellings will be allowed for in this PLUA. A mix of uses is considered desirable in this PLUA to create vibrant activity centres with a sense of place and identity.

Mixed-use development in this PLUA is intended to predominantly comprise two to three storeys, however four storeys are permissible, subject to meeting the relevant performance requirements.

Floor space for various uses in this PLUA will be limited to ensure that there will be no detrimental impact on established Centres in the surrounding area.

Small scale high-technology, medical and other low impact land uses which are compatible with adjacent residential uses and PLUA’s are also intended.

Residential uses are considered suitable for development in this PLUA provided the design is sympathetic to other uses and the use is compatible with the intended functioning of employment generating uses in the Development Plan Area.

The desired character for this PLUA comprises development with the following main design elements:”


118 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Officer's Comments

As discussed above, the proposed development does not contain a mix of land uses rather provides solely residential apartments in a mix of one (1), two (2) and three (3) bedroom apartments. Non-residential uses such as small scale commercial and community facilities are already established in the vicinity and therefore there does not appear to be a significant need for further non-residential uses in this area which would compete with the uses already established.

As noted above, residential uses are considered suited in this precinct at a medium to high density which remains consistent with the intent of the adjoining South Bank West PCP which covers the northern part of the subject site. Although the development does not include a mix of uses, due to the design and layout of the development it is considered that an appropriate sense of place and identity will be created by this residential development largely due to the allowable building heights as discussed in greater detail below. Specific Development Requirements Building Heights South Bank West PCP

“Building heights are to be in accordance with Map 3 – Building Controls, predominantly a maximum of 3 storeys and minimum of 2 storeys, with allowance for an eight (8) storey feature building.”

Officer's Comments

The northern portion of the site covered by the South Bank West PCP allows for an eight storey features building with the remaining part of the precinct limited to a maximum of 3 storeys. The proposed development provides a single building within the South Bank West PCP area being a feature building standing at 9 storeys in height. Therefore, the proposed development does not strictly satisfy the provisions of the PCP by proposing one additional storey for this section of the site.

As the proposed building height does not strictly satisfy the provisions of the PCP, the assessment of building height must have regard to the Planning Scheme including the Emerging Communities Domain and Desired Environmental Outcomes as discussed in the report below. Please refer to discussion on Desired Environmental Outcomes.

Southern Area A1 PCP

“A predominant maximum building height of 4 (four) storeys, with allowance for an eight (8) storey Feature Building.”

Officer's Comments

The southern portion of the site allows for a feature building of up to eight (8) storeys in height with a predominant maximum building height of four (4) storeys for remaining buildings within the PCP area. The proposed development features three buildings within the Southern Area A1 PCP area, these being Building B which is a nine (9) storey feature, Building C which fronts Christine Avenue and features a building height of six (6) and three (3) storeys and a recreational building which is a single storey in height. Therefore, the proposed development does not strictly satisfy the provisions of the PCP by proposing one additional storey for the feature building and six (6) storeys for the secondary building for this section of the site.


119 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 As the proposed building height does not strictly satisfy the provisions of the PCP, the assessment of building height must have regard to the Planning Scheme including the Emerging Communities Domain and Desired Environmental Outcomes as discussed in the report below. Please refer to discussion on Desired Environmental Outcomes. Building Setbacks South Bank West PCP

“Zero metre boundary setbacks are encouraged internal to the site in order to encourage high density built form. All other setbacks are to be in accordance with Map 3.”

Officer's Comments

Map 3 of the South Bank West PCP requires a 10m building setback from the top of the revetment wall of Lake Orr and a 6m building setback to the western boundary of the site to the adjoining reserve. The proposed development provides a setback in excess of 10m to the revetment wall and a setback of approximately 15m to the western boundary for this section of the site and therefore satisfies the building setback criteria.


“A 15metre building setback from Lake Orr (measured from the top of the revetment wall). Other building parameters are contained within the Mixed Use Predominant Land Use Area Code that forms part of the approved Varsity Lakes Southern Area Development Plan.”

Officer's Comments

The PCP requires a 15m setback to the revetment wall and a 3m setback to Christine Avenue and the adjoining reserve for this section of the site. The proposed development is setback in accordance with all of these minimum requirements and therefore satisfies the building setback criteria.

Site Cover South Bank West PCP

“Maximum gross site cover of 60%”

Officer's Comments

The proposed development provides an overall site cover of 25.5% and therefore satisfies the site cover requirement.


“Maximum site coverage of 80%”

Officer's Comments

The proposed development provides an overall site cover of 25.5% and therefore satisfies the site cover requirement.


120 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Development Density South Bank West PCP

“It is intended that the development density for the Precinct is sufficiently high to provide the level of activity to support the Varsity Central precincts and allow a variety of housing products. In addition, the site density provisions are intended to allow for the Home Business opportunities available in this precinct. To achieve this intent: (1) The maximum Residential Site Density shall be 70 dwelling units/ha and the maximum

Residential Gross Density shall be 60 dwelling units/ha. (2) Maximum Site Cover permitted for individual allotments is 85%. Maximum gross site

cover across the precinct is 60% (including roads, park and development area).”

Officer's Comments

As detailed in the report above, the proposed density for the development exceeds the density criteria set out within the PCP. When considering the density of the development on a site basis as opposed to precinct basis, the proposal provides a density of 107 dwellings per hectare (92 dwellings per site area) or 1 bedroom per 48m² of site area.

Notwithstanding, the actual intent under the PCP seeks to achieve a sufficiently high density to provide the level of activity to support the Varsity Central precincts and to allow a variety of housing products. With regard to housing products, the development provides an Apartment product which contributes to the existing mix of dwellings types within the area which includes largely Detached and Attached Dwellings on the southern side of Lake Orr. As detailed in the report above, the proposed density over the site is considered to represent a medium density, equivalent to RD5 (one bedroom per 50m² of site area) having regard to the development densities applied across the City (being RD1 to RD8) and therefore is not considered to beyond the density intended for the site.

Further to the intent of the PCP, the subject site is a key site within the Varsity Lakes area encompassing a large site area which frames the south-west corner of Lake Orr. This is reflected within the Varsity Lakes Concept Plan and Precinct Concept Plans through the feature building designations which apply to the site. Therefore given it is desirable to have taller buildings on the subject site compared to the majority of surrounding developments, it is logical that a higher density will result on the site.

The subject site is also considered to be suitable for the density proposed. The site is located in close proximity to two employment nodes being Varsity Central and Robina Town Centre which also offer a variety of services and retail opportunities to support large populations. Furthermore the site is serviced by public transport and is located in close proximity to a variety of community facilities such as schools and recreational facilities. Therefore higher densities on the subject site are considered to reflect the intentions of the South East Queensland Regional plan to consolidate development and increase densities within suitable urban areas.

Having regard to the potential impacts of the proposed density, it is considered that the density can be adequately accommodated on site without causing negative impacts external to the site. It has been demonstrated through the application that adequate infrastructure capacity exists in the sewer and water network to accommodate the demands of the development. The car parking and traffic impact of the proposed development have also been considered in the assessment of the density proposed on site.


121 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Traffic engineers have determined that the development will have a relatively low traffic generation in the context of Christine Avenue and the adjacent roundabout having consideration to the 4 lane design of Christine Avenue in this location. Furthermore, the proposed development provides car parking in excess of the car parking requirements of the Planning Scheme, providing an additional 90 spaces than required by the code.

From a built form perspective, the proposed density is considered to be appropriately designed on site. Although the PCP allows for a maximum site cover of 60% for the northern portion of the site and 80% for the southern portion of the site, the development features a maximum site cover of 25.5% therefore providing a suitable balance of built form and landscaping.

As such, it is considered that the density proposed fulfils the intent on achieving high densities across the site and can be adequately accommodated on site without creating adverse impacts to the local area.


“It is intended that the development density for the Precinct is sufficiently high to allow for a variety of housing products and to generate a high level of activity. To achieve this intent the maximum Residential Site Density for residential land uses shall be 70dw/ Ha with a maximum Residential Gross Density of 40dw/Ha (refer Map 2).”

Officer's Comments

Please refer to comments provided on the development density above. Building and Architectural Guidelines South Bank West PCP

“It is intended that the urban form in the residential areas of the Precinct will be of a high standard. All Material Change of Use (MCU) applications that comply with the Varsity Central Design Guidelines in Appendix 1 will have been deemed to have met this intent.”

Officer's Comments

The proposed development has been referred to Council’s City Architect to assess the architectural design and appearance of the proposed development. The following comments were provided:

“The revised submission incorporates a number of significant and appropriate architectural features which provide improvements to the fine grain detailing of the buildings:

The applicant has successfully increased the façade articulation through the incorporation of balcony sliding screens to become more of an architectural feature to Buildings A, B, C.

The applicant has successfully articulated the double curvature of Buildings A and B by incorporating a full height vertical glazed recessed section along the façade which enhances the architectural language of the buildings.

The applicant has successfully articulated the roof line by acknowledging the double curvature of the building and separating the roof line to Buildings A and B.

The applicant has successfully articulated the roof line of Building C along with the façade treatment to create more individual townhouse scale.


122 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 The applicant has successfully submitted a proposed range of high quality materials,

colours and finishes to reduce the mass and bulk to Buildings A, B, C.

The applicant has successfully increased landscaping to break up the large expanse of hardscape car park to the area adjacent to Building A for better amenity to residents, increased green linkages, reducing heat gain, and increasing shade opportunities.”

Therefore, as expressed by the comments above, the proposed development is considered to be of a high architectural standard and therefore is considered to satisfy the building and architectural intent for the South Bank West PCP.


No Specific architectural guidelines stated.

Car Parking Provisions and Access South Bank West PCP

“It is intended in the Residential PLUA that carparking provisions are sufficient to provide for residential uses in an efficient and coordinated manner. To achieve this, all car parking shall be provided within the subject site and in accordance with the Our Living City Gold Coast Planning Scheme ‘Carparking, Access and Transport Integration’ Constraint Code.”

Officer's Comments

In accordance with the Car Parking, Access and Transport Integration Constraint Code, the development requires a total of 375 car parking spaces, being 340 residential spaces and 36 visitor spaces. The proposed development provides car parking in excess of this rate having 423 resident spaces and 42 visitor spaces, providing a total of 465 spaces. This represents an additional 90 spaces to that required by the applicable Planning Scheme code.


No specific car parking criteria stated.

Officer's Comments

Please refer to comments above.

Home Business South Bank West PCP

“It is intended that the residential areas of the site will be able to be used for home business that do not result in a detrimental impact on the area or adjoining uses. These activities are expected to include home work spaces and small business activities. Uses that generate substantial noise or traffic are considered not acceptable uses for Home Business uses. To achieve this, Home Business uses will only be permitted where:

(1) The type of use does not detrimentally affect the amenity of the Precinct or any part of the Precinct.

(2) The use does not require or involve:

(a) assistance by more than two people who are not resident in the dwelling;


123 Adopted Report


(b) the erection of any signage, other than an identification sign not exceeding 0.3 sqm in area; or

(c) The Home Business does not exceed one third of the GFA of the primary dwelling or 45m2, whichever is the lesser;

(3) The level of traffic generated is compatible with a residential use (both in terms of quantity of traffic and time of traffic generation).

(4) Adequate parking is provided for all those people involved in the use and within the curtilage of the site.

(5) The use does not lead to the imposition on the services provided by any public utility organisation of any demand or load greater than which is ordinarily imposed by other users of the services in the locality.

(6) The use does not involve the display of goods in a window or about the dwelling or its curtilage.

(7) The use does not involve a vehicle exceeding one tonne tare in weight.

(8) The primary use on the site is residential. The external residential scale, appearance and character of the primary dwelling have not been modified to accommodate the non-residential use.”

Officer's Comments

Home business uses are not proposed as part of this application therefore the criteria above are not applicable.


No specific Home Business criteria stated.

Landscaping South Bank West PCP

“It is intended that the landscaping in the Residential PLUA will: Enhance and complement the character of the built form; Contribute to the character, identity and amenity of the area, in particular the creation of

an attractive streetscape; Maximise site features such as views, vistas and existing vegetation; Provide a suitable buffer to break the built form areas; Provide infiltration of stormwater run-off where practicable. Refer to site briefing document”

Officer's Comments

The proposed development includes landscaping throughout the entirety of the development as shown in the figure below:


124 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Landscape Plan

The landscaping proposed for the site includes plantings to visually soften the buildings, embellishments to communal areas, internal road treatments and buffer planting to the adjoining reserve. Such landscaping is considered to provide a suitable interface to public areas within the development site and to the public realm in the surrounding area.

The landscape treatments proposed include an entry statement along the boulevard accessing the site and landscape features within the central roundabout which provides a sense of arrival to the development and together with the amphitheatre which is proposed with a vista over the lake, the landscape features proposed on site are considered to provide sense of place for the development.

As such, the extent and design of landscaping on site is considered appropriate to provide an attractive development outcome that will contribute to the character and identity of the area and therefore is considered to satisfy the landscaping requirements of the PCP.


“In situations where lots have a dual frontage to a road particular attention will be given to maintaining a high quality of presentation to the street through the provision of denser landscaping or the use of decorative fencing.

Key park vistas are identified on Map 4.

The main entry points will contain identity architecture elements, which will assist in establishing the character of the neighbourhood.”


125 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Officer's Comments

The application does not propose the subdivision of the site which would create dual frontage lots. Notwithstanding, the landscape design provides a suitable presentation to both the front and rear of buildings ensuring that the external and internal appearance of the development is of a high standard. As detailed above, suitable entry statements are provided within the landscape design of the development as desired by the intent above. As such, the proposal is considered to satisfy the criteria above.

Pedestrian and Cycleway Facilities South Bank West PCP

No specific criteria stated.

Officer's Comments

Please refer to discussion below.


“The proposed network will provide internal linkages to future mixed use/residential areas and external linkages to existing adjoining parks, on-road cycleways and pedestrian pathways along the sub-arterial network, which link to major facilities like Varsity Lakes College, Bond University and parkland areas.”

Officer's Comments

As detailed previously in this report, the proposed development will provide a public pathway connection around the north-east perimeter of the site adjacent the lake. With Christine Avenue to the sites south, this will result in pedestrian and cycleway facilities around the majority of the site. Internally, connections are provided to these external pedestrian and cycleway facilities in multiple locations throughout the development layout.

The design of the pathway to be transferred to Council will connect to the existing pedestrian and cycleway network which is already established to the north and east of the site. The design of the connection to the sites eastern boundary provides a connection for both southern bound pedestrian traffic under the bridge as well as eastern bound pedestrian traffic over the bridge. Therefore it is considered that the design of the development allows for continuation of a valuable pedestrian network in the local area. Open Space Intent South Bank West PCP

No specific criteria stated.

Officer's Comments

Please refer to discussion below.


126 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Southern Area A1 PCP

“The precinct contains a 0.1ha nodal open space area and Lakeside Linear Open Space (15metre width unless approved otherwise by Council), as shown on Map 4.

The Nodal open space area will provide a natural buffer to the Lake Orr Catchment Reserve to the north of the precinct. The intended character will be informal parkland comprising open canopy vegetation, mown grass and low planting.”

Officer's Comments

The proposed development does not propose a 0.1ha nodal open space area on site rather providing community recreational facilities in this location. The acquisition of a 0.1ha public open space area is not considered to be a valuable asset as the stated size falls well below Council’s desired standards of service. As the applicant has not proposed to provide such open space, it is not considered warranted to pursue such open space which would come at a cost to the city. As such, it is considered suitable for this space to be used as a private recreation area for the development.

Notwithstanding the tenure of this area, the development provides a buffer to the Lake Orr Catchment Reserve to the west and north having a 3m landscape buffer along the full length of the boundary. Furthermore, the built form in this location is low set with surrounding landscape elements and therefore is not visually intrusive to the local area.

The proposed development provides a lakeside linear open space area for the full length of the sites boundary which adjoins Lake Orr consistent with Map 4 as contained within the Southern Area A1 PCP. This linear open space area will involve 6,663m² of open space which will be embellished with a 2.5m wide footpath which will provide a connection to the existing pedestrian network around the lake and will be transferred to Council as public open space.

Compliance with the relevant place code As the Varsity Lakes Concept Plan 5 is the approved and recognised Master/Structure Plan for the subject site, assessment of the proposal against the Emerging Communities Domain Place Code acceptable solutions is not considered necessary where the development satisfies the provision of the concept plan and approved PCP’s. However as discussed above, the proposed development does not satisfy the building height criteria of the Concept Plan therefore assessment must be made against the applicable criteria of the ‘Our Living City’ Gold Coast Planning Scheme 2003.

Pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003, the subject site is included within the Emerging Communities Domain. The Performance Criteria for building height under the Emerging Communities Domain is as follows:

“All buildings must be of a height which is in keeping with the predominantly rural character of the surrounding area. Building height must not result in a significant loss of visual amenity.”

This Performance Criteria has been taken over by events as the surrounding area is no longer rural having developed for urban purposes. Therefore where considering building height under the Planning Scheme, and where determining whether a proposal should be supported or refused, consideration must be given to the Desired Environmental Outcomes for the city as reflected in the scheme.


127 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Desired Environmental Outcomes The relevant Desired Environmental Outcomes for determining building height are listed below, followed by Council Officer's comments:

DEO SOC.1 “The establishment, conservation and enhancement of local character and the promotion of a distinctive local identity and sense of place for the various communities of Gold Coast City.”

Officer's Comments

As detailed in the report above, the proposed development seeks approval for an additional building height to that specified within the relevant Precinct Concept Plans as approved under the Varsity Lakes Concept Plan. In this regard, the proposal seeks one additional storey to that permitted for the two feature buildings designated for the site and an additional two storeys for Building C which under the applicable PCP is specified to have a predominate maximum building height of four (4) storeys.

Although development in the surrounding area is not of a similar scale to that proposed, the current planning provisions do allow for eight storey developments ‘as of right’ with development consistent with the Varsity Lakes Concept Plan being listed as code assessable. Therefore developments of eight storeys have been approved and expected for the site which must be taken into account when assessing the height of the proposed development. Given the above, a nine (9) storey building is considered to be of a similar scale and is not considered to be inconsistent with the building height character intended for the site. The visual impact of a nine (9) storey development compared to an eight (8) storey development is considered to be less significant compared to an additional storey on a lower building height. The design of the feature buildings on site have further emphasised the middle storeys of the development through the use of differing materials and colours which draws attention to the middle of the development as opposed to the vertical height. Overall the development is considered to provide a positive built form addition to the Lake Orr surrounds fulfilling the identified feature building role for the site. The additional storey to these feature buildings is not considered to detract from both the design of the building or intended character for the site and therefore is not considered to compromise the achievement of the DEO above.

The additional height for the remaining buildings on site, this being Building C which features a split building height of 6 and 3 storeys is not considered to detract from the character of the local area in the setting of the proposed development. Having buildings of a greater height within the same development, the visual prominence of Building C is not considered to be significant. Building C is seen as subordinate to the feature buildings on site and provides a suitable height transition down from these buildings to a level at the street consistent with existing developments in the local area, being 3 storeys. Further, having regard to the proposed design and placement of this building, Building C is not considered to lessen the role of Buildings A and B acting as feature buildings for the site.

As such, the proposed development is not considered to compromise DEO Soc. 1 having regard to the planned character for this site as specified within the approved Varsity Lakes Concept Plan and applicable Precinct Concept Plans.


128 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 DEO Soc.5

“The maintenance of residential amenity, through the minimisation of any environmental harm or adverse social impacts occurring from the construction and operation of commercial, community, tourism, industrial and extractive industry activities.”

Planning Objectives to Support DEO Soc.5

“Soc.5.2 to ensure that the design and layout of development minimises any potential for activities to adversely impact upon the amenity of nearby residential premises.”

Officer's Comments

To ensure that the proposed building height is acceptable, it must be demonstrated that the proposed height does not cause significant impacts to the surrounding area that would adversely impact on the amenity of nearby residential uses. The subject site benefits from being separate from adjoining residential development having open space areas and road frontage to all boundaries. Therefore the additional storey of the development will not provide a measurable impact to surrounding residential premises such as shadow, privacy or overbearing scale.

As detailed above, the scale of the development is reduced towards Christine Avenue having three (3) storeys presenting to the street. Such scale is consistent with the scale of development in the surrounding area and provides a more appropriate scale to the street environment with the taller buildings set within the site.

From a design perspective, the development is considered to present as a modern feature which frames the south-western corner of Lake Orr. The proposed scale is generally consistent with that intended for the site with the additional storey over and above that permitted under the Concept Plan not considered to have a significant visual impact that would cause a conflict with the higher order provisions of the Planning Scheme. Therefore it is not considered that the proposed development would compromise the achievement of the DEO detailed above.

Compliance with the relevant specific development code The proposed development is required to demonstrate compliance with the following specific development codes:

High Rise Residential and Tourist Accommodation Landscape Work


129 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 The proposal complies with all of the specific development code’s acceptable solutions and performance criteria, except as follows:

High Rise Residential and Tourist Accommodation Performance criteria Acceptable solution

The development must provide sufficient communal open space on the site, which:

a) provides adequate and useable recreational areas required to service the needs of residents or guests of the development;

b) aesthetically complements the buildings and enhances the attractiveness of the development.

The development provides open space for recreation and landscaping purposes at the following rates:

11m2 for each habitable room within each guest suite of a residential hotel or resort hotel

11m2 for every 10m2, or part thereof, of the area provided for sleeping within hostel accommodation

22m2 for each one bedroom dwelling or bed sitting unit

35m2 for each two bedroom dwelling

45m2 for each dwelling of three or more bedrooms

Performance Criteria 22 – Communal Open Space AS22.1 of the High Rise Residential and Tourist Accommodation Constraint Code is as follows: “The development provides open space for recreation and landscaping purposes at the following rates:

11m2 for each habitable room within each guest suite of a residential hotel or resort hotel

11m2 for every 10m2, or part thereof, of the area provided for sleeping within hostel accommodation

22m2 for each one bedroom dwelling or bed sitting unit

35m2 for each two bedroom dwelling

45m2 for each dwelling of three or more bedrooms”

Based on the rates prescribed above, the proposed development would require a total of 10,688m² of communal open space. The proposed development provides 5,426.5m² of communal open space and therefore provides an alternative solution to achieve PC22 of the High Rise Residential and Tourist Accommodation Specific Development Code, which states:

“The development must provide sufficient communal open space on the site, which:

a) provides adequate and useable recreational areas required to service the needs of residents or guests of the development;

b) aesthetically complements the buildings and enhances the attractiveness of the development”


130 Adopted Report


The proposed development is considered to satisfy PC22 of the High Rise Residential and Tourist Accommodation Specific Development Code, for the following reasons:

Communal open space is provided in various locations throughout the development and includes two (2) pool areas with associated terrace areas, dining, garden and lawn terrace areas, an amphitheatre area overlooking the lake, BBQ areas and a recreational centre. Please note that the communal open space area provided does not include the area of the site that will be transferred to Council for recreational purposes. The spaces provided within the development cater for a variety of recreational activities at both a passive and active level. The embellishments included within the communal open space areas such as pools, BBQ facilities and the terrace areas are considered to provide for a more usable space that is considered to adequately provide for the recreational needs of future residents.

The applicant has provided a user capacity analysis for the open space provided, as outlined below:

Based on an assumed population of 813 people for the development and a demand for

communal open space of space at any one time being a third of this population or 268 people, the above analysis demonstrates that the open space provided on site is adequate for the expected population of the development.

This analysis demonstrates that the space provided can accommodate up to 335 persons recreating at any one time. It is noted that this area includes the boardwalk area which will become public open space and therefore should not be considered within the communal open space for the development. As such, with the removal of the boardwalk area from this calculation, the revised capacity for the proposed communal open space would be 295 people which is considered to be above the demand created by the proposed development.

The proposal features extensive landscaping throughout the development site which is considered to aesthetically compliment the proposed design of the development.


131 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 In addition, the proposed development is situated within the master planned area of

Varsity Lakes and adjoins Lake Orr, a key recreational component of Varsity Lakes. With this in mind, it is likely occupants of dwellings within the proposed development will use the public open space reserve which adjoins Lake Orr.

As such, it is considered that the extent of Communal Open Space provided on site will meet the recreational needs of the development and therefore the proposal is considered to satisfy PC22 of the High Rise Residential and Tourist Accommodation Specific Development Code.

Compliance with the relevant constraint codes and overlay The proposed development is required to demonstrate compliance with the applicable Acceptable solutions and Performance criteria of the following constraint codes:

Bushfire Management Areas Car Parking, Access and Transport Integration Flood Affected Areas Works for Infrastructure

Works For Infrastructure

In accordance with the requirements of the Gold Coast Planning Scheme 2003, the Works for Infrastructure constraint code is triggered for the proposed development. The subject application has been assessed against the applicable acceptable solutions and performance criteria of the abovementioned code.

The proposed development is considered to comply with constraint code’s acceptable solutions and performance criteria. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code.

Bushfire Management Areas Constraint Code

Please refer to section 11.12 for discussion of the development’s compliance with this constraint code.

Car Parking, Access and Transport Integration Constraint Code


Flood Affected Areas Constraint Code


10 SOUTH EAST QUEENSLAND REGIONAL PLAN The subject site is located within the urban footprint of the South East Queensland Regional Plan (SEQ Regional Plan). The proposed development is considered to be consistent with the regional plan, providing urban development within an area identified for urban purposes.

11 INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 16 June 2014.


132 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 List of available referrals for reference Health and Regulatory Services City Transport Subdivision Engineering Open Space Assessment Architect Gold Coast Water Engineering Services Plumbing and Drainage Environmental Assessment

Operational Works Hydraulics and Water Quality Qld Fire and Rescue (Bushfire) Arborist Landscape Assessment Beaches and Water Geotechnical Engineering Social Planning

From this meeting the application was referred to applicable referrals as discussed below:

11.1 Health and Regulatory Services – Applicable A copy of the application was referred to Council’s Health and Regulatory Services Section for comment. The following comments were provided:

Council’s Licensing & Approvals section requested that the applicant provide further information to facilitate assessment against the Acceptable Solutions and Performance Criteria of the abovementioned Development Codes.

The assessment below is of the applicant’s Information Response dated 19/8/2014 and of the original application material. The information requested includes:

Amended acoustic report to include details of road traffic noise impact

Assessment of Applicable Domain Compliance with the Emerging Communities Domain Code.

The proposal has been assessed against the relevant sections of the abovementioned Place Code. The proposal complies with all of the Emerging Communities Domain Code’s Acceptable Solutions, except as follows where an Alternative Solution has been proposed:

Performance Criteria Acceptable Solution

Proposed Alternative

Solution PC19 The proposed use must not detract from the amenity of the local area, having regards, but not limited, to the impact of:

a) Noise; b) Hours of operation; c) Traffic; d) Lighting; e) Signage; f) Visual amenity; g) Privacy; h) Odour and emissions.

AS19 No acceptable solution provided

AS19 – Will Comply


133 Adopted Report



Proposed Alternative Solution

PC20 The proposed development must take into account and seek to ameliorate any negative aspects of the existing residential amenity of the local area, having regards, but not limited, to the impact of:

a) Noise; b) Hours of operation; c) Traffic; d) Lighting; e) Signage; f) Visual amenity; g) Privacy; h) Odour and emissions.

AS20 No acceptable solution provided

AS20 – Will Comply

Noise

The site adjoins Christine Avenue, which has a road traffic count of greater than 10000 cars per day. An acoustic report has been submitted with the application, and has demonstrated that road traffic noise will affect the proposed residential dwellings. The acoustic report recommends that the building envelope of any noise-sensitive spaces exposed to noise levels exceeding 63dBAL10(18 hour) should be designed in accordance with AS3671-1989 to achieve compliance with the recommended internal sound levels of AS/NZS2107:2000.

The report did not detail the specific attenuation requirements for specific dwellings. As such, an amended acoustic report was requested by Licensing & Approvals. The applicant provided the following response.

“Compliance with AS/NZ2107 and determination of the specific Rw for external glazing would require that the architecturals be worked up to a far greater degree than they are at present. Specifically, it would be necessary to prepare the elevations for Building C and part of Building B together with annotations for the glazing dimensions. It is considered an unreasonable requirement to be placed on the information required to be submitted at DA.

In addition, if the project team were to provide this information, because the specific Rw rating for each element of the external glazing for Building C and part of Building B would now be set and, presumably, conditioned accordingly by Council, any subsequent design changes that altered glazed areas or room dimensions within these buildings would require an amendment to the conditions.

Council’s frequently impose conditions to reflect the specific recommendations of the noise report. As such it is requested Council impose a condition in accordance with the first recommendations of the noise report……Noting that this condition would also apply to Building C as well as to the southernmost units located in Building B on Level 6 and above.”

Licensing & approvals believes it is acceptable to include a condition of approval requiring further assessment prior to building approval.


134 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Compliance with the Relevant Specific Development Code Compliance with the High Rise Residential and Tourist Accommodation Development Code.

The proposal has been assessed against the relevant sections of the abovementioned Place Code. The proposal complies with all of the High Rise Residential and Tourist Accommodation Development Code’s Acceptable Solutions, except as follows where an Alternative Solution has been proposed:

Performance Criteria

Acceptable Solution Proposed Alternative Solution

PC6 Refuse storage areas must be designed and located to provide sage and convenient access for collection, while being screened from view and positioned to avoid nuisance to neighbours

AS6.1.1 The refuse storage area is located in the basement OR AS6.1.2 The refuse storage area is located within the required setback to the frontage and is designed as follows: a) No closer than three metres to any frontage

and 1.5 metres to any other size boundary; b) Enclosed on three sides with a screen wall

extending 0.2m above the height of the refuse receptacles;

c) Screened by dense planting and mounding

AS6.1.1 Complies As noted in the attached architectural package AS6.1.2 Not applicable, See Response to AS6.1.1 above

Waste

Each level has access to a waste chute, which will transport waste to internal waste storage rooms. Waste storage rooms are located at each building. The amount of storage capacity for each building has been assessed against the Gold Coast City Council Solid Waste Guidelines for New Developments 2011, and have been considered acceptable.

Bulk bins are to be transported by management to the temporary servicing location which is approximately 10m long. The bulk bins are to be serviced by a waste vehicle using an internal roadway. Please be advised, the waste storage and servicing arrangements are acceptable.

As such, Council’s Health and Regulatory Services section has no objection to the proposed development subject to conditions relating to waste storage and disposal and acoustic design and construction.


135 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 11.2 City Transport – Applicable A copy of the application was referred to Council’s Transport Assessment Section for comment. The following comments were provided:

“BRIEF SUMMARY The proposal is Apartments and comprises 320 dwellings across three separate buildings. The overall apartment configuration proposed is 84 × 1 bedroom, 178 × 2 bedroom and 58 × 3 bedroom. Vehicular access to the site is proposed via the existing Christine Avenue / Bayswater Drive roundabout. A road stub providing access to the site has already been constructed. Separate car parking is proposed for each building with a combination of ground level and basement car parking. A total of 465 car parking spaces are proposed, comprising 423 resident spaces and 42 visitor spaces. APPLICABLE CODES Emerging Communities Domain

Constraint Code 4 - Car Parking, Access and Transport Integration

LEVEL OF ASSESSMENT Impact

STATE REFERRALS Nil ASSESSMENT COMMENTS Council’s Transport Assessment section requested that the applicant provide further information (iSPOT #44729620) to facilitate assessment against the Acceptable Solutions and Performance Criteria of the abovementioned Development Codes.

The assessment below is of the applicant’s Information Response dated 13 August 2014 (iSPOT #45483693) and of the original application material (iSPOT #44067130). The information requested relates to car parking supply, vehicular ramp design and safe pedestrian access.

The applicant has satisfactorily addressed the matters raised in the information request, with the following exception:

Constraint Code 4 – Car Parking, Access and Transport Integration

Safe Pedestrian Access


PC19

All development must make provision for safe pedestrian access to the building from the street and from any car parking or set down area to the building’s main entrance.

AS19.1

The design of the development ensures that priority is given to pedestrians for direct links to the building’s main entrance and to any adjoining local activities or public transport services.


136 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 The applicant was requested to provide a pedestrian refuge to allow pedestrians to safely cross the access driveway to Building C. This forms part of a major pedestrian link into the site from the Christine Avenue frontage. The applicant has failed to respond to this point and has not shown the requested pedestrian refuge on the amended plans submitted with the Information Request response. The acceptable solution is therefore not met.

In order to satisfy the requirements of PC19, Transport Assessment will recommend a condition that requires the applicant to submit amended plans that show the pedestrian refuge.

It is also noted that the revised drawings submitted with the information request response now indicate vehicular ramp grades. This was previously not shown on the drawings. This has highlighted that the basement ramps to Buildings B and C have a steep grade prior to the pedestrian crossing point. This requires drivers to accelerate up to the pedestrian crossing point, which is a safety risk to pedestrians.

In order to satisfy the requirements of PC19, Transport Assessment will therefore recommend a condition that requires the applicant to submit amended plans to show a grade of 1 in 20 (5%) prior to the pedestrian crossing point at the top of the basement ramps to Buildings B and C. This is consistent with the requirements of Section 3.3 of AS2890.1:2004.

ADDITIONAL COMMENTS An amended plan of development has been submitted with the Information Request response and the number of car parking spaces proposed on the site has reduced from 470 spaces to 465 spaces. An assessment of car parking supply is therefore provided below. Constraint Code 4 – Car Parking, Access and Transport Integration

Provision of Car Parking Spaces


PC16

Sufficient car parking spaces must be provided to meet the car parking needs of the development. The number of car parking spaces provided must be consistent with the practical opportunities available for shared car parking provision and the operation of alternative transport modes to private motor vehicles. Car parking design contributes to delivering development with a built form that is robust and flexible, allowing adaptation or redevelopment over time to a variety of uses, increased densities or increased employment intensity.

AS16.1

Car parking is provided in accordance with the number of spaces required for the specific use listed in the Table to Acceptable Solution AS16.1.

The car parking rates prescribed in Table to Acceptable Solution AS16.1 require the development to provide a total of 375 car parking spaces comprising 340 spaces for residents and 35 spaces for visitors.


137 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 The revised development proposal submitted with the Information Request response includes a total of 465 car parking spaces, comprising 423 spaces for residents and 42 spaces for visitors. The acceptable solution is therefore met.

It is also noted that the number of resident and visitor spaces allocated to each building satisfies or exceeds the minimum number required and is therefore satisfactory. RECOMMENDATION Transport Assessment recommends that the development application be supported subject to the insertion of reasonable and relevant Conditions of Approval into Council’s Decision Notice.”

As such, Council’s Transport Assessment section has no objection to the proposed development subject to conditions relating to car parking and access.

11.3 Subdivision Engineering – Applicable A copy of the application was referred to Council’s Subdivision Engineering section for assessment. Council’s Subdivision Engineering section has no objection to the proposed development subject to conditions relating to vehicular crossings and driveways, street lighting, electrical reticulation and telecommunications.

11.4 Open Space Assessment - Applicable A copy of the application was referred to Council’s Open Space Assessment section for assessment. The following comments were provided:

“The applicant proposes a 15m wide linkage to the Lake Orr frontage of their site. This linkage includes a ‘nodal point’ and terracing as well as a boardwalk to the entire frontage. This linkage park is in keeping with existing parks around Lake Orr.” As such, Council’s Open Space Assessment section has no objection to the proposed development subject to conditions relating to the transfer of open space, open space design, preparation and management.

11.5 Architect - Applicable A copy of the application was referred to Council’s City Architect for assessment. The following comments were provided:

“Architectural Appearance of buildings: The revised submission incorporates a number of significant and appropriate architectural features which provide improvements to the fine grain detailing of the buildings:

The applicant has successfully increased the façade articulation through the incorporation of balcony sliding screens to become more of an architectural feature to Buildings A, B, C.

The applicant has successfully articulated the double curvature of Buildings A and B by incorporating a full height vertical glazed recessed section along the façade which enhances the architectural language of the buildings.

The applicant has successfully articulated the roof line by acknowledging the double curvature of the building and separating the roof line to Buildings A and B.

The applicant has successfully articulated the roof line of Building C along with the façade treatment to create more individual townhouse scale.


138 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 The applicant has successfully submitted a proposed range of high quality materials,

colours and finishes to reduce the mass and bulk to Buildings A, B, C.

The applicant has successfully increased landscaping to break up the large expanse of hardscape car park to the area adjacent to Building A for better amenity to residents, increased green linkages, reducing heat gain, and increasing shade opportunities.

Recommendation The City Architect’s Office has reviewed the plans/drawings submitted by the applicant, and deem this proposal to be acceptable.”

As such, Council’s City Architect has no objection to the proposed development.

11.6 Gold Coast Water - Applicable A copy of the application was referred to Gold Coast Water for assessment. The following comments were provided:

“Gold Coast Water has assessed the application for the availability and connectivity to Council’s water supply and sewerage system. The existing systems have sufficient capacity to accommodate the additional demands from the development site.

Recommendation Gold Coast Water supports the Development Permit for a Material Change of Use for three high rise buildings consists of 321 apartments comprising 90 x one bedroom, 172 x 2 bedrooms and 58 x 3 bedrooms over lot, described as lot 130 on SP206406 at Christine Avenue Varsity Lakes, subject to comply with following conditions, deal with potable water and sewerage perspectives.”

As such, Gold Coast Water has no objection to the proposed development subject to conditions relating to sewerage and water supply reticulation.

11.7 Engineering Services - Not Applicable

11.8 Plumbing and Drainage - Applicable A copy of the application was referred to Council’s Plumbing & Drainage section for assessment. Council’s Plumbing and Drainage section has no objection to the proposed development subject to conditions relating to sewerage and water supply plumbing works and fire services plumbing works.

11.9 Environmental Assessment - Applicable A copy of the application was referred to Council’s Environmental Assessment section for assessment. The following comments were provided:

“The applicant has stated a 3m buffer of fire retardant vegetation is proposed along the western boundary shared with the significant wetland vegetation refer figure 2 below. These plant species are to be incorporated within appropriate landscape plans, refer Landscape planning memo."


139 Adopted Report


Figure 1: Landscape Masterplan showing plantings along western boundary (refer 22).

Acid Sulphate Soil Management "The applicant is proposing significant single level basements underneath the proposed development to accommodate 375 carparks. As a basement is proposed down to 2m AHD within an area designated as an Acid Sulfate Soils Hazard on overlay map 14 and Disturbed land with probability of ASS, the applicant is required to ensure management of ASS in accordance with SPP 2/02. As such the following conditions of approval are required.”

As such, Council’s Environmental Assessment section has no objection to the proposed development subject to conditions relating to Acid Sulfate Soils Management.

11.10 Operational Works - Not Applicable

11.11 Hydraulics and Water Quality A copy of the application was referred to Council’s Hydraulics and Water Quality Assessment section for assessment. The following comments were provided:

“This is an MCU application for 320 residential apartments. The proposal includes three 6-9 storey apartment buildings with single level basement car parks and associated recreational facilities. Total area of the site is 29,710m2. The site is partially flood affected by Nerang River with a designated flood level of 3.92mAHD.


140 Adopted Report


The site is located within the Varsity Lake Master Plan area. A global stormwater management plan, being “Varsity Lakes Stormwater and Water Quality Management Study, Final Report” dated 12 March 2002 prepared by WBM Oceanics Australia Pty Ltd (iSPOT #13969109; Ref: PN119964/02/DA6). The applicant submitted a stormwater drainage layout plan prepared in line with the previously approved stormwater management plan for the entire Varsity Lakes development area. The plan has proposed a GPT at the stormwater outlet to the lake.

Stormwater detention is not required for any developments within the Varsity Lakes area as all stormwater infrastructure was designed for fully developed catchments, and the constructed lake (Lake Orr) acts as a regional detention basin. This section supports the application subject to the following conditions.”

As such, Council’s Hydraulics and Water Quality Assessment section has no objection to the proposed development subject to conditions relating to hydraulics and stormwater management and erosion and sediment control.

11.12 QLD Fire Rescue - Applicable A copy of the application was referred to Queensland Fire and Rescue for assessment. Queensland Fire and Rescue have approved the submitted Bushfire Management Plan along with conditions of approval relating to compliance with the approved bushfire management plan, road design for fire fighting purposes and water supply requirements.

11.13 Arborist - Not Applicable

11.14 Landscape Assessment - Applicable A copy of the application was referred to Council’s Landscape Assessment section for assessment. Council’s Landscape Assessment section has assessed the application and has no objection to the proposed development subject to conditions relating to further approvals for landscape works on private land.

11.15 Beaches and Water - Not Applicable

11.16 Geotechnical Engineering - Applicable A copy of the application was referred to Council’s Geotechnical Engineering section for assessment. Council’s Geotechnical Engineering section has no objection to the proposed development subject to conditions relating to basement excavation and stability.

11.17 Social Planning - Applicable A copy of the application was referred to Council’s Social Planning section for assessment. The following comments were provided:

“The proposed development is impact assessable and triggers assessment against Planning Scheme Policy 21 – Social and Health Impact Assessment (SHIA Policy) as the development includes Apartments (>more than 100 dwelling units or 250 bedrooms).

Council’s Social and Health Impact Assessment (SHIA) officers have reviewed the development application and consider sufficient information has been provided to inform the recommendation of conditions of approval.”

As such, Council’s Social Planning section has no objection to the proposed development subject to conditions relating to


141 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 11.18 Other Sections of Council - Not Applicable 12 EXTERNAL REFERRALS 12.1 Concurrence agencies Department of State Development, Infrastructure and Planning

The Department of State Development, Infrastructure and Planning were triggered as a Concurrence agency as the proposed development exceeds 200 dwellings and therefore requires referral for state transport related matters. A copy of the application was referred to the department (SARA) for assessment. By letter dated 10 July 2014, the Department of State Development, Infrastructure and Planning provided a response advising no requirements for the proposed development.

12.2 Advice agencies

Not Applicable

13 ADOPTED CHARGE CALCULATIONS

Infrastructure Charge Calculation Charge Calculation Qty Rate Gross Charge Amount Apartment (1 Bedroom)

84 Dwellings @ $20,000.00 $1,680,000.00

Apartment (2 Bedroom)

178 Dwellings @ $20,000.00 $3,560,000.00

Apartment (3 Bedroom)

58 Dwellings @ $28,000.00 $1,624,000.00

$6,864,000.00

14 ADVERTISING The applicant has submitted a written notice stating that public notification of the application has been completed in accordance with the requirements of the Sustainable Planning Act 2009.

In response to advertising, 2 submissions were received. The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Building Height Example: “I believe there is no other development anywhere on Christine Ave from the Gold Coast Highway to Robina Town Centre which is currently 8 storeys, let alone 9 storeys in height. How the Council could even consider zoning, let alone approving, such an enormous

The zoning or permitted building height for the subject site as approved through the Precinct Concept Plans is not the matter for determination under this application. As noted, the subject site is permitted to have two (2) eight storey feature buildings as per the approved Precinct Concept Plans and an approval has been given for an 8 storey building on the northern portion of the site. Although the proposed development will be of a greater scale to existing development surrounding the lake, such scale is already set and may be established through a Code Assessable application which would not require public notification.


142 Adopted Report


Point of objection Officer’s comment development in this location defies understanding. The entire length of Christine Ave is currently populated by low rise, residential development and some low rise commercial development. Two storeys being the max.” “The proposed development in no way fits in with the local area due to the proposed height of this project, it is totally out of character.”

As discussed above, the additional height of the development compared to that permitted for the site is not considered to be a significant increase that would create a visual impact at the cost of the local area. Therefore based on the grounds provided in the report above, it is not considered that this point of objection is a valid ground for the refusal of the application.

Pedestrian Connectivity Example: “Currently, there is an unsealed pedestrian and cycle link leading from the roundabout on Christine Ave, then along and adjacent to the wetland stormwater filtration system at the western border of this proposed development, then leading to and joining with the existing boardwalk over the stormwater outlet drain at the western end of Lake Orr. I accept this is currently a crude, unsealed path. However, this access way has been in situ for more than 10 years and has become a thoroughfare used constantly on a daily basis by a large number of adults and children, either walking alone, walking in groups, walking with their dogs or riding their bikes. Residents will no longer have this seamless, direct access once this development goes ahead. The existing direct access pedestrian and cycle link at the south western end of Lake Orr completely disappears with this development.”

The current unsealed pedestrian and cycle link which leads from the roundabout on Christine Ave to the existing boardwalk to the north traverses over private land without any formal consent and therefore represents trespassing. In accordance with the approved Precinct Concept Plans for the site, pedestrian connectivity is intended to be provided adjacent the lakes edge as proposed by the applicant. Such connection will be provided to connect with the existing pedestrian network to the north, east and south and will be design to an appropriate standard to accommodate both pedestrians and cyclists as well as providing for disability access. As a pedestrian connection is identified for the site, it is not considered warranted to require further land dedication outside the statutory requirements for the site. As such, this point of objection is not considered to warrant the refusal or amendments to the development proposal.


143 Adopted Report


Point of objection Officer’s comment Traffic Example: “With this new development, there will, at times, potentially be hundreds of cars attempting to enter this roundabout on the northern side causing a greater, and dangerous traffic hazard and more traffic congestion. It will also be less safe for cyclists using the cycle lane on both sides of Christine Ave and pedestrians crossing Christine Ave.”

Traffic engineers have determined that the development will have a relatively low traffic generation in the context of Christine Avenue and the adjacent roundabout having consideration to the 4 lane design of Christine Avenue in this location. A detailed traffic assessment was not considered warranted for the proposed development as the anticipated traffic volumes are considered to be adequately accommodated within the existing road network.

As such, this point of objection is not considered to be a valid ground for the refusal of the application.

Parking Example: “The land area is relatively small and if there are to be 320 dwellings, where are cars to be parked?”

The proposed development provides car parking on site in excess of the car parking requirements as specified within the Car Parking Constraint Code of the Planning Scheme, providing an additional 90 spaces than required by this code.

As such, this point of objection is not considered to be a valid ground for the refusal of the application.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL

Not Applicable

16 CONCLUSION

The subject application is for a Material Change of Use for Apartments on the subject site located at Christine Avenue, Varsity Lakes or otherwise described as Lot 130 on SP206406. The subject site is located in an area contained within the Varsity Lakes Concept Plan 5 and is located within two (2) approved Precinct Concept Plans being the South Bank West and Southern Area Precinct A1 Precinct Concept Plans. Pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003, the subject site is located within the Emerging Communities Domain. In accordance with the table of development for the Emerging Communities Domain, development consistent with the Varsity Lakes Concept Plan is seen as lawful and triggers Code Assessment. However as the proposed development exceeds the building height and density provisions of the concept plan, the proposed development is subject to Impact Assessment.

As previously discussed, the proposal has been assessed against the applicable planning criteria as approved through the Varsity Lakes Concept Plan being the South Bank West and Southern Area Precinct A1 Precinct Concept Plan and the applicable codes of the Planning Scheme, including the Emerging Communities Domain, High Rise Residential and Tourist Accommodation and the Landscape Work Specific Development Codes, and the Car Parking, Access and Transport Integration Constraint Code and Flood Affected Areas Constraint Codes.


144 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 An assessment of the proposal has determined that the proposed development does not strictly satisfy the development criteria of the South Bank West and Southern Area Precinct A1 Precinct Concept Plans with regard to building height and therefore a merits based assessment is required against the desired outcomes of the Planning Scheme. Such assessment has determined that the proposed height is generally consistent with the scale of development planned for the site as reflected within the approved Precinct Concept Plans. The additional height proposed for the site is not considered to result in a significant visual impact, with the proposal considered to be of a suitable design and of a scale that is not significantly greater to that permitted for the site. Furthermore, the additional building height proposed for the site does not result in additional amenity impacts to neighbouring development with the positioning of the site benefitting from separation to adjoining residential development. When considered against the relevant Desired Environmental Outcomes of the Planning Scheme, the proposed development is considered to be consistent with the DEO’s and would not compromise their achievement.

In response to public advertising, two (2) submissions were received. The main points of objection have been discussed in detail and suitable conditions have been included in the Recommendation to address such concerns where appropriate. Furthermore, the concerns raised do not warrant the refusal of the application.

It is therefore considered that the proposed development represents an acceptable outcome for the local area and therefore is recommended for approval, subject to reasonable and relevant conditions contained in the Recommendation below. 17 NOTIFICATIONS The following notifications should be registered on the rates card in relations to this resolution:

Bushfire Management There are development approval conditions applicable in relation to bushfire management on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

Noise/Acoustic There are development approval conditions applicable in relation to acoustic issues on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

Stormwater (Management Plan) There is a Stormwater Management Plan in regard to this lot. All property owner(s) must ensure compliance with the Stormwater Management Plan. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.


145 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolve that: Real property description Lot 130 on SP206406 Address of property Christine Avenue Varsity Lakes Area of property 29,710m² Decision type Development Permit for a Material Change of Use

(Impact Assessment) for Apartments (320 dwellings) Further development permits Reconfiguration of a Lot

Operational Works (Civil Works) Operational Works (Public Landscaping) Operational Works (Private Landscaping) Building Works

Further compliance permits Plumbing and Drainage Works Compliance assessment required for documents or works

Open Space Management Plan Acid Sulfate Soils Management Plan Dewatering Management Plan

NATURE OF DECISION

B Council approves the issue of a development permit for material change of use for Apartments (320 dwellings), subject to the following conditions:

APPROVED DRAWINGS


Plan No. Rev. Title Date Prepared by 7.1 A Overall Site – Site

Master Plan August 2014 Andrew Halsted Architect

7.2 A Overall Site – Flood Line Location

August 2014 Andrew Halsted Architect

7.3 A Overall Site - Basement August 2014 Andrew Halsted Architect

7.4 A Overall Site – Ground Floor


7.5 A Overall Site - Section August 2014 Andrew Halsted Architect

7.6 A Building A - Basement August 2014 Andrew Halsted Architect

7.7 A Building A – Level 1 August 2014 Andrew Halsted Architect

7.8 A Building A – Typical Level 2-7




146 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Plan No. Rev. Title Date Prepared by 7.10 A Building A – Level 9 August 2014 Andrew Halsted Architect

7.11 A Building A - Roof August 2014 Andrew Halsted Architect

7.12 A Building A – West Elevation


7.13 A Building A – East Elevation


7.14 A Building A – South Elevation


7.15 A Building A – North Elevation


7.16 A Building A – Section & Ramp Detail


7.17 A Building B – Basement & Ramp Detail


7.18 A Building B – Level 1 August 2014 Andrew Halsted Architect

7.19 A Building B – Level 2-7 August 2014 Andrew Halsted Architect



7.22 A Building B - Roof August 2014 Andrew Halsted Architect

7.23 A Building B – West Elevation


7.24 A Building B – East Elevation


7.25 A Building B – South Elevation


7.26 A Building B – North Elevation


7.27 A Building B - Section August 2014 Andrew Halsted Architect

7.28 A Building C – Basement & Ramp Detail


7.29 A Building C – Level 1 August 2014 Andrew Halsted Architect



7.32 A Building C – Level 4-5 August 2014 Andrew Halsted Architect


7.34 A Building C – Roof August 2014 Andrew Halsted Architect

7.35 A Building C – Elevations (Sheet 1)




7.37 A Building C - Section August 2014 Andrew Halsted Architect


147 Adopted Report


Plan No. Rev. Title Date Prepared by 7.38 A Recreation Building –

Level 1 & Roof August 2014 Andrew Halsted Architect

7.39 A Recreation Building - Elevations


7.40 A Recreation Building - Section


showing the following amendments: i Amend the triangular island on the access driveway to Building C to include

a refuge for pedestrians. ii Show a grade of 1 in 20 (5%) for a length of 6 metres prior to the pedestrian

crossing point at the top of the vehicular basement ramps to Buildings B and C.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i Issue of a development permit for the carrying out of building work.


2 Decision notice and approved plans/drawings to be submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any operational works application relating to or arising from this development approval.




4 Notice of works timetable The applicant must give Council written notice of the following: a Application number; b Site address; c Name and telephone number (work and after hours) of

the project manager and the site owner; d Works intended to be carried out; e The proposed timetable associated with the works,

Timing After successful completion of any pre-start inspections required by conditions of this or other development approvals and at least 5 business days prior to commencement of


148 Adopted Report



The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.

any works on site.

5 Dedication/Transfer of land – Reconfiguring a lot application required a The dedication/transfer of land (for road / park purposes

or sewerage pump station / reservoir site) proposed by the applicant will result in the ‘Rearranging the boundaries of a lot by registering a plan of subdivision’. As this is defined in the Sustainable Planning Act (SPA) as ‘Reconfiguring a lot’, a Reconfiguring a lot (ROL) application for the new lot and land dedication/transfer must be lodged and approved by Council.

b The subdivision plan must be to the satisfaction of the Chief Executive Officer, and at no cost to Council.

c The applicant must provide evidence to Council that the subdivision plan has been registered with the Department of Natural Resources and Mines.

Timing Prior to Council’s compliance assessment of the subdivision plan or prior to commencement of the use on the site, whichever occurs first.

6 Staging plan If the development is proposed to be constructed in a staged manner, a staging plan must be submitted to and approved by Council showing all stages (in order) of the development, inclusive of car parking, landscaping and communal open space areas.

Timing Prior to the issue of a development permit for Operational Works.


7 Off street facilities for car parking and loading/unloading Off-street facilities for car parking and loading and unloading must be designed, constructed and maintained at all times in accordance with the following: a A minimum of 375 off-street car parking spaces must be

provided, comprising 340 spaces for residents and 35 spaces for visitors;

b The off-street facilities for parking and loading/unloading (including all access driveways, circulation roadways, parking aisles, parking spaces, service areas and

Timing Prior to the commencement of the use and maintained at all times from commencement of use.


149 Adopted Report


landscaping) must be in accordance with: i The approved plans; and ii AS/NZS 2890.1:2004 Parking facilities - Off-street

car parking; and iii AS2890.2-2002 Parking facilities – Off-street

commercial vehicle facilities. c The off-street facilities for parking must only be used for

vehicle parking and the off-street facilities for loading/unloading must only be used for short-term loading and unloading of vehicles.

d The off-street facilities for car parking must be drained, sealed and line marked to a reasonable standard acceptable to a RPEQ qualified engineer.


8 Tandem car parking spaces Tandem car parking spaces must be allocated to residents of the same unit only.


9 Freely accessible visitor car parking All car parking spaces for visitors must be freely accessible to bona fide visitors for the duration of any visit to the site. Car parking spaces for visitors must have no gateways, doors or similar devices which restrict vehicular access.


10 Signs and line marking In addition to the signs and line marking required by AS/NZS 2890.1:2004 Parking facilities - Off-street car parking, the following must be installed and maintained to the satisfaction of the Chief Executive Officer: a Standard Service Sign Series ‘P’ sign, to indicate the

location of visitor car parking, in accordance with the Manual of Uniform Traffic Control Devices, Department of Main Roads, Queensland – Part 15: Guide signs; and

b Signs to mark car parking spaces which are provided for disabled drivers, motorcycles and special zones, such as bus zones.


11 Visitor car parking spaces Visitor car parking spaces must be clearly identifiable through the provision of appropriate line marking and signage and constructed to the satisfaction of the Chief Executive Officer.

Timing Prior to the commencement of the use of the premises and then maintained at all times.


150 Adopted Report



12 Community titles scheme internal (private) roads/driveways a The absolute maximum gradient of the internal (private)

roads must not exceed 17%. The absolute maximum gradient of the driveways must not exceed 25% for a length of no more than 20 metres or 20% for lengths greater than 20 metres.

b The pavement for driveways must be constructed using concrete or an unbound pavement material (crushed rock or soil aggregate paving material) and surfaced with asphalt.

c The design and construction of the pavement for internal (private) roads must comply with AS 3727-1993 Guide to residential pavements and AS2890. 1-2004 Parking facilities Part 1: Off-street car parking.

d The pavement construction for internal (private) roads must be supervised and certified by a Registered Professional Engineer Queensland (RPEQ) and the certification provided to Council.

Timing The RPEQ certification must be provided to Council prior to the commencement of the use on the subject lot.

STREET LIGHTING

13 Street lighting to internal (private) roads – design and installation a The applicant must design and install a street lighting

system (including connections and energising) to the internal (private) roads, at no cost to Council.

b The street lighting system must meet the following design and installation requirements: i Achieve a minimum lighting level of Category P4

lighting in accordance with AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting – Performance and design requirements;

ii Associated wiring must be installed underground and be in accordance with AS/NZS 3000 Electrical Installations (Wiring Rules); and

iii Be acceptable to the electricity supplier (eg. ENERGEX) as ‘metered or unmetered lighting’.

c The street lighting system must be maintained by the Body Corporate.

d The applicant must provide to Council a certification from a Registered Professional Engineer Queensland (RPEQ) (who specialises in electrical reticulation and street lighting) that the works have been completed in accordance with the requirements of this condition.



151 Adopted Report



14 Electricity supply a The applicant must submit to Council a copy of the

‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply is available to the development site and all proposed dwellings within the site (i.e. sufficient for the ultimate use of the site).

b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.


TELECOMMUNICATIONS

15 Telecommunications The applicant must: a Provide underground telecommunications to the subject

building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice.

b If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

c Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).


CRIME PREVENTION

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)

16 Casual Surveillance The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles to ensure clear sightlines are maintained and to promote opportunities for casual surveillance. This is to include, but is not limited to: a Visibility through vegetation to be clear between the

height of 0.6m and 1.8m adjacent to pedestrian routes and bicycle routes within the development;

b Footpaths must be safe for pedestrian users and must: i Optimise informal surveillance and activity;



152 Adopted Report


ii Provide unimpeded sight lines; and iii Avoid concealment spots, dead ends and blind

corners.

17 Fencing and walls within development designed to promote casual surveillance Any fencing (except where an acoustic barrier is required) that exceeds 1.2m in height that is designed and constructed on property boundaries, or adjacent to communal open space, must have permanent visibility through at least 50% of the surface area.


18 Lighting design and installation to promote community safety a The applicant must design, install and maintain a

lighting system (including connections and energising) to illuminate areas intended for night time use (including all pathways and car parking areas external to the building), at no cost to Council.

b The lighting system must meet the following design and installation requirements: i Achieve a minimum lighting level in accordance

with Australian Standard AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting – Performance and design requirements as follows: A For all pathways and cycleways meet the

appropriate category as set out in Table 2.2 of AS1158.3.1 (i.e. Categories P1 to P4).

B For all car parking areas (external to the building): meet the appropriate category as set out in Table 2.5 of AS1158.3.1 (i.e. Categories P11a, b, c and P12).

C Include vandal resistant fixtures; ii Associated wiring must be installed underground

and be in accordance with AS/NZS 3000 Electrical Installations (Wiring Rules); and

iii Be acceptable to the electrical supplier (e.g. ENERGEX) as ‘metered or unmetered lighting’.

c The lighting system must be maintained by the owner/Body Corporate.

d The applicant must provide to Council, a certification from a suitably qualified electrical engineer (who specialises in electrical reticulation and lighting) that the works have been completed in accordance with the requirements of this condition.

Timing Prior to the earlier of compliance assessment or commencement of the use on the site.


153 Adopted Report


Note: To reduce opportunities for vandalism, it is recommended that lighting be mounted at least 3 metres above ground level.

19 Detailed design of built elements to incorporate graffiti prevention principles The applicant must apply graffiti prevention principles to reduce opportunities for graffiti by restricting access to available surfaces, maximising opportunities for casual surveillance, and/or facilitating easy repair. This is to include, but not be limited to, the following design requirements: a The owner/Body Corporate shall remove or cover any

graffiti placed on temporary or permanent structures, to the satisfaction of the Chief Executive Officer.

b Vegetation shall be planted against building walls and fences where possible (without creating concealment areas).

c Any sensor lighting installed shall include vandal resistant features.

For further information, the applicant is requested to visit www.goldcoast.qld.gov.au/preventgraffiti


AMENITY

20 No nuisance from lighting All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause: a glare or other nuisance to surrounding residents and

motorists; b a navigation hazard on any nearby or adjacent

waterway.




WASTE

22 Waste chute – design and construction The waste chute must be located in accordance with ‘Overall Site – Basement’ and ‘Overall Site – Ground Floor’ prepared by ‘AH’ dated August 2014 (Reference No. 7.3 & 7.4), and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste management Guideline for New Developments (2011) as detailed below:

Timing Prior to the occupation of the development


154 Adopted Report


a Adequate strength for its purpose, including additional reinforcing where necessary at joins, bends and hopper intersections,

b Insect and vermin proof c Constructed and installed to prevent the following

during use and operation of the system: i Transmission of vibration to the structure of the

premises ii Excessive odour iii Excessive noise to the occupants of the building

d Installed in a fire rated duct and ventilated in compliance with building requirements of the Building Code of Australia

e Comply with the waste chute manufacturer’s technical specifications and /or operational limitations, including installation design features and ancillary equipment required to prevent blockages and noise disturbances, to achieve compliance with the section

f Fitted with a shutter at the base of the chute for closing off the chute manually during bin exchange and automatically in the case of fire

23 Waste disposal points – design and construction A waste disposal point / hopper must be located on each residential floor in accordance with ‘Overall Site – Basement’ and ‘Overall Site – Ground Floor’ prepared by ‘AH’ dated August 2014 (Reference No. 7.3 & 7.4), and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Located to ensure the handle of the hopper is at least

1200 millimetres above finished floor level b Hopper door must automatically return to the closed

position after use c Designed to permit free flow of waste into the chute d Constructed so that the diameter or largest dimension

of the service opening (the diagonal of a rectangular opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected

e The floor adjacent to the hopper to be paved with a durable impervious material with a smooth finished surface



155 Adopted Report


24 Waste storage room – design and construction The waste storage room must be located in accordance with ‘Overall Site – Basement’ and ‘Overall Site – Ground Floor’ prepared by ‘AH’ dated August 2014 (Reference No. 7.3 & 7.4), and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Fire rated and ventilated in accordance with the

Building Code of Australia b Insect and vermin proof c The doors must be wide enough to allow for the easy

removal of the largest container to be stored d The walls, ceiling, floor and equipment of each waste

storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning

e The floor must be a constructed hardstand area and graded to fall to a drainage point/s connected to sewer in accordance with trade waste requirements

f Adequate additional space must be provided for compactors (if applicable)

g Adequate artificial lighting must be provided h Refrigerated rooms must be fitted with an approved

alarm device outside, but controllable only from within the room

i Must not be located adjacent to or within any habitable portion of a building or place used in connection with food preparation (including food storage)

j A hose cock must be provided immediately outside the room for cleaning bins and the room

k Must permit unobstructed access for removal of the containers to the service point and for positioning of the containers correctly in relation to the waste chute


25 Additional Recyclable Storage Adequate storage for recyclable waste must be provided. All users must be able to safety and easily access these area/s.


26 Bulk bins – Servicing Point The bulk bin servicing point must be located in accordance with ‘Overall Site – Site Master Plan’ prepared by ‘AH’ dated August 2014 (Reference No. 7.1), and be designed and constructed in compliance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below:



156 Adopted Report


a Sufficient access and clearance for the waste collection vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle

b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas

c Clear of speed control devices or similar provisions which inhibit direct access to the bins for servicing

d Constructed hardstand with a solid concrete base or acceptable equivalent

e Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser

f Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site

ACOUSTICS

27 Acoustic design and construction / compliance report The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by Acoustics RB Pty Ltd dated June 2014 (Reference No. 08-058.R06). Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council prior to Building Approval. Prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

As indicated within the wording of the condition

28 Acoustic report required prior to building approval An acoustic report must be submitted and approved by Council prior to Building Approval. The report shall include: a The expected impact of noise from Christine Avenue on

the noise sensitive development b Assessment of the impact of traffic noise (including

external areas) against the applicable criteria, in accordance with AS2107 - Acoustics – Recommended

Prior to Building Approval


157 Adopted Report


Design Sound Levels and Reverberation Times for Building Interiors and AS3671 - Acoustics – Road Traffic Noise Intrusion – Building Siting and Construction; and



29 Acoustic report required prior to building approval An acoustic report must be submitted and approved by Council prior to Building Approval. The report shall include: a The expected impact of noise from mechanical plant

and equipment on the nearest noise sensitive developments. Current measured background levels during the proposed hours of operation must be undertaken and all monitoring data & locations, methodology and calculations must be provided;

b Assessment of all noise sources (e.g. mechanical plant and equipment) against the ‘Environmental Protection (Noise) Policy 2008’, and any other relevant policies / guidelines.









Landscape Intent, being Christine Avenue, Varsity Lakes Landscape Design Intent, Rev: DA03, Dwg: 140511, Date: 12 Aug 14, By: Form Landscape Architects;



158 Adopted Report




31 The required landscaping plan must also demonstrate the following: a Tree species must be minimum bag size of 100 litres at

the time of planting; b Palm species must be a minimum 3 metres in height at

the time of planting; c Screening shrub planting must be provided to the

basement wall where it extends above ground; d Screen planting must be provided to the reserve in

order to screen out the view of the fence to the boundary with the reserve;

e Ensure plant selection and the composition of turf/ planting areas are selected taking into account the extent of deep shading; and

f Trees planted on top of the basement in planter boxes must be provided with sufficient soil volume to successfully establish and maintain long term health. A horticulturally sound formula must be used for calculating the required soil volume and sizing planter boxes where trees are to be planted.

32 Frontage Fencing Any frontage fences must be located and constructed as per Dwg: 140511 – 04, Fences & Walls, DA03, Date: 12 AUG 14, by Form;



159 Adopted Report


OPEN SPACE

33 Transfer of open space a The applicant must transfer to Council the areas of public open space listed

below, as identified on the plans indicated (subject to any amendments required by these conditions):

Purpose Description on Plan Plan Reference Linkage Park Linkage Park (4.5m

wide X 380m in length) 1710m2

Plan no. 6.10, rev. A, Park Dedication Area, dated August 2014, prepared by AH Architect; and Plan no. DA03, Landscape Design Masterplan, dated 12 August 2014, prepared by Landscape Architects

b The land identified in paragraph (a) must be transferred

in fee simple as ‘Public Open Space’ to Council of the City of Gold Coast as Trustee.

c Council will hold the land in trust for community infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the purpose for which the land is transferred.

d The applicant must lodge the transfer documents with Council.

e The transfer of the land to Council must be at no cost to Council.

f This condition is imposed in accordance with section 647(2) of the Sustainable Planning Act 2009.

Timing Transfer documents are to be lodged with Council at:

a The same time as lodgement of the subdivision plans, or

b If no subdivision plans are required, prior to the commencement of the use.

Where subdivision plans are required, the applicant must provide Council with evidence of the transfer of the land identified in paragraph (a) within 30 days of the registration of the subdivision plan that shows the entirety of the land identified in paragraph (a).


160 Adopted Report




Purpose Description on Plan Plan Reference Landscape Amenity Park Lake bed, bank batter,

lake edge revetment wall – 4953m².







f This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.




Where subdivision plans are required, the applicant must provide Council with evidence of the transfer of the land identified in paragraph (a) within 30 days of the registration of the subdivision plan that shows the entirety of the land identified in paragraph (a).


161 Adopted Report


35 Concrete Pedestrian Path a A 2.5m wide concrete pedestrian path must be installed

on the flat land between the lake edge and the bank adjoining the development footprint.

b The 2.5m wide concrete pedestrian path must connect to the existing footbridge on the lake weir on the northern extent of the development site and connect with the existing pedestrian network on the south-eastern corner of the development site.

c A landscape edge treatment must be installed on either side of the pedestrian path consisting of turf or garden bed.

d The path configuration shall be generally in accordance with Park Dedication Area and Landscape Masterplan, RFI Response Issue A, dated 5 September 2014 by Form Landscape Architects plan Job 365800

e This condition is imposed in accordance with section 647 of the Sustainable Planning Act 2009.

Timing Prior to the transfer of public open space.

36 Preparation of open space management plan (OSMP) a An open space management plan (‘OSMP’) must be

prepared, addressing all areas of land to be transferred to Council or that must be publicly accessible.

b The OSMP must be prepared by a suitably qualified professional and must be: i In accordance with Council’s Open Space

Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1); and

ii Generally in accordance with: A The Open Space Management Statement

(being Landscape Design Report, Christine Avenue, Varsity Lakes, Astoria Group, dated 5 September 2014, DA03 written by Form Landscape Architects).

B The approved reconfiguration layout (including any amendments required by these conditions).

C Relevant conditions of approval. c The submitted OSMP must demonstrate compliance

with the Open Space requirements in Section 6 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and must address the following site-specific issues:



162 Adopted Report


i The estimated 5-year, 50-year and 100-year ARI flood levels on the site. The OSMP must demonstrate that any proposed public open space for recreational purposes complies with the minimum post-development flood immunity requirements in Table 1-37 (Minimum Post- Development Flood Immunity) in the Priority Infrastructure Plan.

ii Provide 3 indicative cross-sections from Lake Orr to the boardwalk and embankment through to the private space detailing the relationship of any revetment walls to the boardwalk and connection of public and private open space.

iii Provide indicative fencing detail for common boundaries between public open space and private land including treatment to amphitheatre area.

37 Compliance assessment of OSMP The OSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed The planning scheme’s Change to Ground Level and

Creation of New Waterbodies Specific Development Code;

The planning scheme’s Reconfiguring a Lot Specific Development Code;

The planning scheme’s Landscape Works Specific Development Code;

The planning scheme’s Vegetation Management Specific Development Code;

The planning scheme’s Works for Infrastructure Specific Development Code;

The planning scheme’s Bushfire Management Areas Constraint Code;

The planning scheme’s Canals and Waterways Constraint Code;

The planning scheme Car Parking, Access and Transport Integration Constraint Code;

The planning scheme’s Cultural Heritage (Indigenous) Constraint Code;


163 Adopted Report


The planning scheme’s Natural Wetland Areas and Natural Waterways Constraint Code;

The planning scheme’s Nature Conservation Constraint Code;

The planning scheme’s Ocean Front Land Constraint Code;

Planning Scheme Policy 6 – Entry Statement; Policy 10 – Guidelines for Preparing Management Plans

and Plans of Development; Planning Scheme Policy 11 – Land Development

Guidelines; Planning Scheme Policy 12 and 13 – Landscape Works

Documentation Manual; Planning Scheme Policy 15 – Management of Coastal

Dune Areas; Planning Scheme Policy 17 – Site Analysis; and Council’s Open Space Management Guideline: Guideline

for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1).

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Prior to the approval of any development applications for operational work (inclusive of change to ground level, works for infrastructure, vegetation clearing or landscape work).

The OSMP is not an approved report until a compliance certificate has been issued in respect of it.

38 Compliance certificate with future operational work development applications A copy of compliance certificate for the OSMP must be provided with any future operational work development applications.

39 Compliance with OSMP prior to acceptance of open space ‘On Maintenance’ a All works specified in the OSMP and any conditions

imposed on the compliance certificate must be carried out in accordance with the approved plan at no cost to Council and to the satisfaction of the Chief Executive Officer, prior to Council accepting the open space ‘On Maintenance’ in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.


164 Adopted Report


b The applicant must provide certification from a qualified professional that all works in the approved OSMP and associated design drawings have been implemented on-site in accordance with the OSMP and the conditions of approval as stated on the compliance certificate approving the OSMP. This certification must be provided to the Council prior to accepting the works ‘On Maintenance’.

40 Endorsement of concepts The contents of the Open Space Management Statement (‘OSMS’), Open Space Management Plan (‘OSMP’) and Statement of Landscape Intent (‘SLI’) referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed OSMS, OSMP and SLI.


41 Detailed landscape plans for public open space to be submitted for approval a The applicant must submit to Council for approval

detailed landscape plans, by making a development application for operational work (public landscape work).

b Landscape works must not commence on the site until Council has issued a development permit for operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch.

c Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i be prepared by a qualified landscape architect or

similar landscape design professional; A be in general accordance with the

Statement of Landscape Intent, being The Open Space Management Statement (being Landscape Design Report, Christine Avenue, Varsity Lakes, Astoria Group, dated 12 August 2014, DA03 written by Form Landscape Architects);

ii be in general accordance with the approved Open Space Management Plan;

iii reflect the approved layout (including any amendments to that layout required by these conditions) and the conditions of this approval;

iv comply with Planning Scheme Policy 13 -

Timing Prior to any landscape works occurring.


165 Adopted Report


Landscape Strategy Part 2 - Landscape Works Documentation Manual;

v for works in the road reserve – comply with the following requirements: A Trees must not be aligned with side

boundaries or where underground services are located;

B Tree planting must be set back a minimum of one metre from the nominal kerb line;

C Trees must be a single-trunked canopy shade species able to attain a clear trunk height of 1800 mm on maturity;

D Trees must be kept a minimum distance of two metres laterally from inlet gullies;

E Trees must not be planted within twenty metres of the approach side and six metres of the departure side of intersections that are not equipped with traffic signals;

F All built structures associated with an entry statement must be located within private property. Planting associated with the entry statement is acceptable in the road reserve area only where it achieves the requirements of Planning Scheme Policy 13 - Landscape Strategy Part 2 - Landscape Works Documentation Manual and Planning Scheme Policy 6: Entry Statements; and

vi for all public open space areas – comply with the following requirements: A Compliance with Planning Scheme Policy

11 – Land Development Guidelines, Standard Specifications and Drawings must be demonstrated;

B Details of all landscape works including new planting, rehabilitation works, built structures, stormwater treatment devices and wetland areas must be provided;

C All batters to public open space must be constructed to a slope no steeper than 1:6;

D All paved areas, including car park areas and shelters, are to be designed to accommodate disability access;

E Trails and boardwalks are to be designed in accordance with the Gold Coast City Council Recreation Trail Design Guidelines (minute no. R03.0213.012/G03.0221.022);


166 Adopted Report


d The landscape works must be constructed in accordance with the approved landscape plan.

Timing Compliance with (d) to occur prior to the commencement of the use of the premises.

42 ‘Pre-start’ inspection required The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

Timing Prior to the commencement of approved landscape works on site.

43 Establishment period for open space a Upon completion of the landscape works in accordance

with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

b The applicant is responsible for the establishment of all living components of public open space, to the satisfaction of the Chief Executive Officer, for the duration of a twelve] month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with section 6 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

c Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’: i rectify any defects arising from substandard

workmanship; ii replace any planted vegetation of poor quality or

inappropriate species where used instead of specified species; and

iii maintain all components and their environs.


44 ‘On Maintenance’ period for open space a Upon satisfactory completion of the ‘Establishment’

period and Council notifying the applicant that the public open space has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a 12 month ‘On Maintenance’ period in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.



167 Adopted Report


b Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for: i Maintaining open space areas; and ii For the rectification of defects and any damage

that occurs, unless the damage is directly attributable to Council activities.

45 Boundary between transferred open space and private land a The applicant must clearly delineate all boundaries

between public open space to be transferred to Council and private land.

b Details of any fencing or bollards used to delineate boundaries between public open space to be transferred to Council and private land is to be submitted for approval as part of detailed landscape plans for public open space.

c Any fencing must be a maximum height of 1.8 metres, a minimum height of 1.2 metres and be of an open style with a minimum 50% transparency.


46 Vehicle exclusion barriers to be provided a All public open space to be transferred to Council,

including pump stations, easements and road verge setbacks, must be: i bordered by vehicle exclusion barriers; ii where necessary, fitted with a standard park

access gate which must be fitted with an anti-vandal box in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings to restrict unauthorised vehicle access; and

iii within natural areas and where a vehicle will face downhill towards a gate, for safety reasons the anti-vandal box must be located on the driver’s side of the gate (optional).

b These vehicle exclusion barriers must be installed on the park boundary and where possible within mulched, edged garden beds/planting areas to reduce maintenance in and around the barriers.

c Low growing planting areas and/or soft-scaping features do not constitute vehicle exclusion devices.

Timing


168 Adopted Report


47 Preparation of maintenance management plan a A maintenance management plan (‘MMP’) for all land

identified as Park Dedication in the plans specified in conditions 33 and 34 (Land to be transferred as Public Open Space) of this development approval must be prepared.

b The MMP must accurately reflect the final, on ground layout of all land identified in paragraph (a) and identify the most appropriate maintenance regimes for these areas.

c The MMP must be prepared by a suitably qualified professional.

d The MMP must be in accordance with Council’s Open Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1).

48 Compliance assessment of MMP The MMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed The planning scheme’s Change to Ground Level and


The planning scheme’s Reconfiguring a Lot Specific Development Code;

The planning scheme’s Landscape Works Specific Development Code;

The planning scheme’s Vegetation Management Specific Development Code;

The planning scheme’s Works for Infrastructure Specific Development Code;

The planning scheme’s Bushfire Management Areas Constraint Code;

The planning scheme’s Canals and Waterways Constraint Code;

The planning scheme Car Parking, Access and Transport Integration Constraint Code;

The planning scheme’s Cultural Heritage (Indigenous) Constraint Code;



169 Adopted Report


The planning scheme’s Natural Wetland Areas and Natural Waterways Constraint Code;

The planning scheme’s Nature Conservation Constraint Code;

The planning scheme’s Ocean Front Land Constraint Code;

Planning Scheme Policy 6 – Entry Statement; Policy 10 – Guidelines for Preparing Management Plans

and Plans of Development; Planning Scheme Policy 11 – Land Development

Guidelines; Planning Scheme Policy 12 and 13 – Landscape Works

Documentation Manual; Planning Scheme Policy 15 – Management of Coastal

Dune Areas; Planning Scheme Policy 17 – Site Analysis; and Council’s Open Space Management Guideline: Guideline

for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1).

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made A minimum of six weeks prior to the ‘On Maintenance’ inspection for the open space.

The MMP is not an approved plan until a compliance certificate has been issued in respect of it.

ACID SULFATE SOILS (ASS)

49 Excavation/filling requiring consideration of acid sulfate soil If the proposed development will affect soils below 5m AHD and involves either: a The excavation of 100m3 or more of soil or sediment; or b The filling of land involving 500m3 or more of material

with an average depth of 0.5m or greater, the following conditions in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with.



170 Adopted Report


50 Acid sulfate soil investigation An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following: a The presence/absence of acid sulfate soils over the

entire excavation area (ie. through soil investigations); b The degree (ie. concentration) of acid leachate

generating potential of soils; c The required soil dosage rates and quantity of lime


features.

51 Preparation of acid sulfate soil management plan At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with: a The Queensland Acid Sulfate Soil Technical Manual


52 Compliance assessment of acid sulfate soil management plan The ASSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed pursuant to Condition Acid sulfate soil investigation (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed

State Planning Policy; The planning scheme’s Changes to Ground Level and

Creation of New Waterbodies Specific Development Code; and



171 Adopted Report






53 Compliance certificate with future operational work development applications A copy of the compliance certificate for the acid sulfate soil management plan must be provided with any future operational work development applications for landscape works.

54 Appointment of acid sulfate treatment professional A suitably qualified and experienced professional with relevant experience in this field must be appointed to supervise: a The treatment of all acid sulfate soils; b Stock piling; c Monitoring; d Verification testing of the soil; and e Other items as appropriate in accordance with the

approved Acid Sulfate Management Plan.

Timing At all times during construction works.

55 Pre-start meeting – acid sulfate soil requirements The applicant must arrange and attend an on-site pre-start meeting with Council Environmental Planners. The contact officer is Sharon Dyer (5582 8238). The following items are to be submitted prior to the booking or undertaken in conjunction with the booking of the pre-start meeting: a All applicable requirements of the approved Acid

Sulfate Soil Management Plan; b The location of treatment pads are to be marked on

site; and c The emergency fine agricultural lime must be on site at

the time of pre-start meeting (minimum 5 tonnes).

Timing Prior to or in conjunction with the booking and undertaking of the pre-start meeting, and prior to any works commencing on site.


172 Adopted Report


In accordance with condition entitled Appointment of acid sulfate treatment professional above, a suitably qualified and experienced professional in relation to the acid sulfate requirements must be present at the pre-start meeting and all contractors must be made aware of the requirement for works in relation to acid sulfate soils to be undertaken by the experienced professional nominated. Where an inspection is not passed, the applicant must attend to all outstanding issues/unsatisfactory items and book a re-inspection with Council.

56 Certification of Acid Sulfate Soil Treatment

The Applicant must provide certification, from a qualified and experienced professional that supervised the treatment of the soil, that all material excavated from the site has been treated and verified in accordance with the approved Acid Sulfate Soil Management Plan. The certification is to be submitted to Council, and approved by the Chief Executive Officer, within one month of cessation of excavation works.


BUSHFIRE MANAGEMENT

57 Bushfire management plan must be complied with a All development carried out must be in accordance with

the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Rescue Service Cover Sheet, being Bushfire Management Plan Lot 130 SP206406 Lot 130 Christine Avenue, A 300377, dated June 2014, prepared by Bushfire Risk Reducers.

b All measures required by the approved BMP must be implemented prior to the commencement of the use of the premises.

c The approved BMP must be complied with at all times for the life of the development and the use of the premises.


58 Certification of compliance with approved bushfire management plan The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing This certification must be provided to Council prior to the commencement of the use of the premises.

59 Bushfire management information for new purchasers The applicant must provide a copy of the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Rescue Service Cover Sheet to each new purchaser and, in the case of a community titles scheme, the BMP must also be referenced in the Community Management Statement, so

Timing Prior to the transfer or sale of property.


173 Adopted Report


that each resident is informed about: a The requirement for the approved BMP to be complied

with at all times for the life of the development and the use of the premises;

b The potential bushfire hazard on the site; c Their responsibility for fire management; and d The measures available for ongoing fire hazard

mitigation. 60 Copy of the complete and approved bushfire

management plan The applicant is required to obtain a copy of the complete approved bushfire management plan (BMP) as described above from the Gold Coast City Council. The approved BMP attained from Council is the sole plan to be complied with and distributed to all landowners.


61 Road design to provide access for fire fighters Roads are to be designed and constructed to provide safe access for fire fighters.


62 Water supply requirements for fire fighting (reticulated water supply) For uses involving new or existing buildings with a gross floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times. The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

Timing Prior to the use commencing and then maintained at all times.

63 Deviations require approval Should any changes to the development or site parameters occur, the applicant is responsible for advising the bushfire consultant to ensure that the bushfire management plan (BMP) is not affected by these changes. This is including but not limited to areas of revegetation, conservation, covenants and retained bushland. Where amendments to the development or site parameters are proposed, an amended bushfire management plan (BMP) that takes into account the changes may be required to be lodged. Any such amended plan will be subject to further assessment and approval.



174 Adopted Report


64 Compliance with the recommendations All recommendations made in response to the bushfire management plan (BMP) by the bushfire consultant or Queensland Fire & Rescue Service (QFRS), should be considered as requirements and conditions of approval for this application unless otherwise stated in writing by the Gold Coast City Council. Where there is a conflict, the conditions listed within the BMP apply.


65 Approved bushfire management plan and Council’s decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners.


BASEMENT EXCAVATION

66 Basement excavation and ground anchoring issues In conjunction with any application seeking a development permit for building works, the applicant shall provide the following document(s) to the relevant authority. a Written confirmation signed by the applicant or the

applicant’s consulting engineer (Registered Professional Engineer of Queensland, RPEQ) that the proposed basement excavation/construction does not rely on any works external to the site boundary (e.g. ground anchoring into adjacent properties or road reserves); or

b If the proposed basement excavation does require ground anchoring into adjacent Council maintained road reserves, the applicant must, prior to obtaining a development permit for building works or change to ground level ancillary to building works as approved by a private certifier, or prior to the issue of any operational works approval (change to ground level) by Council, obtain a separate Permit from Council to Interfere with a Road – Temporary Ground Anchors (Subordinate Local Law 11.1 Section 5). The applicant is advised to contact (07) 5582 8866 for lodging an application for this permit. A copy of this permit shall be accompanied with the building works application.

Advisory note:

The installation of any ground anchors into any adjacent private property will require approval of the relevant property owner(s) and is not assessed or approved by Council.

The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor

Timing In conjunction with any application seeking a development permit for building works.


175 Adopted Report


Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.

67 Certification of basement excavation stability The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures have been adequately designed based on existing geotechnical conditions of the site, the excavation batters/supporting structures will achieve a factor of safety greater than 1.5 against geotechnical instabilities; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures.

Timing Prior to the issue of a development permit for building works.

HYDRAULICS AND STORMWATER MANAGEMENT

68 No loss of floodplain storage The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.


69 No worsening of hydraulic conditions The development must be designed and constructed so as to result in: a No increase in peak flow rates downstream from the

site; b No increase in flood levels external to the site; and c No increase in duration of inundation external to the

site that could cause loss or damage.




71 Building floor levels a Building floor levels of habitable rooms must be at least

300mm above the Council's designated flood level. b Building floor levels of garages and non-habitable

rooms, constructed at approximately the same level as the main dwelling and attached to the main dwelling, must be at or above the designated flood level.



176 Adopted Report


c Building floor levels of garages and non-habitable rooms, which are detached from the fabric but within the curtilage of a building and not to be used for storage of goods, can be a maximum of 600mm below the designated flood level.

72 Stormwater management plan to be complied with a The applicant must submit certification from a

Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Varsity Lakes Stormwater and Water Quality Management Study, Final Report: dated 12 March 2002 prepared by WBM Oceanics Australia.

Timing The certification must be submitted prior to the commencement of the use of the premises.

73 GPT in basement car park a A gross pollutant trap (hydrocarbon and litter separator)

must be installed within the underground car park areas to treat water prior to discharging to the existing Council stormwater network.


b Any designated carwash bay will require a trade waste approval prior to the discharge from the premises of any trade waste to Council’s sewerage system.

Timing Compliance with (b) to occur prior to the commencement of the use of the premises.

74 Agreement to remove hydrocarbons for GPT a The applicant must ensure that:

i Hydrocarbons and other waste captured by the gross pollutant trap are regularly removed by an appropriately licensed waste removal entity; and

ii The gross pollutant trap is maintained so that it functions for its intended purpose.

b The applicant must submit to Council evidence that an agreement has been entered into with a licensed waste removal entity for the removal of hydrocarbons/waste in accordance with this condition.


75 Hardstand areas graded towards landscape areas All hardstand areas must be graded towards landscape areas to promote infiltration of stormwater runoff. No impervious runoff is to be diverted to Council's drainage system without proper treatment.



177 Adopted Report


76 Preparation of dewatering management plan Should the basement excavation intercepts the water table (groundwater), a dewatering management plan that includes the following information must be prepared: a The proposed quality of water to be discharged,

including groundwater laboratory test results for the site, covering parameters such as DO, pH, SS, EC, Al & Fe and other site-specific parameters.

b Identification of the extent of in situ potential acid sulfate soils that may be exposed by dewatering or groundwater draw down associated with the proposed works. This can be done by modelling the ‘cone of depression’ associated with any draw down of the water table.

c A map showing the number and location of monitoring bores in relation to site boundaries and areas of significant groundwater disturbance.

d Information set out in the State Planning Policy that describes groundwater chemistry and quality, including seasonal variations where applicable (including direction of flow).

e Information set out in the SPP to demonstrate that there will be negligible effect on other groundwater users and related environments. If this cannot be demonstrated than a full groundwater investigation must be conducted in accordance with the SPP.

f The proposed duration of discharge, including the normal hours of operation.

g Proposed method of dewatering (including approximate layout, use of small bunded cells (preferred) and listing of equipment to be used in the dewatering process). On-site treatment may be necessary prior to discharge. All waters discharged are to comply with the Queensland Water Quality Guidelines 2006 (Note any parameters not identified within the QWQG 2006 are to be taken from the ANZECC Water Quality Guidelines for the Protection of Aquatic Ecosystems).

h A contingency plan outlining proposed methods of treatment for all water quality parameters taking into consideration flow rate, on-site detention capacity and specific water quality parameter.

i Mitigation methods for nuisance odours. j Proposed point of discharge – the proposed maximum

flow rate, the point of discharge and the capacity of receiving stormwater infrastructure.

k Details of any potential recharging methods, incorporating aspects such as type of recharge (ie.



178 Adopted Report


direct injunction or infiltration), quality of water to be recharged, method of water storage prior to discharge, etc).

l Provision for a report to be prepared and submitted to Council on a monthly basis. The report must include, but is not limited to, the following: i Retention methods (ie. holding tank); ii Water quality results; iii Treatment required; iv Status of groundwater (ie. recharge); and v Unforeseen issues (eg. odour) and associated

corrective measures. All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’.

77 Compliance assessment of dewatering management plan The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed State Planning Policy; The planning scheme’s Changes to Ground Level and


Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils; and

Guidelines for Dewatering Management Plan (GCCC, December 2013).

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Before the earlier of: A development application for operational work (inclusive

of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or;

Any works commencing on site. The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it.


179 Adopted Report


78 Compliance certificate with future operational work development applications A copy of the compliance certificate for the dewatering management plan must be provided with any future operational work development application.

79 Works must be carried out in accordance with the approved dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction of the Chief Executive Officer, and at no cost to Council.



designed, implemented and maintained in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

b Sediment control structures (eg. sediment fence) must be place at the base of all materials imported on-site to mitigate any sediment runoff.


d To minimise unvegetated areas: i Construction activities must be staged; ii Filled areas must be turfed or seeded

immediately on completion; and iii No area should remain exposed (unvegetated)

for more than 2 weeks unless construction work is being undertaken on that area.

e All polluted/contaminated water from the site, including dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site.

f The following inspection program must be carried out before the site is fully rehabilitated: i Regular inspections to ensure that adequate

erosion control measures are in place and in good condition both during and after construction;



180 Adopted Report


and ii Inspections after each storm event to assess the

adequacy of the erosion control measures. The applicant must make good any damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.

g Water quality must be monitored in accordance with Section 7.5 of the Best Practice Erosion & Control (IECA Australasia, November 2008) and compared with water quality objectives. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The applicant must notify Council’s Contributed Assets Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.

81 Construction of sediment basin a The sediment basin(s) proposed for the construction

phase must be designed in accordance with Appendix B of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

b Each sediment basin must have the capacity to treat flows to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed and maintained to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation.

c Sediment basins must be dewatered within 5 days after each rainfall event.

d Sediment basins and associated structures such as inlets, outlets and spillways must be designed and constructed to be structurally sound for a 10 year ARI rainfall event under normal circumstances.

e A high-flow bypass system must be included (if necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events.

f Accumulated sediment from basins and other controls must be removed within two months and disposed of appropriately without causing water contamination.



181 Adopted Report


82 Inspections and reporting a All erosion and sediment control measures must be

inspected in accordance with Section 7 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) on a weekly basis and following runoff events until the rehabilitation works of the site is completed to the satisfaction of the Chief Executive Officer of Council.

b All drainage control structures such as diversion banks, diversion channels and temporary culvert protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event.

c Where inspection indicates a non-conformance, a Non-Conformance Report must be generated. This report must include but not limited to the following: i Details of the nature and cause of non-

conformance; and ii Details of the required corrective actions. Corrective actions must be carried out within 24 hours where practicable or as agreed with the Construction Superintendent.

d A monthly summary of Erosion and Sediment Control (ESC) performances must be compiled and retained at the site office and made available to Council’s inspectors upon request. This report must include but not limited to the following: i Filled in ESC inspection checklist of Best Practice

Erosion & Sediment Control, Section 7, Site Inspection Checklist (IECA Australasia, November 2008);

ii Description of any incidents of non-conformance and corrective actions;

iii Results of corrective actions; and iv Revisions to the Erosion and Sediment Control

Plan (ESCP).



83 Construction management plan Part A Construction Management Requirements a The construction management plan must be submitted

in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website.

Timing A construction management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of


182 Adopted Report








c The construction management plan must demonstrate that: i the general public will be adequately protected

from construction activities; ii the building site will be kept clean and tidy to

maintain public safety and amenity; and iii demand for occupation of the street and

protection of Council assets will be well managed.


Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. e Where it is proposed to interfere with a road for any

building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan.


building work.



183 Adopted Report



84 Noise management a Noise from construction activities must not cause an

‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b A noise management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

c The noise management plan must: i be prepared by a suitably qualified acoustic

engineer; ii provide details of expected noise sources; iii include an assessment of the predicted noise

levels from all proposed construction activities; iv identify the measures and work practices that will

be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

v identify the procedures to be adopted for monitoring of noise emissions;

vi provide details of complaint response procedures that will be adopted;

vii identify the procedures to be adopted for revision and review of the noise management plan.

d The approved noise management plan must be complied with and kept on-site at all times.


85 Dust management a The release of dust and particulate matter from

construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.



184 Adopted Report


b A dust management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

c The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate

emissions; iii identify the measures and work practices that will

be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring and reporting of air emissions;

v provide details of complaint response procedures that will be adopted; and

vi identify the procedures to be adopted for revision and review of the dust management plan.

d The approved dust management plan must be complied with and kept on-site at all times.

86 Haulage access / site management a Prior to the commencement of works, the applicant

must provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer.

b Loading/unloading operations must be conducted entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site.

c All reasonable methods are to be used to reduce nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector.

d The site must be maintained in a clean and tidy state at all times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials.



185 Adopted Report


e Non-recyclable debris must be transported from the site and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council.

f The applicant must ensure that gravel access areas to the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways.

g Any damage to property (including pavement damage) is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.

87 Transport of soil/fill/excavated material During the transportation of soil and other fill/excavated material: a All trucks hauling soil, or fill/excavated material must

have their loads secure and covered; b Any spillage that falls from the trucks or their wheels

must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and



88 Water usage The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of recycled water is encouraged, especially where other alternative sources do not exist. Where recycled water is proposed to be used: a The use of the recycled water must be in accordance

with the requirements of the Gold Coast Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water;



186 Adopted Report











187 Adopted Report


PLUMBING AND DRAINAGE

91 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage

works within the property; b comply with Council’s:

i Trade Waste Policy; and ii Trade Waste Pre-treatment Policy and

Guidelines); and c comply with Council’s Waste Management Policy

Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note: Sewerage works must not be carried out until a

compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste.


92 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all water





188 Adopted Report


93 Application for compliance permit for fire services plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property. Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.


SEWERAGE

94 Sewer reticulation a The development must be connected to Council’s

sewer reticulation system at the applicant’s cost. b Minimum size of the property connection shall be



95 Design, construction and standard of sewer reticulation The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).


96 Connection point a The existing maintenance hole MH 5/119 (S015-

02596M) located within the development site must be used as the connection point for proposed Building A as shown on drawing 7.1 and 7.2 dated Aug 2014 prepared by Andrew Halsted Architect , unless otherwise approved by Council.

b The existing maintenance hole MH 5/119 A (S015-02608M) located within the development site must be used as the connection point for proposed Building B as shown on drawing 7.1 and 7.2 dated Aug 2014 prepared by Andrew Halsted Architect , unless otherwise approved by Council

c The existing maintenance hole MH 1/119 (S015-02605M) located within the development site must be used as the connection point for proposed Building C as shown on drawing 7.1 and 7.2 dated Aug 2014 prepared by Andrew Halsted Architect, unless otherwise approved by Council.



189 Adopted Report


97 Connections – arrangements with Gold Coast Water All live connections to the existing sewer main or a manhole (MH) are to be performed by Gold Coast Water at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection.


98 Redundant sewer property connections a Any redundant sewer property service connections

within the site or servicing the development must be removed.


Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or the commencement of the use of the premises.

99 No building work over or within Council easements and minimum distance from Council infrastructure a No building work is permitted over or within any

Council public utility easements. b All proposed buildings and structures must be located

a minimum distance of 2 metres from Council infrastructure (ie. Water or sewerage infrastructure that become contributed assets) and comply with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

Timing At all times during works and then maintained.

100 CCTV video inspection The applicant must submit to Council: a A pre-construction CCTV survey video and written

report of the existing 225mm sewer main; and

Timing Prior to submission of a development application for building works.

b A post-construction CCTV survey video and written report.

Timing Compliance with (b) to occur prior to the issuing of a final inspection certificate for building work or commencement of the use of the premises.

101 Ownership and maintenance of sewerage infrastructure

All private sewerage infrastructure internal to this development site must be owned and managed by a principal body corporate.



190 Adopted Report



102 Water supply reticulation (potable only) The development must be connected to Council’s potable water supply system, at the cost of the applicant.


103 Design, construction and standard of water supply reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).


104 Connection point The existing 150mm main in Christine Avenue must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.


105 Installation of property service, water meter box and meter The applicant must: a Provide property water service and water meter box at

the boundary of the development site in accordance with South East Queensland Water Supply and Sewerage Design and Construction code (SEQ D&C Code).

Timing Prior to commencement of the use of the Stage 1 premises.

b Provide a complete property service connection that includes the meter installation and tapping of the main shall be installed as directed by Council at the cost of the applicant.

.

c Ensure all development shall comply with Clause 5.11 of South East Queensland Water Supply and Sewerage Design and Construction code (SEQ D&C Code).


106 Connections – arrangements with Gold Coast Water All live connections to the existing water main are to be at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection.


107 Individual sub-metering to be provided The developer shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water.



191 Adopted Report


a All meters and their locations shall be approved by Plumbing and Drainage.

b Automatic Meter Reading (AMR) technology shall be utilised where free access for meter reading cannot be provided.

c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft.

108 Redundant water connections a Any redundant water meter connections within the site

or servicing the development must be removed. b The applicant must provide written evidence to Gold

Coast Water that this has occurred.

Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or commencement of use of the premises.



110 Fire loading Fire loading must not exceed 15L/s for duration of 2 hours, unless otherwise approved by Gold Coast Water.


111 Ownership and maintenance of water supply infrastructure

All water supply infrastructure internal to this development site must be owned and managed by a principal body corporate.

STANDARD NOTIFICATIONS




192 Adopted Report




A Incorporation of Equitable Access at the Detailed Design Stage

All public spaces and facilities within the development must provide equitable access, including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.

B Bushfire Management Plan

Where the bushfire management plan (BMP) has triggered the requirements of AS3959.2009 – Construction of dwellings in bushfire prone areas, the Queensland Fire & Rescue Service (QFRS) only assesses the development’s compliance with the applicable performance criteria. QFRS does not accept any responsibility or liability for, or give approval as to the accuracy of the bushfire attack levels that are contained in the BMP.

C Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

D Referral agencies The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in the conditions of approval.

Referral agency Address Jurisdiction Department of State Development, Infrastructure and Planning

PO Box 3290 Australia Fair Southport QLD 4215

Concurrence agency – State transport infrastructure matters

E Properly made submissions There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.


193 Adopted Report


F Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 462 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

G Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource








194 Adopted Report


H Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.

I Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’[email protected].

J Infrastructure charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.

K Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.


195 Adopted Report


L Water restrictions to be complied with All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00).

Author: Authorised by: Steven Brett Gail Connolly Senior Town Planner Director Planning and Environment 11 November 2014


196 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Changed Recommendation COMMITTEE RECOMMENDATION CP14.1126.002 moved Cr Owen-Jones seconded Cr Gates Part A: That Council resolves as follows: Real property description Lot 130 on SP206406 Address of property Christine Avenue Varsity Lakes Area of property 29,710m² Decision type Development Permit for a Material Change of Use

(Impact Assessment) for Apartments (320 dwellings) Further development permits Reconfiguration of a Lot

Operational Works (Civil Works) Operational Works (Public Landscaping) Operational Works (Private Landscaping) Building Works

Further compliance permits Plumbing and Drainage Works Compliance assessment required for documents or works

Open Space Management Plan Acid Sulfate Soils Management Plan Dewatering Management Plan

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Apartments (320 dwellings), subject to the following conditions:

APPROVED DRAWINGS


Plan No. Rev. Title Date Prepared by 7.1 A Overall Site – Site

Master Plan August 2014 Andrew Halsted Architect

7.2 A Overall Site – Flood Line Location


7.3 A Overall Site - Basement August 2014 Andrew Halsted Architect

7.4 A Overall Site – Ground Floor


7.5 A Overall Site - Section August 2014 Andrew Halsted Architect

7.6 A Building A - Basement August 2014 Andrew Halsted Architect


7.8 A Building A – Typical Level 2-7



197 Adopted Report

ITEM 2 (CONTINUED) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR APARTMENTS (320 DWELLINGS) - LOT 130 ON SP206406 CHRISTINE AVENUE, VARSITY LAKES DIVISION 11 PN300377/01/DA4 Plan No. Rev. Title Date Prepared by 7.9 A Building A – Level 8 August 2014 Andrew Halsted Architect


7.11 A Building A - Roof August 2014 Andrew Halsted Architect

7.12 A Building A – West Elevation


7.13 A Building A – East Elevation


7.14 A Building A – South Elevation


7.15 A Building A – North Elevation


7.16 A Building A – Section & Ramp Detail


7.17 A Building B – Basement & Ramp Detail



7.19 A Building B – Level 2-7 August 2014 Andrew Halsted Architect



7.22 A Building B - Roof August 2014 Andrew Halsted Architect

7.23 A Building B – West Elevation


7.24 A Building B – East Elevation


7.25 A Building B – South Elevation


7.26 A Building B – North Elevation


7.27 A Building B - Section August 2014 Andrew Halsted Architect

7.28 A Building C – Basement & Ramp Detail





7.32 A Building C – Level 4-5 August 2014 Andrew Halsted Architect


7.34 A Building C – Roof August 2014 Andrew Halsted Architect





7.37 A Building C - Section August 2014 Andrew Halsted Architect


198 Adopted Report


Plan No. Rev. Title Date Prepared by 7.38 A Recreation Building –

Level 1 & Roof August 2014 Andrew Halsted Architect

7.39 A Recreation Building - Elevations


7.40 A Recreation Building - Section


showing the following amendments: i Amend the triangular island on the access driveway to Building C to include

a refuge for pedestrians. ii Show a grade of 1 in 20 (5%) for a length of 6 metres prior to the pedestrian

crossing point at the top of the vehicular basement ramps to Buildings B and C.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i Issue of a development permit for the carrying out of building work.


2 Decision notice and approved plans/drawings to be submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any operational works application relating to or arising from this development approval.




4 Notice of works timetable The applicant must give Council written notice of the following: a Application number; b Site address; c Name and telephone number (work and after hours) of

the project manager and the site owner; d Works intended to be carried out; e The proposed timetable associated with the works,


The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to



199 Adopted Report


[email protected] ). This notification is in addition to any other notifications required by other conditions of this or other development approvals. A form is available to assist in providing the information relating to Notice of Works/Commencement requirements. The form can be obtained at Council Offices (Nerang, Bundall and Coolangatta). It also can be found on Council's website at http://www.goldcoast.qld.gov.au/forms-applications.html.

5 Dedication/Transfer of land – Reconfiguring a lot application required a The dedication/transfer of land (for road / park purposes

or sewerage pump station / reservoir site) proposed by the applicant will result in the ‘Rearranging the boundaries of a lot by registering a plan of subdivision’. As this is defined in the Sustainable Planning Act (SPA) as ‘Reconfiguring a lot’, a Reconfiguring a lot (ROL) application for the new lot and land dedication/transfer must be lodged and approved by Council.

b The subdivision plan must be to the satisfaction of the Chief Executive Officer, and at no cost to Council.

c The applicant must provide evidence to Council that the subdivision plan has been registered with the Department of Natural Resources and Mines.

Timing Prior to Council’s compliance assessment of the subdivision plan or prior to commencement of the use on the site, whichever occurs first.

6 Staging plan If the development is proposed to be constructed in a staged manner, a staging plan must be submitted to and approved by Council showing all stages (in order) of the development, inclusive of car parking, landscaping and communal open space areas.

Timing Prior to the issue of a development permit for Operational Works.


7 Off street facilities for car parking and loading/unloading Off-street facilities for car parking and loading and unloading must be designed, constructed and maintained at all times in accordance with the following: a A minimum of 375 off-street car parking spaces must be

provided, comprising 340 spaces for residents and 35 spaces for visitors;

b The off-street facilities for parking and loading/unloading (including all access driveways, circulation roadways, parking aisles, parking spaces, service areas and landscaping) must be in accordance with: i The approved plans; and ii AS/NZS 2890.1:2004 Parking facilities - Off-street

car parking; and iii AS2890.2-2002 Parking facilities – Off-street

commercial vehicle facilities.



200 Adopted Report


c The off-street facilities for parking must only be used for vehicle parking and the off-street facilities for loading/unloading must only be used for short-term loading and unloading of vehicles.

d The off-street facilities for car parking must be drained, sealed and line marked to a reasonable standard acceptable to a RPEQ qualified engineer.


8 Tandem car parking spaces Tandem car parking spaces must be allocated to residents of the same unit only.


9 Freely accessible visitor car parking All car parking spaces for visitors must be freely accessible to bona fide visitors for the duration of any visit to the site. Car parking spaces for visitors must have no gateways, doors or similar devices which restrict vehicular access.


10 Signs and line marking In addition to the signs and line marking required by AS/NZS 2890.1:2004 Parking facilities - Off-street car parking, the following must be installed and maintained to the satisfaction of the Chief Executive Officer: a Standard Service Sign Series ‘P’ sign, to indicate the

location of visitor car parking, in accordance with the Manual of Uniform Traffic Control Devices, Department of Main Roads, Queensland – Part 15: Guide signs; and

b Signs to mark car parking spaces which are provided for disabled drivers, motorcycles and special zones, such as bus zones.


11 Visitor car parking spaces Visitor car parking spaces must be clearly identifiable through the provision of appropriate line marking and signage and constructed to the satisfaction of the Chief Executive Officer.



12 Community titles scheme internal (private) roads/driveways a The absolute maximum gradient of the internal (private)

roads must not exceed 17%. The absolute maximum gradient of the driveways must not exceed 25% for a length of no more than 20 metres or 20% for lengths greater than 20 metres.

Timing The RPEQ certification must be provided to Council prior to the commencement of the use on the subject lot.


201 Adopted Report


b The pavement for driveways must be constructed using concrete or an unbound pavement material (crushed rock or soil aggregate paving material) and surfaced with asphalt.

c The design and construction of the pavement for internal (private) roads must comply with AS 3727-1993 Guide to residential pavements and AS2890. 1-2004 Parking facilities Part 1: Off-street car parking.

d The pavement construction for internal (private) roads must be supervised and certified by a Registered Professional Engineer Queensland (RPEQ) and the certification provided to Council.

STREET LIGHTING

13 Street lighting to internal (private) roads – design and installation a The applicant must design and install a street lighting

system (including connections and energising) to the internal (private) roads, at no cost to Council.

b The street lighting system must meet the following design and installation requirements: i Achieve a minimum lighting level of Category P4

lighting in accordance with AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting – Performance and design requirements;

ii Associated wiring must be installed underground and be in accordance with AS/NZS 3000 Electrical Installations (Wiring Rules); and

iii Be acceptable to the electricity supplier (eg. ENERGEX) as ‘metered or unmetered lighting’.

c The street lighting system must be maintained by the Body Corporate.

d The applicant must provide to Council a certification from a Registered Professional Engineer Queensland (RPEQ) (who specialises in electrical reticulation and street lighting) that the works have been completed in accordance with the requirements of this condition.



14 Electricity supply a The applicant must submit to Council a copy of the

‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground low-voltage electricity supply is available to the development site and all proposed dwellings within the site (i.e. sufficient for the ultimate use of the site).



202 Adopted Report


b In supplying power to the site, no additional poles and/or pole-mounted transformers are to be erected within the road reserve.

TELECOMMUNICATIONS

15 Telecommunications The applicant must: a Provide underground telecommunications to the subject

building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice.

b If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

c Provide certification to Council, from the authorised telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).


CRIME PREVENTION

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) 16 Casual Surveillance

The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles to ensure clear sightlines are maintained and to promote opportunities for casual surveillance. This is to include, but is not limited to: a Visibility through vegetation to be clear between the

height of 0.6m and 1.8m adjacent to pedestrian routes and bicycle routes within the development;

b Footpaths must be safe for pedestrian users and must: i Optimise informal surveillance and activity; ii Provide unimpeded sight lines; and iii Avoid concealment spots, dead ends and blind

corners.


17 Fencing and walls within development designed to promote casual surveillance Any fencing (except where an acoustic barrier is required) that exceeds 1.2m in height that is designed and constructed on property boundaries, or adjacent to communal open space, must have permanent visibility through at least 50% of the surface area.



203 Adopted Report


18 Lighting design and installation to promote community safety a The applicant must design, install and maintain a

lighting system (including connections and energising) to illuminate areas intended for night time use (including all pathways and car parking areas external to the building), at no cost to Council.

b The lighting system must meet the following design and installation requirements: i Achieve a minimum lighting level in accordance

with Australian Standard AS/NZS 1158.3.1:2005 Lighting for roads and public spaces Part 3.1: Pedestrian area (Category P) lighting – Performance and design requirements as follows: A For all pathways and cycleways meet the

appropriate category as set out in Table 2.2 of AS1158.3.1 (i.e. Categories P1 to P4).

B For all car parking areas (external to the building): meet the appropriate category as set out in Table 2.5 of AS1158.3.1 (i.e. Categories P11a, b, c and P12).

C Include vandal resistant fixtures; ii Associated wiring must be installed underground

and be in accordance with AS/NZS 3000 Electrical Installations (Wiring Rules); and

iii Be acceptable to the electrical supplier (e.g. ENERGEX) as ‘metered or unmetered lighting’.

c The lighting system must be maintained by the owner/Body Corporate.

d The applicant must provide to Council, a certification from a suitably qualified electrical engineer (who specialises in electrical reticulation and lighting) that the works have been completed in accordance with the requirements of this condition.

Note: To reduce opportunities for vandalism, it is recommended that lighting be mounted at least 3 metres above ground level.

Timing Prior to the earlier of compliance assessment or commencement of the use on the site.

19 Detailed design of built elements to incorporate graffiti prevention principles The applicant must apply graffiti prevention principles to reduce opportunities for graffiti by restricting access to available surfaces, maximising opportunities for casual surveillance, and/or facilitating easy repair. This is to include, but not be limited to, the following design requirements: a The owner/Body Corporate shall remove or cover any

graffiti placed on temporary or permanent structures, to the satisfaction of the Chief Executive Officer.



204 Adopted Report


b Vegetation shall be planted against building walls and fences where possible (without creating concealment areas).

c Any sensor lighting installed shall include vandal resistant features.

For further information, the applicant is requested to visit www.goldcoast.qld.gov.au/preventgraffiti

AMENITY

20 No nuisance from lighting All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause: a glare or other nuisance to surrounding residents and

motorists; b a navigation hazard on any nearby or adjacent

waterway.




WASTE

22 Waste chute – design and construction The waste chute must be located in accordance with ‘Overall Site – Basement’ and ‘Overall Site – Ground Floor’ prepared by ‘AH’ dated August 2014 (Reference No. 7.3 & 7.4), and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste management Guideline for New Developments (2011) as detailed below: a Adequate strength for its purpose, including additional

reinforcing where necessary at joins, bends and hopper intersections,

b Insect and vermin proof c Constructed and installed to prevent the following

during use and operation of the system: i Transmission of vibration to the structure of the

premises ii Excessive odour iii Excessive noise to the occupants of the building

d Installed in a fire rated duct and ventilated in compliance with building requirements of the Building Code of Australia



205 Adopted Report


e Comply with the waste chute manufacturer’s technical specifications and /or operational limitations, including installation design features and ancillary equipment required to prevent blockages and noise disturbances, to achieve compliance with the section

f Fitted with a shutter at the base of the chute for closing off the chute manually during bin exchange and automatically in the case of fire

23 Waste disposal points – design and construction A waste disposal point / hopper must be located on each residential floor in accordance with ‘Overall Site – Basement’ and ‘Overall Site – Ground Floor’ prepared by ‘AH’ dated August 2014 (Reference No. 7.3 & 7.4), and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Located to ensure the handle of the hopper is at least

1200 millimetres above finished floor level b Hopper door must automatically return to the closed

position after use c Designed to permit free flow of waste into the chute d Constructed so that the diameter or largest dimension

of the service opening (the diagonal of a rectangular opening) does not exceed three-quarters (3/4) of the diameter of the chute with which the hopper is connected

e The floor adjacent to the hopper to be paved with a durable impervious material with a smooth finished surface


24 Waste storage room – design and construction The waste storage room must be located in accordance with ‘Overall Site – Basement’ and ‘Overall Site – Ground Floor’ prepared by ‘AH’ dated August 2014 (Reference No. 7.3 & 7.4), and be designed and constructed in accordance with the requirements of section 11.5 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Fire rated and ventilated in accordance with the

Building Code of Australia b Insect and vermin proof c The doors must be wide enough to allow for the easy

removal of the largest container to be stored d The walls, ceiling, floor and equipment of each waste

storage room must be designed and constructed of impervious material with a smooth finish to allow for easy cleaning



206 Adopted Report


e The floor must be a constructed hardstand area and graded to fall to a drainage point/s connected to sewer in accordance with trade waste requirements

f Adequate additional space must be provided for compactors (if applicable)

g Adequate artificial lighting must be provided h Refrigerated rooms must be fitted with an approved

alarm device outside, but controllable only from within the room

i Must not be located adjacent to or within any habitable portion of a building or place used in connection with food preparation (including food storage)

j A hose cock must be provided immediately outside the room for cleaning bins and the room

k Must permit unobstructed access for removal of the containers to the service point and for positioning of the containers correctly in relation to the waste chute

25 Additional Recyclable Storage Adequate storage for recyclable waste must be provided. All users must be able to safety and easily access these area/s.


26 Bulk bins – Servicing Point The bulk bin servicing point must be located in accordance with ‘Overall Site – Site Master Plan’ prepared by ‘AH’ dated August 2014 (Reference No. 7.1), and be designed and constructed in compliance with the requirements of Section 11.3 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Sufficient access and clearance for the waste collection

vehicles to service the bins, including adequate unobstructed overhead space for the swinging arm action of the front-lift waste collection vehicle

b Clearly separated from car parking bays, loading bays, footpaths and pedestrian access, and any other similar areas

c Clear of speed control devices or similar provisions which inhibit direct access to the bins for servicing

d Constructed hardstand with a solid concrete base or acceptable equivalent

e Allow for at least an additional 0.5 metres clearance surrounding each container, or for multiple bins one (1) metre clearance around the combined multiple bin area, whichever is the lesser

f Screened to minimise the view of bins from neighbouring properties, or passing vehicles and pedestrian traffic external to the site



207 Adopted Report


ACOUSTICS

27 Acoustic design and construction / compliance report The development must be designed and constructed in accordance with the recommendations outlined in the acoustic report prepared by Acoustics RB Pty Ltd dated June 2014 (Reference No. 08-058.R06). Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council prior to Building Approval. Prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

As indicated within the wording of the condition

28 Acoustic report required prior to building approval An acoustic report must be submitted and approved by Council prior to Building Approval. The report shall include: a The expected impact of noise from Christine Avenue on

the noise sensitive development b Assessment of the impact of traffic noise (including

external areas) against the applicable criteria, in accordance with AS2107 - Acoustics – Recommended Design Sound Levels and Reverberation Times for Building Interiors and AS3671 - Acoustics – Road Traffic Noise Intrusion – Building Siting and Construction; and




29 Acoustic report required prior to building approval An acoustic report must be submitted and approved by Council prior to Building Approval. The report shall include: a The expected impact of noise from mechanical plant

and equipment on the nearest noise sensitive developments. Current measured background levels during the proposed hours of operation must be undertaken and all monitoring data & locations, methodology and calculations must be provided;

b Assessment of all noise sources (e.g. mechanical plant



208 Adopted Report


and equipment) against the ‘Environmental Protection (Noise) Policy 2008’, and any other relevant policies / guidelines.








Landscape Intent, being Christine Avenue, Varsity Lakes Landscape Design Intent, Rev: DA03, Dwg: 140511, Date: 12 Aug 14, By: Form Landscape Architects;



31 The required landscaping plan must also demonstrate the following: a Tree species must be minimum bag size of 100 litres at

the time of planting; b Palm species must be a minimum 3 metres in height at

the time of planting; c Screening shrub planting must be provided to the

basement wall where it extends above ground; d Screen planting must be provided to the reserve in

order to screen out the view of the fence to the boundary with the reserve;

e Ensure plant selection and the composition of turf/ planting areas are selected taking into account the extent of deep shading;



209 Adopted Report


and f Trees planted on top of the basement in planter boxes

must be provided with sufficient soil volume to successfully establish and maintain long term health. A horticulturally sound formula must be used for calculating the required soil volume and sizing planter boxes where trees are to be planted.

32 Frontage Fencing Any frontage fences must be located and constructed as per Dwg: 140511 – 04, Fences & Walls, DA03, Date: 12 AUG 14, by Form.


OPEN SPACE



Purpose Description on Plan Plan Reference Linkage Park Linkage Park (4.5m

wide X 380m in length) 1710m2







f This condition is imposed in accordance with section 647(2) of the Sustainable Planning Act 2009.




Where subdivision plans are required, the applicant must provide


210 Adopted Report


Council with evidence of the transfer of the land identified in paragraph (a) within 30 days of the registration of the subdivision plan that shows the entirety of the land identified in paragraph (a).



Purpose Description on Plan Plan Reference Landscape Amenity Park Lake bed, bank batter,

lake edge revetment wall – 4953m².







f This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.




Where subdivision plans are required, the applicant must provide Council with evidence of the transfer of the land identified in paragraph (a) within 30 days of the registration of the subdivision plan


211 Adopted Report


that shows the entirety of the land identified in paragraph (a).

35 Concrete Pedestrian Path a A 2.5m wide concrete pedestrian path must be installed

on the flat land between the lake edge and the bank adjoining the development footprint.

b The 2.5m wide concrete pedestrian path must connect to the existing footbridge on the lake weir on the northern extent of the development site and connect with the existing pedestrian network on the south-eastern corner of the development site.

c A landscape edge treatment must be installed on either side of the pedestrian path consisting of turf or garden bed.

d The path configuration shall be generally in accordance with Park Dedication Area and Landscape Masterplan, RFI Response Issue A, dated 5 September 2014 by Form Landscape Architects plan Job 365800

e This condition is imposed in accordance with section 647 of the Sustainable Planning Act 2009.

Timing Prior to the transfer of public open space.

36 Preparation of open space management plan (OSMP) a An open space management plan (‘OSMP’) must be

prepared, addressing all areas of land to be transferred to Council or that must be publicly accessible.

b The OSMP must be prepared by a suitably qualified professional and must be: i In accordance with Council’s Open Space

Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1); and

ii Generally in accordance with: A The Open Space Management Statement

(being Landscape Design Report, Christine Avenue, Varsity Lakes, Astoria Group, dated 5 September 2014, DA03 written by Form Landscape Architects).

B The approved reconfiguration layout (including any amendments required by these conditions).

C Relevant conditions of approval. c The submitted OSMP must demonstrate compliance

with the Open Space requirements in Section 6 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings and



212 Adopted Report


must address the following site-specific issues: i The estimated 5-year, 50-year and 100-year ARI

flood levels on the site. The OSMP must demonstrate that any proposed public open space for recreational purposes complies with the minimum post-development flood immunity requirements in Table 1-37 (Minimum Post- Development Flood Immunity) in the Priority Infrastructure Plan.

ii Provide 3 indicative cross-sections from Lake Orr to the boardwalk and embankment through to the private space detailing the relationship of any revetment walls to the boardwalk and connection of public and private open space.

iii Provide indicative fencing detail for common boundaries between public open space and private land including treatment to amphitheatre area.

37 Compliance assessment of OSMP The OSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed

The planning scheme’s Change to Ground Level and Creation of New Waterbodies Specific Development Code; The planning scheme’s Reconfiguring a Lot Specific Development Code; The planning scheme’s Landscape Works Specific Development Code; The planning scheme’s Vegetation Management Specific Development Code; The planning scheme’s Works for Infrastructure Specific Development Code; The planning scheme’s Bushfire Management Areas Constraint Code; The planning scheme’s Canals and Waterways Constraint Code; The planning scheme Car Parking, Access and Transport Integration Constraint Code; The planning scheme’s Cultural Heritage (Indigenous) Constraint Code;


213 Adopted Report


The planning scheme’s Natural Wetland Areas and Natural Waterways Constraint Code; The planning scheme’s Nature Conservation Constraint Code; The planning scheme’s Ocean Front Land Constraint Code; Planning Scheme Policy 6 – Entry Statement; Policy 10 – Guidelines for Preparing Management Plans and Plans of Development; Planning Scheme Policy 11 – Land Development Guidelines; Planning Scheme Policy 12 and 13 – Landscape Works Documentation Manual; Planning Scheme Policy 15 – Management of Coastal Dune Areas; Planning Scheme Policy 17 – Site Analysis; and Council’s Open Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1).

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made Prior to the approval of any development applications for operational work (inclusive of change to ground level, works for infrastructure, vegetation clearing or landscape work).

The OSMP is not an approved report until a compliance certificate has been issued in respect of it.

38 Compliance certificate with future operational work development applications A copy of compliance certificate for the OSMP must be provided with any future operational work development applications.

39 Compliance with OSMP prior to acceptance of open space ‘On Maintenance’ a All works specified in the OSMP and any conditions

imposed on the compliance certificate must be carried out in accordance with the approved plan at no cost to Council and to the satisfaction of the Chief Executive Officer, prior to Council accepting the open space ‘On Maintenance’ in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b The applicant must provide certification from a qualified professional that all works in the approved OSMP and


214 Adopted Report


associated design drawings have been implemented on-site in accordance with the OSMP and the conditions of approval as stated on the compliance certificate approving the OSMP. This certification must be provided to the Council prior to accepting the works ‘On Maintenance’.

40 Endorsement of concepts The contents of the Open Space Management Statement (‘OSMS’), Open Space Management Plan (‘OSMP’) and Statement of Landscape Intent (‘SLI’) referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed OSMS, OSMP and SLI.


41 Detailed landscape plans for public open space to be submitted for approval a The applicant must submit to Council for approval

detailed landscape plans, by making a development application for operational work (public landscape work).

b Landscape works must not commence on the site until Council has issued a development permit for operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch.

c Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i be prepared by a qualified landscape architect or

similar landscape design professional; A be in general accordance with the

Statement of Landscape Intent, being The Open Space Management Statement (being Landscape Design Report, Christine Avenue, Varsity Lakes, Astoria Group, dated 12 August 2014, DA03 written by Form Landscape Architects);

ii be in general accordance with the approved Open Space Management Plan;

iii reflect the approved layout (including any amendments to that layout required by these conditions) and the conditions of this approval;

iv comply with Planning Scheme Policy 13 - Landscape Strategy Part 2 - Landscape Works Documentation Manual;

v for works in the road reserve – comply with the following requirements:

Timing Prior to any landscape works occurring.


215 Adopted Report


A Trees must not be aligned with side boundaries or where underground services are located;

B Tree planting must be set back a minimum of one metre from the nominal kerb line;

C Trees must be a single-trunked canopy shade species able to attain a clear trunk height of 1800 mm on maturity;

D Trees must be kept a minimum distance of two metres laterally from inlet gullies;

E Trees must not be planted within twenty metres of the approach side and six metres of the departure side of intersections that are not equipped with traffic signals;

F All built structures associated with an entry statement must be located within private property. Planting associated with the entry statement is acceptable in the road reserve area only where it achieves the requirements of Planning Scheme Policy 13 - Landscape Strategy Part 2 - Landscape Works Documentation Manual and Planning Scheme Policy 6: Entry Statements; and

vi for all public open space areas – comply with the following requirements: A Compliance with Planning Scheme Policy

11 – Land Development Guidelines, Standard Specifications and Drawings must be demonstrated;

B Details of all landscape works including new planting, rehabilitation works, built structures, stormwater treatment devices and wetland areas must be provided;

C All batters to public open space must be constructed to a slope no steeper than 1:6;

D All paved areas, including car park areas and shelters, are to be designed to accommodate disability access;

E Trails and boardwalks are to be designed in accordance with the Gold Coast City Council Recreation Trail Design Guidelines (minute no. R03.0213.012/G03.0221.022);

d The landscape works must be constructed in accordance with the approved landscape plan.

Timing Compliance with (d) to occur prior to the commencement of the use of the premises.


216 Adopted Report


42 ‘Pre-start’ inspection required The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

Timing Prior to the commencement of approved landscape works on site.

43 Establishment period for open space a Upon completion of the landscape works in accordance

with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

b The applicant is responsible for the establishment of all living components of public open space, to the satisfaction of the Chief Executive Officer, for the duration of a twelve] month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with section 6 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

c Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’: i rectify any defects arising from substandard

workmanship; ii replace any planted vegetation of poor quality or

inappropriate species where used instead of specified species; and

iii maintain all components and their environs.


44 ‘On Maintenance’ period for open space a Upon satisfactory completion of the ‘Establishment’

period and Council notifying the applicant that the public open space has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a 12 month ‘On Maintenance’ period in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

b Without limiting the obligations under section 6 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for: i Maintaining open space areas; and ii For the rectification of defects and any damage

that occurs, unless the damage is directly attributable to Council activities.



217 Adopted Report


45 Boundary between transferred open space and private land a The applicant must clearly delineate all boundaries

between public open space to be transferred to Council and private land.

b Details of any fencing or bollards used to delineate boundaries between public open space to be transferred to Council and private land is to be submitted for approval as part of detailed landscape plans for public open space.

c Any fencing must be a maximum height of 1.8 metres, a minimum height of 1.2 metres and be of an open style with a minimum 50% transparency.


46 Vehicle exclusion barriers to be provided a All public open space to be transferred to Council,

including pump stations, easements and road verge setbacks, must be: i bordered by vehicle exclusion barriers; ii where necessary, fitted with a standard park

access gate which must be fitted with an anti-vandal box in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings to restrict unauthorised vehicle access; and

iii within natural areas and where a vehicle will face downhill towards a gate, for safety reasons the anti-vandal box must be located on the driver’s side of the gate (optional).

b These vehicle exclusion barriers must be installed on the park boundary and where possible within mulched, edged garden beds/planting areas to reduce maintenance in and around the barriers.

c Low growing planting areas and/or soft-scaping features do not constitute vehicle exclusion devices.

Timing

47 Preparation of maintenance management plan a A maintenance management plan (‘MMP’) for all land

identified as Park Dedication in the plans specified in conditions 33 and 34 (Land to be transferred as Public Open Space) of this development approval must be prepared.

b The MMP must accurately reflect the final, on ground layout of all land identified in paragraph (a) and identify the most appropriate maintenance regimes for these areas.

c The MMP must be prepared by a suitably qualified professional.

d The MMP must be in accordance with Council’s Open



218 Adopted Report


Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1).

48 Compliance assessment of MMP The MMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed

The planning scheme’s Change to Ground Level and Creation of New Waterbodies Specific Development Code; The planning scheme’s Reconfiguring a Lot Specific Development Code; The planning scheme’s Landscape Works Specific Development Code; The planning scheme’s Vegetation Management Specific Development Code; The planning scheme’s Works for Infrastructure Specific Development Code; The planning scheme’s Bushfire Management Areas Constraint Code; The planning scheme’s Canals and Waterways Constraint Code; The planning scheme Car Parking, Access and Transport Integration Constraint Code; The planning scheme’s Cultural Heritage (Indigenous) Constraint Code;

The planning scheme’s Natural Wetland Areas and Natural Waterways Constraint Code; The planning scheme’s Nature Conservation Constraint Code; The planning scheme’s Ocean Front Land Constraint Code; Planning Scheme Policy 6 – Entry Statement; Policy 10 – Guidelines for Preparing Management Plans and Plans of Development; Planning Scheme Policy 11 – Land Development Guidelines; Planning Scheme Policy 12 and 13 – Landscape Works Documentation Manual;


219 Adopted Report


Planning Scheme Policy 15 – Management of Coastal Dune Areas; Planning Scheme Policy 17 – Site Analysis; and Council’s Open Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1).

Compliance assessor: Gold Coast City Council When the request for compliance assessment must be made A minimum of six weeks prior to the ‘On Maintenance’ inspection for the open space.

The MMP is not an approved plan until a compliance certificate has been issued in respect of it.

ACID SULFATE SOILS (ASS)

49 Excavation/filling requiring consideration of acid sulfate soil If the proposed development will affect soils below 5m AHD and involves either: a The excavation of 100m3 or more of soil or sediment; or b The filling of land involving 500m3 or more of material

with an average depth of 0.5m or greater, the following conditions in relation to acid sulfate soil investigation, management plan preparation and submission of documents to Council must be complied with.


50 Acid sulfate soil investigation An acid sulfate soil investigation must be completed. The investigation sampling and analysis must be prepared in accordance with the Guidelines for Sampling & Analysis of Lowland Acid Sulfate Soils in Queensland Version 4 (October 1998, Ahern et al 1998) and Acid Sulfate Soil Laboratory Method Guidelines Version 2.1 (June 2004, Ahern et al 2004). The investigation must establish the following: a The presence/absence of acid sulfate soils over the

entire excavation area (ie. through soil investigations); b The degree (ie. concentration) of acid leachate

generating potential of soils; c The required soil dosage rates and quantity of lime


features.



220 Adopted Report


51 Preparation of acid sulfate soil management plan At the completion of the investigation required by the above condition, an acid sulfate soil management plan (‘ASSMP’) directed towards enabling works to be undertaken in a safe and effective manner must be prepared in accordance with: a The Queensland Acid Sulfate Soil Technical Manual


52 Compliance assessment of acid sulfate soil management plan The ASSMP is a document requiring compliance assessment under the Sustainable Planning Act 2009. The details of the acid sulfate soil investigation completed pursuant to Condition Acid sulfate soil investigation (including bore hole logs, laboratory results and chain of custody documentations) must be submitted with the ASSMP. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed

State Planning Policy; The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code; and





53 Compliance certificate with future operational work development applications A copy of the compliance certificate for the acid sulfate soil management plan must be provided with any future operational work development applications for landscape works.


221 Adopted Report


54 Appointment of acid sulfate treatment professional A suitably qualified and experienced professional with relevant experience in this field must be appointed to supervise: a The treatment of all acid sulfate soils; b Stock piling; c Monitoring; d Verification testing of the soil; and e Other items as appropriate in accordance with the

approved Acid Sulfate Management Plan.

Timing At all times during construction works.

55 Pre-start meeting – acid sulfate soil requirements The applicant must arrange and attend an on-site pre-start meeting with Council Environmental Planners. The contact officer is Sharon Dyer (5582 8238). The following items are to be submitted prior to the booking or undertaken in conjunction with the booking of the pre-start meeting: a All applicable requirements of the approved Acid

Sulfate Soil Management Plan; b The location of treatment pads are to be marked on

site; and c The emergency fine agricultural lime must be on site at

the time of pre-start meeting (minimum 5 tonnes). In accordance with condition entitled Appointment of acid sulfate treatment professional above, a suitably qualified and experienced professional in relation to the acid sulfate requirements must be present at the pre-start meeting and all contractors must be made aware of the requirement for works in relation to acid sulfate soils to be undertaken by the experienced professional nominated. Where an inspection is not passed, the applicant must attend to all outstanding issues/unsatisfactory items and book a re-inspection with Council.

Timing Prior to or in conjunction with the booking and undertaking of the pre-start meeting, and prior to any works commencing on site.

56 Certification of Acid Sulfate Soil Treatment The Applicant must provide certification, from a qualified and experienced professional that supervised the treatment of the soil, that all material excavated from the site has been treated and verified in accordance with the approved Acid Sulfate Soil Management Plan. The certification is to be submitted to Council, and approved by the Chief Executive Officer, within one month of cessation of excavation works.



222 Adopted Report


BUSHFIRE MANAGEMENT

57 Bushfire management plan must be complied with a All development carried out must be in accordance with

the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Rescue Service Cover Sheet, being Bushfire Management Plan Lot 130 SP206406 Lot 130 Christine Avenue, A 300377, dated June 2014, prepared by Bushfire Risk Reducers.

b All measures required by the approved BMP must be implemented prior to the commencement of the use of the premises.

c The approved BMP must be complied with at all times for the life of the development and the use of the premises.


58 Certification of compliance with approved bushfire management plan The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing This certification must be provided to Council prior to the commencement of the use of the premises.

59 Bushfire management information for new purchasers The applicant must provide a copy of the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Rescue Service Cover Sheet to each new purchaser and, in the case of a community titles scheme, the BMP must also be referenced in the Community Management Statement, so that each resident is informed about: a The requirement for the approved BMP to be complied

with at all times for the life of the development and the use of the premises;

b The potential bushfire hazard on the site; c Their responsibility for fire management; and d The measures available for ongoing fire hazard

mitigation.

Timing Prior to the transfer or sale of property.

60 Copy of the complete and approved bushfire management plan The applicant is required to obtain a copy of the complete approved bushfire management plan (BMP) as described above from the Gold Coast City Council. The approved BMP attained from Council is the sole plan to be complied with and distributed to all landowners.


61 Road design to provide access for fire fighters Roads are to be designed and constructed to provide safe access for fire fighters.



223 Adopted Report


62 Water supply requirements for fire fighting (reticulated water supply) For uses involving new or existing buildings with a gross floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times. The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

Timing Prior to the use commencing and then maintained at all times.

63 Deviations require approval Should any changes to the development or site parameters occur, the applicant is responsible for advising the bushfire consultant to ensure that the bushfire management plan (BMP) is not affected by these changes. This is including but not limited to areas of revegetation, conservation, covenants and retained bushland. Where amendments to the development or site parameters are proposed, an amended bushfire management plan (BMP) that takes into account the changes may be required to be lodged. Any such amended plan will be subject to further assessment and approval.


64 Compliance with the recommendations All recommendations made in response to the bushfire management plan (BMP) by the bushfire consultant or Queensland Fire & Rescue Service (QFRS), should be considered as requirements and conditions of approval for this application unless otherwise stated in writing by the Gold Coast City Council. Where there is a conflict, the conditions listed within the BMP apply.


65 Approved bushfire management plan and Council’s decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners.


BASEMENT EXCAVATION

66 Basement excavation and ground anchoring issues In conjunction with any application seeking a development permit for building works, the applicant shall provide the following document(s) to the relevant authority. a Written confirmation signed by the applicant or the

applicant’s consulting engineer (Registered Professional Engineer of Queensland, RPEQ) that the proposed basement excavation/construction does not rely on any works external to the site boundary (e.g.

Timing In conjunction with any application seeking a development permit for building works.


224 Adopted Report


ground anchoring into adjacent properties or road reserves); or

b If the proposed basement excavation does require ground anchoring into adjacent Council maintained road reserves, the applicant must, prior to obtaining a development permit for building works or change to ground level ancillary to building works as approved by a private certifier, or prior to the issue of any operational works approval (change to ground level) by Council, obtain a separate Permit from Council to Interfere with a Road – Temporary Ground Anchors (Subordinate Local Law 11.1 Section 5). The applicant is advised to contact (07) 5582 8866 for lodging an application for this permit. A copy of this permit shall be accompanied with the building works application.

Advisory note:

The installation of any ground anchors into any adjacent private property will require approval of the relevant property owner(s) and is not assessed or approved by Council. The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: (07) 5596 9500) and is not assessed or approved by Council.

67 Certification of basement excavation stability The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures have been adequately designed based on existing geotechnical conditions of the site, the excavation batters/supporting structures will achieve a factor of safety greater than 1.5 against geotechnical instabilities; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures.

Timing Prior to the issue of a development permit for building works.

HYDRAULICS AND STORMWATER MANAGEMENT

68 No loss of floodplain storage The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.


69 No worsening of hydraulic conditions The development must be designed and constructed so as to result in:



225 Adopted Report


a No increase in peak flow rates downstream from the site;

b No increase in flood levels external to the site; and c No increase in duration of inundation external to the

site that could cause loss or damage.



71 Building floor levels a Building floor levels of habitable rooms must be at least

300mm above the Council's designated flood level. b Building floor levels of garages and non-habitable

rooms, constructed at approximately the same level as the main dwelling and attached to the main dwelling, must be at or above the designated flood level.

c Building floor levels of garages and non-habitable rooms, which are detached from the fabric but within the curtilage of a building and not to be used for storage of goods, can be a maximum of 600mm below the designated flood level.


72 Stormwater management plan to be complied with a The applicant must submit certification from a

Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Varsity Lakes Stormwater and Water Quality Management Study, Final Report: dated 12 March 2002 prepared by WBM Oceanics Australia.

Timing The certification must be submitted prior to the commencement of the use of the premises.

73 GPT in basement car park a A gross pollutant trap (hydrocarbon and litter separator)

must be installed within the underground car park areas to treat water prior to discharging to the existing Council stormwater network.


b Any designated carwash bay will require a trade waste approval prior to the discharge from the premises of any trade waste to Council’s sewerage system.

Timing Compliance with (b) to occur prior to the commencement of the use of the premises.


226 Adopted Report


74 Agreement to remove hydrocarbons for GPT a The applicant must ensure that:

i Hydrocarbons and other waste captured by the gross pollutant trap are regularly removed by an appropriately licensed waste removal entity; and

ii The gross pollutant trap is maintained so that it functions for its intended purpose.

b The applicant must submit to Council evidence that an agreement has been entered into with a licensed waste removal entity for the removal of hydrocarbons/waste in accordance with this condition.


75 Hardstand areas graded towards landscape areas All hardstand areas must be graded towards landscape areas to promote infiltration of stormwater runoff. No impervious runoff is to be diverted to Council's drainage system without proper treatment.


76 Preparation of dewatering management plan Should the basement excavation intercepts the water table (groundwater), a dewatering management plan that includes the following information must be prepared: a The proposed quality of water to be discharged,

including groundwater laboratory test results for the site, covering parameters such as DO, pH, SS, EC, Al & Fe and other site-specific parameters.

b Identification of the extent of in situ potential acid sulfate soils that may be exposed by dewatering or groundwater draw down associated with the proposed works. This can be done by modelling the ‘cone of depression’ associated with any draw down of the water table.

c A map showing the number and location of monitoring bores in relation to site boundaries and areas of significant groundwater disturbance.

d Information set out in the State Planning Policy that describes groundwater chemistry and quality, including seasonal variations where applicable (including direction of flow).

e Information set out in the SPP to demonstrate that there will be negligible effect on other groundwater users and related environments. If this cannot be demonstrated than a full groundwater investigation must be conducted in accordance with the SPP.

f The proposed duration of discharge, including the normal hours of operation.

g Proposed method of dewatering (including approximate layout, use of small bunded cells (preferred) and listing of equipment to be used in the dewatering process).



227 Adopted Report


On-site treatment may be necessary prior to discharge. All waters discharged are to comply with the Queensland Water Quality Guidelines 2006 (Note any parameters not identified within the QWQG 2006 are to be taken from the ANZECC Water Quality Guidelines for the Protection of Aquatic Ecosystems).

h A contingency plan outlining proposed methods of treatment for all water quality parameters taking into consideration flow rate, on-site detention capacity and specific water quality parameter.

i Mitigation methods for nuisance odours. j Proposed point of discharge – the proposed maximum

flow rate, the point of discharge and the capacity of receiving stormwater infrastructure.

k Details of any potential recharging methods, incorporating aspects such as type of recharge (ie. direct injunction or infiltration), quality of water to be recharged, method of water storage prior to discharge, etc).

l Provision for a report to be prepared and submitted to Council on a monthly basis. The report must include, but is not limited to, the following: i Retention methods (ie. holding tank); ii Water quality results; iii Treatment required; iv Status of groundwater (ie. recharge); and v Unforeseen issues (eg. odour) and associated

corrective measures. All recommendations within the dewatering management plan must utilise enforceable, non-ambiguous terms such as ‘must be’ and ‘shall be’.

77 Compliance assessment of dewatering management plan The dewatering management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following: Matters or things against which the document must be assessed

State Planning Policy; The planning scheme’s Changes to Ground Level and Creation of New Waterbodies Specific Development Code;


228 Adopted Report


Planning Scheme Policy 14 – Management of Activities Located Within Areas of Acid Sulfate Soils; and Guidelines for Dewatering Management Plan (GCCC, December 2013).


A development application for operational work (inclusive of change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work) or; Any works commencing on site.

The dewatering management plan is not an approved plan until a compliance certificate has been issued in respect of it.

78 Compliance certificate with future operational work development applications A copy of the compliance certificate for the dewatering management plan must be provided with any future operational work development application.

79 Works must be carried out in accordance with the approved dewatering management plan All works involving dewatering or the testing, treatment and management of groundwater must be carried out in accordance with the approved dewatering management plan and any conditions imposed on the compliance certificate for the plan, to the satisfaction of the Chief Executive Officer, and at no cost to Council.



designed, implemented and maintained in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

b Sediment control structures (eg. sediment fence) must be place at the base of all materials imported on-site to mitigate any sediment runoff.


d To minimise unvegetated areas: i Construction activities must be staged; ii Filled areas must be turfed or seeded

immediately on completion; and



229 Adopted Report


iii No area should remain exposed (unvegetated) for more than 2 weeks unless construction work is being undertaken on that area.

e All polluted/contaminated water from the site, including dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site.

f The following inspection program must be carried out before the site is fully rehabilitated: i Regular inspections to ensure that adequate

erosion control measures are in place and in good condition both during and after construction; and

ii Inspections after each storm event to assess the adequacy of the erosion control measures. The applicant must make good any damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.

g Water quality must be monitored in accordance with Section 7.5 of the Best Practice Erosion & Control (IECA Australasia, November 2008) and compared with water quality objectives. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The applicant must notify Council’s Contributed Assets Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.

81 Construction of sediment basin a The sediment basin(s) proposed for the construction

phase must be designed in accordance with Appendix B of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

b Each sediment basin must have the capacity to treat flows to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed and maintained to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation.

c Sediment basins must be dewatered within 5 days after each rainfall event.

d Sediment basins and associated structures such as inlets, outlets and spillways must be designed and constructed to be structurally sound for a 10 year ARI



230 Adopted Report


rainfall event under normal circumstances. e A high-flow bypass system must be included (if

necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events.

f Accumulated sediment from basins and other controls must be removed within two months and disposed of appropriately without causing water contamination.

82 Inspections and reporting a All erosion and sediment control measures must be

inspected in accordance with Section 7 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) on a weekly basis and following runoff events until the rehabilitation works of the site is completed to the satisfaction of the Chief Executive Officer of Council.

b All drainage control structures such as diversion banks, diversion channels and temporary culvert protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event.

c Where inspection indicates a non-conformance, a Non-Conformance Report must be generated. This report must include but not limited to the following: i Details of the nature and cause of non-

conformance; and ii Details of the required corrective actions. Corrective actions must be carried out within 24 hours where practicable or as agreed with the Construction Superintendent.

d A monthly summary of Erosion and Sediment Control (ESC) performances must be compiled and retained at the site office and made available to Council’s inspectors upon request. This report must include but not limited to the following: i Filled in ESC inspection checklist of Best Practice

Erosion & Sediment Control, Section 7, Site Inspection Checklist (IECA Australasia, November 2008);

ii Description of any incidents of non-conformance and corrective actions;

iii Results of corrective actions; and iv Revisions to the Erosion and Sediment Control

Plan (ESCP).



231 Adopted Report



83 Construction management plan Part A Construction Management Requirements a The construction management plan must be submitted

in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website.







c The construction management plan must demonstrate that: i the general public will be adequately protected

from construction activities; ii the building site will be kept clean and tidy to

maintain public safety and amenity; and iii demand for occupation of the street and

protection of Council assets will be well managed. d The approved construction management plan must be

complied with and kept on-site at all times. Part B Road/footpath Closure Requirements Where as a result of construction work or activities it is necessary to temporarily close a road/footpath under the control of Council the following requirements will apply. e Where it is proposed to interfere with a road for any

building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction




232 Adopted Report


with an application for approval of a construction management plan.



84 Noise management a Noise from construction activities must not cause an

‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b A noise management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

c The noise management plan must: i be prepared by a suitably qualified acoustic

engineer; ii provide details of expected noise sources; iii include an assessment of the predicted noise

levels from all proposed construction activities; iv identify the measures and work practices that will

be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

v identify the procedures to be adopted for monitoring of noise emissions;

vi provide details of complaint response procedures that will be adopted;

vii identify the procedures to be adopted for revision and review of the noise management plan.

d The approved noise management plan must be complied with and kept on-site at all times.



233 Adopted Report


85 Dust management a The release of dust and particulate matter from

construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b A dust management plan must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work.

c The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate

emissions; iii identify the measures and work practices that will

be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring and reporting of air emissions;

v provide details of complaint response procedures that will be adopted; and

vi identify the procedures to be adopted for revision and review of the dust management plan.

d The approved dust management plan must be complied with and kept on-site at all times.


86 Haulage access / site management a Prior to the commencement of works, the applicant

must provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer.

b Loading/unloading operations must be conducted entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site.

c All reasonable methods are to be used to reduce nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector.



234 Adopted Report


d The site must be maintained in a clean and tidy state at all times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials.

e Non-recyclable debris must be transported from the site and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council.

f The applicant must ensure that gravel access areas to the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways.

g Any damage to property (including pavement damage) is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.

87 Transport of soil/fill/excavated material During the transportation of soil and other fill/excavated material: a All trucks hauling soil, or fill/excavated material must

have their loads secure and covered; b Any spillage that falls from the trucks or their wheels

must be collected and removed from the site and streets along which the trucks travel, on a daily basis; and



88 Water usage The use of potable water is not permitted in activities associated with road and pavement construction, the compaction of fill material or dust suppression. The use of recycled water is encouraged, especially where other alternative sources do not exist. Where recycled water is proposed to be used: a The use of the recycled water must be in accordance

with the requirements of the Gold Coast Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water;



235 Adopted Report










PLUMBING AND DRAINAGE

91 Application for compliance permit for sewerage works required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property.



236 Adopted Report


Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all sewerage

works within the property; b comply with Council’s:

i Trade Waste Policy; and ii Trade Waste Pre-treatment Policy and

Guidelines); and c comply with Council’s Waste Management Policy

Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note: Sewerage works must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works. Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste.

92 Application for compliance permit for water supply plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must: a be accompanied by a hydraulic design for all water




93 Application for compliance permit for fire services plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for all fire services plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must be accompanied by a hydraulic design for all fire services within the property.



237 Adopted Report


Information note: Plumbing works for fire services must not be carried out until a compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

SEWERAGE

94 Sewer reticulation a The development must be connected to Council’s

sewer reticulation system at the applicant’s cost. b Minimum size of the property connection shall be



95 Design, construction and standard of sewer reticulation The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).


96 Connection point a The existing maintenance hole MH 5/119 (S015-

02596M) located within the development site must be used as the connection point for proposed Building A as shown on drawing 7.1 and 7.2 dated Aug 2014 prepared by Andrew Halsted Architect , unless otherwise approved by Council.

b The existing maintenance hole MH 5/119 A (S015-02608M) located within the development site must be used as the connection point for proposed Building B as shown on drawing 7.1 and 7.2 dated Aug 2014 prepared by Andrew Halsted Architect , unless otherwise approved by Council

c The existing maintenance hole MH 1/119 (S015-02605M) located within the development site must be used as the connection point for proposed Building C as shown on drawing 7.1 and 7.2 dated Aug 2014 prepared by Andrew Halsted Architect, unless otherwise approved by Council.


97 Connections – arrangements with Gold Coast Water All live connections to the existing sewer main or a manhole (MH) are to be performed by Gold Coast Water at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection.



238 Adopted Report


98 Redundant sewer property connections a Any redundant sewer property service connections

within the site or servicing the development must be removed.


Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or the commencement of the use of the premises.

99 No building work over or within Council easements and minimum distance from Council infrastructure a No building work is permitted over or within any

Council public utility easements. b All proposed buildings and structures must be located

a minimum distance of 2 metres from Council infrastructure (ie. Water or sewerage infrastructure that become contributed assets) and comply with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

Timing At all times during works and then maintained.

100 CCTV video inspection The applicant must submit to Council: a A pre-construction CCTV survey video and written

report of the existing 225mm sewer main; and

Timing Prior to submission of a development application for building works.

b A post-construction CCTV survey video and written report.

Timing Compliance with (b) to occur prior to the issuing of a final inspection certificate for building work or commencement of the use of the premises.

101 Ownership and maintenance of sewerage infrastructure All private sewerage infrastructure internal to this development site must be owned and managed by a principal body corporate.



102 Water supply reticulation (potable only) The development must be connected to Council’s potable water supply system, at the cost of the applicant.


103 Design, construction and standard of water supply reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).



239 Adopted Report


104 Connection point The existing 150mm main in Christine Avenue must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.


105 Installation of property service, water meter box and meter The applicant must: a Provide property water service and water meter box at

the boundary of the development site in accordance with South East Queensland Water Supply and Sewerage Design and Construction code (SEQ D&C Code).

Timing Prior to commencement of the use of the Stage 1 premises.

b Provide a complete property service connection that includes the meter installation and tapping of the main shall be installed as directed by Council at the cost of the applicant.

.

c Ensure all development shall comply with Clause 5.11 of South East Queensland Water Supply and Sewerage Design and Construction code (SEQ D&C Code).


106 Connections – arrangements with Gold Coast Water All live connections to the existing water main are to be at the applicant’s cost. The applicant must liaise with Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to make arrangements for the connection.


107 Individual sub-metering to be provided The developer shall provide individual sub-metering for all units within the complex including any common property, in accordance with Sub-metering Policy dated 1 January 2008, as follows unless otherwise approved by Gold Coast Water. a All meters and their locations shall be approved by

Plumbing and Drainage. b Automatic Meter Reading (AMR) technology shall be

utilised where free access for meter reading cannot be provided.

c For high-rise complexes, sub-meters shall be installed in common areas such as stairwell landings or beside the elevator shaft.


108 Redundant water connections a Any redundant water meter connections within the site

or servicing the development must be removed. b The applicant must provide written evidence to Gold

Coast Water that this has occurred.

Timing Prior to the earlier of acceptance of any works ‘On Maintenance’ or commencement of use of the premises.


240 Adopted Report




110 Fire loading Fire loading must not exceed 15L/s for duration of 2 hours, unless otherwise approved by Gold Coast Water.


111 Ownership and maintenance of water supply infrastructure All water supply infrastructure internal to this development site must be owned and managed by a principal body corporate.

STANDARD NOTIFICATIONS





A Incorporation of Equitable Access at the Detailed Design Stage

All public spaces and facilities within the development must provide equitable access, including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Disability (Access to Premises – Buildings) Standards 2010.

B Bushfire Management Plan

Where the bushfire management plan (BMP) has triggered the requirements of AS3959.2009 – Construction of dwellings in bushfire prone areas, the Queensland Fire & Rescue Service (QFRS) only assesses the development’s compliance with the


241 Adopted Report


applicable performance criteria. QFRS does not accept any responsibility or liability for, or give approval as to the accuracy of the bushfire attack levels that are contained in the BMP.

C Conditions contained within the Decision Notice Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

D Referral agencies The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in the conditions of approval.

Referral agency Address Jurisdiction Department of State Development, Infrastructure and Planning

PO Box 3290 Australia Fair Southport QLD 4215

Concurrence agency – State transport infrastructure matters

E Properly made submissions There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.

F Rights of appeal The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice. For particular material changes of use, an appeal can also be made to a Building and Development Committee. Please refer to the prerequisites in sections 519 and 522 of the Sustainable Planning Act 2009, attached to this decision notice, to determine whether you have appeal rights to a Building and Development Committee. Submitters who made properly made submissions have a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 462 of the Sustainable Planning Act 2009. A copy of that section is attached to the decision notice.

G Applicant responsibilities The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws. Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for: a Obtaining all other/further necessary approvals, licences, permits, resource



242 Adopted Report







H Indigenous cultural heritage legislation and duty of care requirement The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land; c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.

I Greenhouse gas emissions As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’[email protected].


243 Adopted Report


J Infrastructure charges Infrastructure charges are now levied under a Charges Resolution by way of an Infrastructure Charges Notice, which accompanies this decision notice.

K Obligation to ensure electrical safety Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

L Water restrictions to be complied with All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments. Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00).

Part B: That the sum of $100,000 be allocated from the infrastructure charges for

parks and recreation contributions, to the upgrade of North Shore Park, in consultation with the Divisional Councillor.

CARRIED


244 Adopted Report

GCCC Maps

0 48 96 m

ProjectionMGA94, Zone 56

Disclaimer: Gold Coast City Council, Queensland 2013 or The State of Queensland 2013. No Warranty given in relation to the data (including accuracy, reliability, completeness or suitability)and no liability accepted (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not beused for direct marketing or be used in breach of the privacy laws.


245 Adopted Report

Attachment 2.1

LegendGoldCoastBoundary

GCCC Boundary

Surrounding Councils Boundary

NSW

Major RoadsHighway

Secondary Road

Road CentrelineRoad Centreline

Ocean

Waterways

Open Space

Cadastre

Road Casement

Surrounding Councils Labels

House No.

Suburbs Labels

Major Roads Labels

Minor Road Labels

Open Space Labels

Waterways Labels


246 Adopted Report

LOT 130 CHRISTINE AVE, VARSITY LAKES, RESIDENTIAL DEVELOPMENT

15 of 84

Job: 365800 RFI RESPONSE Issue: A Date: AUGUST 2014

BUILDING HEIGHT 4.4

S

N

EW

WINTER SUN

SUMMER SUN SEA BREEZE

SOUTHEAST

WEATHER

QUADRANT

5 STOREY

3 STOREY

6 STOREY

1 STOREY

7 STOREY

9 STOREY


247 Adopted Report



16 of 84


LANDSCAPE OPEN SPACE & RECREATION 4.5

BUILDING A

BUILDING B

BUILDING C

FITNESS POOL & SPA

GYM

PARTY ROOMS

YOGA LAWN

LEISURE POOL

POOL HOUSE

AMPITHEATRE

PRIVATE GATEHOUSE

MANAGER’S OFFICE

ENTRY

BASEMENT ACCESS

PUBLIC WALKWAY BY LAKE

BBQ AREA

LAWN

PUBLIC ACCESS TO LAKE ORR

01

02

03

04

05

06

07

08

09

10

11

12

13

14

15

16

17

01

02

03

0405

06

07

08

09

10

12

13

13

14

14

15

16

17

11

17

11

11111111

1111

S

N

EW

WINTER SUN


SOUTHEAST

WEATHER

QUADRANT

14

16

18

18


248 Adopted Report


47 of 84Job: 365800 RFI RESPONSE Issue: A Date: AUGUST 2014 Scale: 1:1000 @ A3

7.3OVERALL SITE - BASEMENT

S

N

EW

WINTER SUN


SOUTHEAST

WEATHER

QUADRANT

ARCHITECTURAL DRAWINGS

RESIDENTS CAR PARK

STORAGE

REFUGE


249 Adopted Report

VISITOR PARKING

BUILDING A

VISITOR PARKING

BUILDING B

VISITOR PARKING

BUILDING C



VISITOR PARKING

RESIDENTS CAR PARK

7.4OVERALL SITE - GROUND FLOORARCHITECTURAL DRAWINGS

REFUGE


250 Adopted Report



7.8BUILDING A - TYPICAL LEVEL 2-7ARCHITECTURAL DRAWINGS


251 Adopted Report



7.19BUILDING B - LEVEL 2-7ARCHITECTURAL DRAWINGS


252 Adopted Report



7.29BUILDING C - LEVEL 1ARCHITECTURAL DRAWINGS


253 Adopted Report



7.33BUILDING C - LEVEL 6ARCHITECTURAL DRAWINGS


254 Adopted Report


36 of 84


PERSPECTIVE VIEW 1 6.11KEYPLAN


255 Adopted Report


38 of 84




256 Adopted Report


40 of 84




257 Adopted Report


41 of 84Job: 365800 RFI RESPONSE Issue: A Date: AUGUST 2014



258 Adopted Report

ITEM 3 CITY DEVELOPMENT BRANCH SWIMMING POOL SAFETY FLYERS INCLUDED WITH RATES NOTICE - JANUARY 2015 PD05/566/-(P5) Refer 2 page attachment 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT To advise Council how the requirements of the Building Act 1975, Section 246 ATC are to be satisfied. Secondly, to seek Council’s authorisation for a swimming pool flyer to be included with every rates notice in the January 2015 rates notice mail out. The Building Act 1975 requires the local government to give swimming pool safety advisory information to each owner of a non-certificate regulated pool in its local government area at least once every four years. This rule was introduced into legislation in December 2010, when a single pool safety standard - Queensland Development Code Mandatory Part 3.4 became the standard for swimming pools in Queensland. The legislation further required that all regulated pools must comply with the requirements of the Pool Safety Standard by November 2015 unless the property was sold or leased before that date. This item is submitted to inform Council so that the City of Gold Coast can meet its obligations under the Building Act 1975. 4 PREVIOUS RESOLUTIONS Ex Minute No CP05.1206.025: 1 Note the contents of the Report; and 2 Authorise Financial Services to include the swimming pool safety flyers with the January

2006 Rates Notices.

Ex Minute No CP06.1205.011 1 Note the contents of this Report; and 2 Authorise Financial Services to include the swimming pool safety flyers with the January

2007 Rates Notices. 5 DISCUSSION In December 2010, State Government introduced a single pool safety standard -Queensland Development Code Mandatory Part 3.4 for all regulated swimming pools in Queensland. Essentially owners of regulated swimming pools have been given until 30 November 2015 to comply with the requirements of the standard unless the owner is selling or leasing the property with the pool before that date.


259 Adopted Report

ITEM 3 (Continued) SWIMMING POOL SAFETY FLYERS INCLUDED WITH RATES NOTICE - JANUARY 2015 PD05/566/-(P5) Section 246 ATC, states: 246ATC Local government’s obligation to give information about particular regulated pools (1) A local government must, at least once every 4 years, give the swimming pool safety advisory information to each owner of a non-certificate regulated pool in its local government area. (2) The local government may comply with subsection (1) in the way it considers appropriate. Example— A local government may include the swimming pool safety advisory information in a document given to all ratepayers in its area. (3) In this section— non-certificate regulated pool means a regulated pool included on the regulated pools register, if a pool safety certificate has not been in effect for the pool for at least 4 years. swimming pool safety advisory information means information prescribed under a regulation about matters relating to ensuring barriers for swimming pools are safe and reduce the risk of children drowning. Examples of information—

for compliance with the pool safety standard

standard To satisfy the requirements of Section 246 ATC of the Building Act 1975, an information pamphlet has been produced (refer Attachment 3.1) which details the pool owner’s obligations for a regulated swimming pool under the current swimming pool legislation. The legislation applies to existing and new pools. It is unfortunate that private domestic swimming pools are still the cause of accidental death in young children under the age of five in Queensland. Most of these deaths have been in unfenced pools, or pools with non-complying fencing. Council has been very active in the administration of the amended legislation and in trying to persuade pool owners to provide the swimming pool fencing that complies with the pool safety standard. This service has been in the form of providing advice and carrying out inspections. This service is ongoing. The distribution of flyers is considered an economical method of informing our ratepayers of their obligations under state legislation. Swimming pool fencing flyers were previously provided by State Government at zero cost to Local Government. These flyers were distributed with a Rates Notice in 2006 and 2007. Unfortunately State Government has discontinued this service and Council has had to create a flyer for this purpose.


260 Adopted Report

ITEM 3 (Continued) SWIMMING POOL SAFETY FLYERS INCLUDED WITH RATES NOTICE - JANUARY 2015 PD05/566/-(P5) 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN B. We manage the City responsibly. Our stewardship of the City provides value for money for ratepayers. 7 COMMONWEALTH GAMES IMPACT Not Applicable 8 FUNDING AND RESOURCING REQUIREMENTS The flyer to be included with the Rates Notices has been prepared by Corporate Communications at a cost of $8584.35 which will be paid from Cost Code 1004854. The cost of including the flyer with the rates notices in the January 2015 mail out is $2 per 1000. Total cost is approximately $500 which will be paid from Cost Code 1004854. 9 RISK MANAGEMENT Providing the information via a flyer is an economical method of ensuring Council meets its obligations pursuant to Section 246 ATC of the Building Act 1975. 10 STATUTORY MATTERS 232 Compliance with pool safety standard—regulated pool (1) The owner of a regulated pool must ensure— (a) the pool complies with the pool safety standard for the pool; and (b) all barriers for the pool are kept in good condition. Maximum penalty—165 penalty units. Note— This provision is an executive liability provision—see section 257. (2) However, if the regulated pool is in existence on the 2010 Act commencement day, subsection (1)(a) does not apply to the owner of the pool until the pool safety standard application day for the pool. Note— For the application of subsection (1) to particular pools constructed before the 2010 Act commencement day, see section 291. (3) Also, if an exemption under division 3 or 4 is in effect for a regulated pool, subsection (1)(a) does not apply to the owner of the pool to the extent the exemption applies. 11 COUNCIL POLICIES Not Applicable

12 DELEGATIONS Not Applicable


261 Adopted Report

ITEM 3 (Continued) SWIMMING POOL SAFETY FLYERS INCLUDED WITH RATES NOTICE - JANUARY 2015 PD05/566/-(P5) 13 COORDINATION & CONSULTATION In the table below, identify how internal and external stakeholders have been involved/participated in the proposal to date and the outcome of that participation. If an impact to the 2018 Commonwealth Games (refer section 7) has been identified, you must consult with the Commonwealth Games Unit. Name and/or Title of the Stakeholder Consulted

Directorate or Organisation Is the Stakeholder Satisfied With Content of Report and Recommendations?(Yes/No) (comment as appropriate)

Joyce Connor Corporate Communications Yes Kim Curtis Rates Yes Right to Information (RTI) and Information Privacy (IP) Legislation 2009 The RTI and IP Legislation provides rules about the release of Personal Information of External Stakeholders and the Routine Personal Work Information of officers ie: Internal Stakeholders. These rules are intended to protect the public interest, and not to hinder government accountability or the conduct of government business. The RTI/IP considerations are as follows:

Naming External Stakeholders (Personal Information): Personal Information provided by External Stakeholders eg. objectors, submitters,

consultants (including personal information contained in consultancy reports) cannot be included in a report without the individual to whom the personal information relates having been provided with a Collection Notice for the purpose of the personal information appearing in the report or alternatively having consented in writing to the disclosure of their personal information within the report. If the latter conditions cannot be met, then the report must be developed using the Confidential Template and tabled in Closed Session.

Naming Internal Stakeholders (Routine Personal Work Information: Routine personal work information of officers can normally be included in a report - be

conscious of the circumstance though where it is not appropriate to do so eg identifying a Local Law Enforcement Officer may be a security risk to the officer and his family. In the latter circumstance obtain consent.

The table below describes and provides examples of information considered personal information and routine personal work Information under the RTI and IP Legislation 2009.

Information Type

Definition Example

Personal Information

Information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

a person’s name, address, phone number or email address, a photograph or video recording of a person, a person’s salary, bank account or financial details, allegations of wrongdoing against a person, details of a person’s education, details of a person’s membership of a club, association, trade union or professional body, a person’s medical details or a person’s religious or sexual preferences.


262 Adopted Report

ITEM 3 (Continued) SWIMMING POOL SAFETY FLYERS INCLUDED WITH RATES NOTICE - JANUARY 2015 PD05/566/-(P5) Routine Personal Work Information for disclosure

Information that is solely and wholly related to the routine day to day work duties and responsibilities of a public service officer

Work email address, work phone number, fact of authorship of a work document, professional opinion, work classification or qualifications, work responsibility, incidental appearances of a person’s name in work documents

14 STAKEHOLDER IMPACTS Compliance with the Pool Safety Standard may result in a cost to pool owners. Previous pool exemptions given on the grounds of impracticality and financial hardship will be void from the date that the pool owner is required to comply with the pool safety standard. 15 TIMING The requirement to comply with the Pool Safety Standard is 30 November 2015 unless the property is sold or leased before that date. Advising pool owners in January 2015 will allow a reasonable time to comply with the standard. 16 CONCLUSION Swimming pool fencing legislation amended in December 2010 required all regulated swimming pools to be fenced to comply with the Pool Safety Standard. Pool owners have been given until 30 November 2015 to comply with the standard unless selling of leasing the property before that date. The legislation also introduced a state pool register on which all swimming pools must be registered. The legislation further requires that the local government, at least every 4 years, gives swimming pool safety advisory information to each owner of a non-certificate regulated pool in its local government area. It is considered that by including the attached flyer with the Rates Notice, Council will satisfy this statutory requirement in an efficient and economical way. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council notes the contents of this report; and

2 That Council authorises Organisational Services to include the swimming pool safety

flyers with the January 2015 Rates Notices. Author: Authorised by: Brian Gobie Gail Connolly Principal Building Surveyor Director Planning and Environment 10 November 2014


263 Adopted Report

ITEM 3 (CONTINUED) SWIMMING POOL SAFETY FLYERS INCLUDED WITH RATES NOTICE - JANUARY 2015 PD05/566/-(P5) Changed Recommendation COMMITTEE RECOMMENDATION CP14.1126.003 moved Cr Owen-Jones seconded Cr Gates 1 That Council notes the contents of this report.

2 That Council authorises Organisational Services to include the swimming pool

safety flyers with the January 2015 Rates Notices. 3 That amendments be made to the pamphlet to reference the statutory

requirements for distribution. CARRIED


264 Adopted Report

For informationP 1300 GOLDCOAST (1300 465 326) W cityofgoldcoast.com.au

Ensure your pool safety barrier compliesThe following actions can be taken to improve the safety of your pool:

• replace, tighten or adjust the hinges on the gates to make them self-closing

• make sure the pool safety barrier height is 1200 millimetres from bottom to top

• trim back any branches that a child could use to climb over the pool safety barrier

• install permanently fixed security screens on windows that open into the pool enclosure

• remove climbable objects from the pool safety barrier and surrounding area.

Common pool safety problems include:• gates are not self-closing and self-latching from

all points

• gates must return to the latched position from any point within its sweep, including resting on the latch

• adjoining boundary fences have climbable rails

• window openings into the pool enclosure are more than a 100 millimetres wide

• climbable objects near the pool safety barrier.

Does your pool fence comply with the pool safety standard?

Pool fencing regulations


265 Adopted Report

Attachment 3.1

What happens if the pool doesn’t comply at inspection?

A nonconformity notice (Form 26) will be issued by a Pool Safety Inspector.

The Form 26 advises the pool owner how the pool does not comply and what work needs to be carried out to make it comply.

If the pool owner does not ask the Pool Safety Inspector to re-inspect the pool within three months, the inspector must notify local government. Local government can then take the necessary enforcement action to ensure the pool complies with the pool safety standard.

What are the penalties for non-compliance?

$18,785 for individuals and $93,926 for corporations.

On-the-spot fines of $1821 for individuals and $5464 for corporations can also apply. Enforcement action is taken by local governments and in some cases, by the Department of Housing and Public Works.

Tenants who install their own pool, such as a portable pool or spa, must ensure the pool complies with the pool safety standard and obtain all required building approvals. Permission from the property owner may also be required.

New poolsDo new swimming pools and spas require building approval?

Yes. A building certifier must provide the building approval and must inspect and certify the pool safety barrier before the pool is filled to a depth of 300 millimetres of water or more.

Does your pool fence comply with the pool safety standard?The pool safety standard will apply to owners of existing and new pools.

Drowning is the leading cause of death in Queensland for children aged one to four years. Supervision of children and teaching them to swim at a young age can save lives.

Key changes to pool safety legislation• Pool safety certificates are required when selling, buying

or leasing a property with a pool.

• Both new and existing pools must comply with the pool safety standard by 30 November 2015, or earlier if sold or leased.

• Child-resistant doors (self-closing and self-latching doors) used as pool barriers will not be permitted.

• Fencing of all portable pools and spas capable of being filled with 300 millimetres of water or more.

• A requirement for the latest prescribed cardiopulmonary resuscitation (CPR) sign adopted by the Australian Resuscitation Council to be displayed near each pool.

• Wider application to include indoor pools and pools associated with hotels, motels, caretaker residences, caravan parks, backpackers, hostels, mobile home parks and homestays.

• Mandatory inspections by local governments for immersion incidents of children under five in swimming pools.

• All swimming pools must be registered on the State Pool Register: dip.qld.gov.au/poolsafetyregister

Selling or leasing your property prior to 30 November 2015If selling or buying a property with a non-shared pool, such as a house, townhouse or unit with its own pool or spa, a pool safety certificate must be obtained from a licensed pool safety inspector. If leasing, the owner must provide the pool safety certificate before entering into the lease.

All shared pools associated with short-term accommodation, such as hotels, motels, backpackers or hostels, must have a pool safety certificate.

Pool safety certificates - FAQsHow do I get a pool safety certificate?

Contact a Pool Safety Inspector, refer dip.qld.gov.au/poolsafetyregister

Does the pool safety certificate need to be displayed?

Only pool safety certificates for shared pools must be displayed near the main entrance to the premises, at a gate or door accessing the pool.

Where there is a shared pool, does every unit owner need to have the pool inspected separately?

No. The owner of the shared pool, usually the body corporate, needs to obtain the certificate and make it available to unit owners.

Does the tenant need to receive a copy of the pool safety certificate?

For non-shared pools, owners do not need to give their tenants a copy of the pool safety certificate, but must provide a copy to a prospective tenant if it’s a shared pool.

Is a new pool safety certificate required before each new lease?

Pool safety certificates are valid for one year for shared pools and two years for non-shared pools regardless of how many times the property is re-leased during this period.

Noncompliance


266 Adopted Report

ITEM 4 CITY PLANNING BRANCH 8TH INTERNATIONAL URBAN DESIGN CONFERENCE 2015 CM787/790/01/05/04/01(P1) This item was withdrawn on the advice of the Manager City Planning and not dealt with.


267 Adopted Report

ITEM 5 CITY PLANNING BRANCH GOLD COAST HERITAGE PLACE CONSERVATION AND USES - PRELIMINARY INVESTIGATION CE116/60/-(P3) Refer 23 page attachment 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable 3 PURPOSE OF REPORT This report addresses Council Resolution G13.1119.032 by providing a preliminary investigation into conservation and use options for Council that can assist Council in managing the city’s heritage and historic character places. 4 PREVIOUS RESOLUTIONS Council at its meeting of 19 November 2013 (Resolution No. G13.1119.032) resolved: 1 That the CEO (Director Planning Environment & Transport) prepare a report for Council

that investigates policy options for Council to take that will give officers a clear indication of Council’s intention for the preservation of heritage and character buildings, sites and features in the future.

2 That the options range from a limited action position through to proactive site purchase. 3 That the report identify a variety of potential ongoing uses (either community or

commercial) for such sites into the future. 4 That this report be provided to Council in early 2014 so that the options may be

considered as a part of the 2014-15 budget process. 5 DISCUSSION From an analysis of local case studies, the report identifies eight potential conservation options for heritage places ranging from no or low level of intervention through to high intervention: These options are: Do nothing

Through advocacy encourage property owners to conserve heritage places

Record and/or salvage components of the place

Have new development reference the heritage significance of the place

Have the new development retain parts or all of the heritage place

Relocate heritage structure to another site

Heritage listing (state or local)

Council acquires heritage place to restore/adapt

Council acquires heritage place to restore/adapt


268 Adopted Report

ITEM 5 (CONTINUED) GOLD COAST HERITAGE PLACE CONSERVATION AND USES - PRELIMINARY INVESTIGATION CE116/60/-(P3) The report also identifies four potential use options for heritage and character places. These are:

Conserve - low level use

Maintain original use.

Subdivision and infill

Adaptive re-use

No one option will suit all heritage or character places, as they are unique in terms of what makes them special and what constraints and opportunities are attached to them. These options provide a basis for developing a flexible strategic approach to managing the broad range of heritage and character places within the city. The findings of this report also highlight that heritage conservation recognises, and indeed embraces, change. If heritage and character places are to be valued as important city assets, rather than financial burdens, and survive for future generations, they must be able to adapt to new uses, demands or ways of living. They cannot be frozen in time, but rather be managed in a way that preserves their heritage value while allowing essential change to occur. The report is a preliminary investigation only, as a full consideration of conservation and use options requires a comprehensive study drawing on national and international case studies. This larger body of work will be progressed over 2014-16 as part of the Culture Strategy 2023 delivery. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN Corporate Plan Gold Coast 2020:

1.0 The best place to live and visit 1.6 Our modern centres create vibrant communities. We can work and play in our

local neighbourhoods. 2.0 Prosperity built on a strong diverse economy 2.2 We have a thriving cultural economy. Our city attracts and retains creative

skills, talent and investment. 2.5 We are a globally recognised tourism destination. Our city attracts visitors

from all over the world. 3.0 People contribute to a strong community spirit 3.4 Our city embraces culture every day. We are a creative community. Supporting the delivery of Gold Coast 2020 B. We manage the city responsibly

Culture Strategy 2023: Strategic Outcome 3: A Community that values its cultural heritage

3.2 A coordinated and cohesive approach to the city collection – custodians of our city’s art and heritage

3.3 Develop a Heritage Management Plan – an innovative vision for managing heritage

3.4 Heritage Assistance – supporting our community to conserve our past


269 Adopted Report

ITEM 5 (CONTINUED) GOLD COAST HERITAGE PLACE CONSERVATION AND USES - PRELIMINARY INVESTIGATION CE116/60/-(P3) 7 COMMONWEALTH GAMES IMPACT Not Applicable. 8 FUNDING AND RESOURCING REQUIREMENTS Not Applicable. 9 RISK MANAGEMENT Not Applicable. 10 STATUTORY MATTERS Not Applicable. 11 COUNCIL POLICIES Not Applicable. 12 DELEGATIONS Not Applicable. 13 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Gail Connolly, Director P&E Yes Kim Mahoney, Manager City Planning

P&E Yes

Ed Haysom, City Architect P&E Yes 14 STAKEHOLDER IMPACTS Not Applicable 15 TIMING Not Applicable 16 CONCLUSION This report addresses Council Resolution G13.1119.032 by providing a preliminary investigation into conservation and use options for the city’s heritage and character places. To survive and be valued by the community, heritage and character places must be able to adapt to new uses, demands or ways of living.


270 Adopted Report

ITEM 5 (CONTINUED) GOLD COAST HERITAGE PLACE CONSERVATION AND USES - PRELIMINARY INVESTIGATION CE116/60/-(P3) The report identifies eight potential conservation options and four potential use options based on local Gold Coast case studies. These options will be considered as part of a comprehensive study drawing on national and international case studies, which will occur over 2014-16 as part of the Culture Strategy 2023 delivery. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council notes the Gold Coast Heritage Place Conservation and Use – Preliminary

Investigation report will be used to assist in the assessment of development sites that contain a heritage component.

2 That Council notes further investigation of heritage place conservation and use options will be undertaken as part of the Culture Strategy 2023 delivery.

Author: Authorised by: Kevin Rains Gail Connolly Coordinator Cultural Heritage Development Director Planning and Environment 19 November 2014


271 Adopted Report

ITEM 5 (CONTINUED) GOLD COAST HERITAGE PLACE CONSERVATION AND USES - PRELIMINARY INVESTIGATION CE116/60/-(P3) COMMITTEE RECOMMENDATION CP14.1126.005 moved Cr Betts seconded Cr Owen-Jones 1 That Council notes the Gold Coast Heritage Place Conservation and Use –

Preliminary Investigation report will be used to assist in the assessment of development sites that contain a heritage component.

2 That Council notes further investigation of heritage place conservation and use

options will be undertaken as part of the Culture Strategy 2023 delivery. CARRIED


272 Adopted Report

1

Gold Coast Heritage Place Conservation and Uses – Preliminary Investigation

20/11/14


273 Adopted Report

Table of Contents

1. Executive Summary ................................................................................................................... 3

2. Introduction ................................................................................................................................ 3

3. Heritage place conservation options ........................................................................................ 4

4. Potential uses of heritage and character places ...................................................................... 7

5. Conclusion .................................................................................................................................. 9

6. Case studies – conservation approaches ...............................................................................10

7. Case studies - uses ...................................................................................................................18


274 Adopted Report

1. Executive Summary This report addresses Council Resolution G13.1119.032 by providing a preliminary investigation into conservation and use options for Council that will assist in managing the city’s heritage and historic character places. From an analysis of local case studies, the report identifies eight potential conservation options for heritage places ranging from no or low level of intervention through to high intervention: These options are:

Do nothing Through advocacy encourage property owners to conserve heritage places Record and/or salvage components of the place Have new development reference the heritage significance of the place Have the new development retain parts or all of the heritage place Relocate heritage structure to another site Heritage listing (state or local) Council acquires heritage place to restore/adapt

The report also identifies four potential use options for heritage and character places. These are:

Conserve - low level use Maintain original use. Subdivision and infill Adaptive re-use

No one option will suit all heritage or character places, as they are unique in terms of what makes them special and what constraints and opportunities are attached to them. These options provide a basis for developing a flexible strategic approach to managing the broad range of heritage and character places within the city. 2. Introduction This report addresses Council Resolution G13.1119.032 that seeks:

an investigation of policy options for Council to take that will give a clear indication of Council’s intention for the preservation of heritage and character buildings, sites and features in the future;

that the options range from a limited action position through to proactive site purchase; and

that a variety of potential ongoing uses (either community or commercial) for such sites be identified.

The report is a preliminary investigation only, as a full consideration of policy options requires a comprehensive study drawing on national and international case studies. This larger body of work will be progressed over 2014-16 as part of the Culture Strategy 2023 delivery. In considering the policy options, the report utilises the concept of heritage conservation, which is a broader concept than heritage protection and generally the one advocated by leading heritage bodies. Heritage protection is simply the retention of the physical fabric of heritage places and sites, and only one aspect of heritage conservation. Conservation relates to preserving heritage value, or what is significant about a heritage place. Heritage


275 Adopted Report

value can derive from a place’s history, architecture, aesthetics and social and spiritual associations. While it is often inscribed in the physical fabric of a place, it can also be embodied in more esoteric aspects of the place, such meanings, stories, traditions and patterns of life. As these various aspects will differ for each place, every heritage place has a unique heritage value. Heritage places can also be ranked in terms of level of significance. Some, due to factors such as rarity, high levels of originality or intactness, or connections to important people or historical events, are deemed to be more important than others. Depending on the level of significance, these places may meet the threshold for listing on local, state or the federal registers. Some places may be too numerous or of only minor significance, and are better classed as character places. Not only are heritage places unique in terms of their individual heritage value, but their planning context will also vary. Their conservation will be influenced by opportunities and constraints from such factors as their state of repair, development requirements, zoning, funding, community interest or support, political influences, and safety and equity legislation. Because each heritage place is unique in terms of its significance and context, conservation approaches will differ; conservation is often a balance between the ideal situation and the practical realities. In most cases heritage value is heavily linked to the fabric of the place, and keeping the physical place (or key components of it) is the optimal strategy for conserving heritage value. However, heritage conservation also embraces a variety of other approaches for maintaining overall heritage significance, such as collecting oral histories; installing interpretive signage; documenting the place; salvaging important items; relocating structures; and signifying values through new development. Heritage places are a non-renewable resource. Any changes must be thoroughly considered and, where possible, of low impact or reversible at a later time. Salvage, recording, interpretation and other strategies should not be an alternative to retention unless this is unviable. 3. Heritage place conservation options A range of conservation options can suit the circumstances of individual places. The options discussed below relate to places other than those already listed on the Queensland Heritage Register (QHR) or the Gold Coast Local Heritage Register (GCLHR). They have been based on local case studies and consideration of the Burra Charter, the national standard for heritage conservation. Each measure has its advantages and disadvantages. As already noted, the significance and context of every heritage place is unique, and the advantages and disadvantages of each option have to be assessed before determining what course of action may be implemented. In many instances more than one strategy may be appropriate for a particular place. To provide a better understanding of when the eight identified options might be considered, they are presented in a matrix (Figure 1) that orders their applicability in relation to two key variables: level of heritage significance and level of risk to the place. The levels of heritage significance are determined as: Low – the place would not meet the criteria for a local heritage listing. It should be considered a character place.


276 Adopted Report

Medium – the place would meet the criteria for a local heritage listing. High – the place would meet the criteria for both a local and state heritage listing. The levels of risk are determined as: Low – there is a high capacity to conserve the place in-situ. The place is not under immediate threat of demolition or there is adequate funding or owner support to incorporate the place in new development. The place is in good-fair physical condition and is feasible to re-use. Medium – there is some capacity to conserve the place in-situ. The place may be at some risk of demolition or there is some funding or owner support to incorporate the place in new development. The place is in good-fair physical condition and is feasible to re-use. High – there is little or no capacity to conserve the place in situ. The place may be at immediate risk of demolition or there is little funding or owner support to incorporate the place in a new development. The place may be in poor physical condition and so is economically unfeasible to retain. One scenario that has not been included here is the complete replication of a heritage place. The Burra Charter allows for the partial replication of a heritage building or structure if this assists with understanding or interpreting the place, but does not advocate for the total rebuilding of a place with new materials. Reconstructed elements have no intrinsic heritage value, and if a heritage place is lost, other methods of preserving heritage value, such as recording and interpretation, should be considered first. Only under extraordinary circumstances, and for heritage places that have such high public value (such as the rebuilding of Windsor Castle in the U.K. after the devastating 1992 fire), would reconstruction be a viable alternative.


277 Adopted Report

Figure 1. Heritage Places Conservation Options Matrix

Option Do nothing Community advocacy and advice

Salvage and/or record Reference heritage values in new development and/or retain some historic elements

Retain most or all of heritage place in new development

Relocate heritage structure

Heritage listing (state or local)

Council acquires place to restore/adapt

Case study El Rancho; Miami Ice; Linga Longa

Pink Poodle Motel Gregory House Nerang Lock-up; Dolan Residence

Former Southport Town Hall; Rosser Family House and Garden

Kirra Hill Community and Cultural Centre

Advantages No expense to Council

Little to moderate expense to Council

Increases council engagement with the community

Community benefit


Heritage information or items preserved

Community benefit Opportunities for

future research and interpretation projects


Some heritage values preserved through memorialisation and retained elements

Community benefit


Some or all heritage values preserved through retention of historic fabric

New opportunities for adaptive re-use of historic places

Community benefit

Many heritage values are preserved through the retention of the structure

the heritage place can be adapted for new uses and community benefit

Community benefit

Provides the strongest level of protection

Listing makes properties eligible for heritage grants

The QHR has no financial impact on Council

Community benefit

The place is conserved in the long-term

Council is able to provide the place for community benefit

Adaptation of existing infrastructure is usually cheaper than building from new

Community benefit

Disadvantages Heritage places are lost

No opportunity to salvage materials or historic information

highest risk of public backlash

Council does not meet State or community expectations.

Difficult to measure the success of education and advocacy programs

Difficult to target program to specific places.

The heritage place itself is lost

Transportation and storage of salvaged items requires funding

Success dependent on early notification of the development and stakeholder negotiation

Heritage place is lost

Replicated elements have no heritage value

Negotiations can be time-consuming


Replicated or retained elements can become tokens and conflict with future requirements

Substantial changes to spatial context



The retained place can be perceived by the developers as a constraint and conflict with future requirements

Original spatial context lost


The relocation process is logistically complex and can be costly

The building needs to have a suitable recipient site and new use ( not always possible)

Not suitable for all buildings

Only a relatively small number of heritage places would meet the criteria for listing

Constraints and bureaucratic red tape for owners

For the GCLHR there is a financial impact on Council as the administrator of the list

Medium to high cost to Council

The place needs to meet an identified community need, and therefore not suitable for all places or areas

Conservation planning and implementation can be complex and time-consuming for Council staff.

Plac

e si

gnifi

canc

e

Low Low risk Medium risk High risk

Medium Low risk (Local listing)

Medium risk (Local listing)

High risk (Local listing) High Low risk

(State and local listing)

Medium risk

(State and local

listing)

High risk

(State and local

listing)


278 Adopted Report

4. Potential uses of heritage and character places Like conservation options, the potential uses for heritage places vary with the nature of the places and their contexts. Four general scenarios are discussed here. Conserve - low level use In this option, use of the heritage place is strictly limited to low impact or minimal uses. Essentially the place is conserved as an archaeological or historical feature within the landscape or streetscape. Their uses can include backdrops for events, weddings, films, promotions, heritage tours, and as a contribution to character precincts. There is no or limited public access to the place itself. This use option would only apply to places that can no longer fulfil their original or intended use, and are deemed too rare, fragile, important or specialised to be modified for another use. Maintain original use. In this option, a place is conserved to a level appropriate for maintaining an existing function. Intervention, such as essential repairs, maintenance, restoration of fabric and facility upgrades, may occur only when needed, or extend to a complete restoration. This use would apply to those places which, in terms of design and facilities, can still maintain their original function with limited modification. Subdivision and infill For heritage places on large allotments, there is potential to subdivide the allotments for new development while retaining the existing structure. This use only suits larger allotments and where zoning allows for infill development. If buildings need to be shifted within the allotment, this would only be suitable for light-weight structures, not masonry structures. Subdivision and infill development can have some detrimental impact on heritage places by altering view-lines and spatial setting. Adaptive re-use This option is becoming increasingly popular across the globe as cities seek to retain heritage places while making them relevant to social and economic changes. It involves modifying a place, often through new additions, demolition of some fabric, and certain internal changes, to allow it to either continue a current use or accept a new use. For Council, consideration could be given to adapt heritage places as community facilities, either managed directly by Council or managed through a community organisation. The other option is to lease such places out or sell to the private sector for commercial or residential purposes. Adaptive re-use options include community meeting rooms, community centres, museums, visitor centres, art spaces, café or tea rooms, incubator space for niche industries, or private or subsidised social housing. The use will depend on the place and its capacity to be adapted – care must be taken not to select a use that requires such dramatic change that the heritage values of the place are significantly reduced or destroyed. Some uses, such as


279 Adopted Report

a restaurant or bar, will require greater adaptation due to the need to install kitchens and cold rooms, than a less intensive use, such as meeting rooms. Size, aspect and aesthetics of the place will be influencing factors. For instance, a large building in a central location with attractive architectural qualities could be adapted as premium office space. Small post-war cottages and flats might be better positioned as affordable housing, small businesses or as holiday accommodation or specialty shops for the growing retro scene. The greater the change, the higher the cost and less affordable a place will be to tenants unless subsidised. This option can be applied to a wide number of heritage sites provided the intended uses and required modifications are compatible with the heritage values. The nature of the change can range from minimal to substantial, and driven by budget, client needs and the constraints and opportunities of the site.


280 Adopted Report

5. Conclusion This preliminary report into heritage place conservation for City of Gold Coast identifies eight potential conservation strategies for different kinds of places and circumstances. The strategies range from a ‘do nothing’ approach, through to minimal or moderate intervention, to site acquisition and conservation. The report also identifies four potential uses for heritage sites within the city, ranging from a minimal use scenario to the adaptive re-use of places for community or private use. The options outlined in this report have been identified largely by analysis of local case studies. It is recommended that these options be explored further by analysis of national and international data. In particular it is important to identify further options, in particular those that may be new and cutting edge, and provide cost-benefit analyses for all options. The variety of conservation and use options demonstrates the inherent flexibility of the heritage conservation process, which recognises that practical constraints and circumstances will always impact how places are managed. Council is not beholden to adopt only one option, and indeed this would be counter-productive as each heritage or character place is unique and comes with its own set of opportunities and constraints. The best management approach is to recognise this diversity and develop a conservation policy or plan than incorporates a spectrum of strategies. The findings of this report also highlight that heritage conservation recognises, and indeed embraces, change. If heritage and character places are to be valued as important city assets, rather than financial burdens, and survive for future generations, they must be able to adapt to new uses, demands or ways of living. They cannot be frozen in time, but rather be managed in a way that preserves their heritage value while allowing essential change to occur.


281 Adopted Report

6. Case studies – conservation approaches Record the place or salvage components of the place El Rancho Motel, Miami. This 1960s motel was demolished in 2008. Council was alerted to the impending demolition by a member of the community, and in an instance of the ‘quick and dirty; approach, Council staff were able to access the site to undertake superficial documentation of the demolition and salvage the iconic sign which is now in open air storage at Council’s Southport Depot. An attempt to make a rubbing of a tiles wall mural was not successful

The demolition of the El Rancho Motel, Miami, and the salvaged motel sign.


282 Adopted Report

Record the place or salvage components of the place Linga Longa This 1920s beach house in Currumbin was demolished and redeveloped in 2013. Council was alerted to this demolition by a newspaper article and Council staff were able to negotiate with the developers to commission a heritage architect to produce measured drawings and an archival quality photographic record.

Linga Longa, prior to demolition, 2013


283 Adopted Report

Record the place or salvage components of the place Miami Ice This 1950s iceworks at Miami was demolished and redeveloped in 2013. Council commissioned a heritage architect to produce measured drawings and an archival quality photographic record. Council staff were also able to acquire some of the internal machinery. An attempt was made to salvage the iconic façade of this building, but this was not possible due to its asbestos construction and severe termite damage.

Miami Ice exterior and interior, prior to demolition, 2013

Salvaging equipment from Miami Ice, 2013


284 Adopted Report

New development references the heritage significance of the place/ retain part or all of the place in new development The Pink Poodle Motel The iconic 1960s Pink Poodle Motel at Broadbeach was redeveloped in 2003. Through offering development bonuses, Council was able to negotiate to have the arched colonnade and neon façade sign replicated in the new development (a multi-storey resort, day spa and restaurant). As part of the development bonus package, Council was also able to negotiate the reinstatement of the free-standing neon street sign on the Gold Coast Highway and the terrazzo poodle motif in the foyer. The retention of the neon sign was a significant outcome for the community as it is among the most photographed icons on the Gold Coast.

Original Pink Poodle Motel façade (left) and reconstructed façade in the new development (right)

The free-standing Pink Poodle Motel sign


285 Adopted Report

Retain part or all of the place in new development

Gregory House, Southport. This historic but unlisted 1880s residence in Southport was redeveloped in 2010. Initially the structure was slated for demolition to make way for two new detached houses, but Council staff negotiated with the owners to retain and restore the existing structure by offering incentives such as concept drawings, wavering of some Council fees and facilitation of the DA process. The original structure was moved forward on the allotment (to allow for construction of a second house behind under community title arrangement) and raised to permit the building of rooms beneath. Restoration of original features, such verandahs and French doors which had been lost over time, occurred to a high standard. There were also some negative changes, particularly the loss of the original brick chimney, a substantial change to the aspect of building due to lifting, and reduction of curtilage. Overall, however, the project produced a heritage home superbly adapted to contemporary living.

The redevelopment of Gregory House, Southport


286 Adopted Report

Relocation to another site Nerang Lockup This 1880s building, once part of the original Nerang Police station, has been relocated twice, once to Carrara Stadium, and subsequently to Heritage Park at Pimpama. Although no longer in its original context, it is used for historical interpretation at Heritage Park.

The Nerang Lockup Dolan Residence This early farmhouse in Currumbin Valley was offered to Council for relocation following the sale and redevelopment of the original farm. Due to its fragile condition, the cost of relocation and rebuilding was prohibitive, while a suitable recipient site and new use could not be found.

Dolan Residence


287 Adopted Report

Heritage listing (state or local) Southport Town Hall (former). Built in 1934 by the well know architectural firm of Hall and Philips as the headquarters of the then Southport Town Council, the former Southport Town Hall is listed on the Queensland Heritage Register

Southport Town Hall (former) Rosser Family House and Garden Established in the 1920s at Benowa, Rosser’s House and Garden have been listed on the Gold Coast Local Heritage Register

Rosser Family House and Garden, Benowa (photographer John Mills)


288 Adopted Report

Council acquires place to restore/adapt it

The Kirra Hill Community and Cultural Centre The Kirra Hill Community and Cultural Centre, was originally built in 1919 as the Coolangatta State School. After many years of service and various additions, the school was closed in 2006 and given in trust to Council. Council undertook an extensive restoration of the buildings, adapting them for use as a community centre, which is managed by Council.

The former Coolangatta State School prior to restoration

The Kirra Hill Community and Cultural Centre, 2013 (photographer John Mills)


289 Adopted Report

7. Case studies - uses

Conserve - low level use Tallebudgera Post Office The former Tallebudgera Post Office, is a rare example of a small, privately run post office built in the 1870s and which operated until the 1950s. Listed on the Queensland Heritage Register and Gold Coast Local Heritage Register, this site was purchased and restored by Council in 2004. In order to preserve original fabric and finishes, the restoration was undertaken as a stabilisation, with only the most essential repairs being undertaken, rather than an attempt to return it to a ‘new’ condition. This small, fragile building is unsuitable for occupation as such a use would necessitate an unacceptable level of modification to make the structure compliant with building standards, and subject it to excessive wear and tear. Instead, it is conserved within its park setting as a local landmark that is used for photo opportunities.

The former Tallebudgera Post Office


290 Adopted Report

Maintain original use. Southport Town Hall (former) The former Southport Town Hall has remained a centre of Council administration from 1934 to today. To keep it functioning, the building has undergone repairs, maintenance and upgrades to services and toilets, as well as some restoration of early details.

Former Southport Town Hall


291 Adopted Report

Subdivision and infill Gregory House, Southport. When Gregory House was redeveloped in 2010, the work entailed moving the historic house forward on the allotment and constructing a new, double-storey dwelling at the rear of the property on community title. The second dwelling provides rental income to the owners, who occupy the restored, original house. The second dwelling is executed in a contemporary but sympathetic design that does not detract from the aesthetics of the original house.

Gregory House, with second residence to the right.


292 Adopted Report

Adaptive re-use Southport Ambulance Station Built in the 1920s, the former Ambulance Station in Southport is an example of a privately owned commercial site that has been adaptively re-used. Although widely recognised for its heritage values, it is not on any heritage register. The current owners have sensitively adapted the building for use as an office for an architectural practice, as well as a ground floor café. Changes included a contemporary extension at the back and restoration of the façade of the 1920s structure.

Southport Ambulance Station (former) Kirra Hill Community and Cultural Centre The conversion of the former Coolangatta State School into the Kirra Hill Community and Cultural Centre involved a substantial building program. A conservation management plan was produced which identified significant and non-significant fabric and detailed policies for care and use of the place. The original sections of the school, as well as 1950s extensions, were retained, while later, non-significant structures, such as tin sheds and demountable classrooms, were removed. The retained buildings were restored to their period detailing while also adapted for a wide range of community uses, including meetings, art classes, functions, conferences and consultations. An early classroom was also recreated to provide space for history and heritage displays. Among the essential works was a major upgrade of the building to comply with current fire, safety, accessibility and health regulations, the removal of all asbestos, repair of rot and termite damage, and installation of a lift. Some of these works required compromise with the heritage fabric, and where necessary controlled removal of this fabric was allowed.


293 Adopted Report

New meeting room

Function room


294 Adopted Report

Council of the City of Gold Coast PO Box 5042 GCMC Qld 9729 P 1300 GOLDCOAST E [email protected] W cityofgoldcoast.com.au


295 Adopted Report

ITEM 6 CITY DEVELOPMENT BRANCH PROPOSED TLPI INCLUDING THE DRAFT PARTY HOUSE SPECIFIC LAND USE CODE PD98/LF(P9) Refer Attachments 6.1 and 6.2 1 BASIS FOR CONFIDENTIALITY Not applicable. 2 EXECUTIVE SUMMARY Not applicable. 3 PURPOSE OF REPORT The purpose of this report is to present the proposed temporary local planning instrument, cited as Temporary Local Planning Instrument No. 1 (Party houses) 2014 and recommend the taking of the next step by Council for the making of a temporary local planning instrument in accordance with Statutory guideline 04/14—Making and amending local planning instruments. 4 PREVIOUS RESOLUTIONS Council at its meeting on 16 October 2014 (G14.1016.019; CP14.1014.008) resolved:

(1) To make a temporary local planning instrument for the purpose of identifying the party house restriction area and implementing party house land use controls under Part 7A of the Sustainable Planning Act 2009 and to advise the Minister of this decision.

(2) To make the scope of the temporary local planning instrument as follows:

(a) pursuant to section 755C of the Sustainable Planning Act 2009, to make all of the planning scheme area a party house restriction area; and

(b) plan for the approval and regulation of limited party houses generally in the Surfers Paradise entertainment precinct.

(3) To seek the urgent assistance from the Minister to ensure that the proposed temporary local planning instrument will be decided expeditiously.

A presentation on the draft party house assessment code for the temporary local planning instrument was provided to the City Plan 2015 Special Committee meeting on 18 November 2014, at which the following recommendations were adopted:

(1) That the presentation on the draft Party House Specific Development Code be noted.

(2) It be noted that a report will be presented to the next City Planning Committee asking Council to resolve to send the proposed Temporary Local Planning Instrument, containing the draft Party House Specific Development Code, to the Minister for State Development, Infrastructure and Planning for consideration.

5 DISCUSSION 5.1 Actions since previous Council resolution

Council wrote to the Minister for State Development, Infrastructure and Planning on 24 October 2014 advising of Council’s decision to make a temporary local planning instrument and requesting the Minister’s urgent assistance in expediting consideration of the temporary local planning instrument when it is submitted to the Minister.


296 Adopted Report

ITEM 6 (CONTINUED) PROPOSED TLPI INCLUDING THE DRAFT PARTY HOUSE SPECIFIC LAND USE CODE PD98/LF(P9) The proposed temporary local planning instrument, cited as Temporary Local Planning Instrument No. 1 (Party houses) 2014, has been prepared (proposed TLPI). It is Attachment 6.1.

5.2 Duration of the proposed TLPI and relationship with the planning scheme

Under the Sustainable Planning Act 2009 (SPA), a temporary local planning instrument operates for a maximum of one year. It is proposed that the proposed TLPI operate for one year.

Because the City Plan 2015 is likely to commence during the lifetime of the proposed TLPI, the proposed TLPI has been drafted in two parts:

one part (Part 4) affects the operation of the current 2003 Gold Coast Planning Scheme for as long as it is the operative planning scheme; and

the other part (Part 5) affects the operation of City Plan 2015 from the date it takes effect as the planning scheme.

It is intended that after City Plan 2015 commences, City Plan 2015 will be amended to incorporate the party house provisions that are in Part 5 of the proposed TLPI. Some further work will be required to properly integrate the party house provisions into an amendment to City Plan 2015. 5.3 ‘Party house’ definition The term ‘party house’ is defined in section 755A SPA. It is a statutory use definition made by the State that Council does not have the ability to change. The definition is:

‘party house means premises containing a dwelling that is used to provide accommodation or facilities for guests if—

(a) the premises, or any part of the premises, is regularly used by guests for parties, including, for example, bucks nights, hens nights, raves, wedding receptions or similar parties; and

(b) the accommodation or facilities are provided for a period of less than 10 days; and

(c) the accommodation or facilities are provided for a fee; and

(d) the premises is not occupied by the owner of the premises during the period mentioned in paragraph (b).’

The requirement that it be a ‘dwelling’ ‘regularly used’ by guests for parties distinguishes a ‘party house’ from other land uses, such as Short-term accommodation. As explained by the Deputy Premier and Minister for State Development, Infrastructure and Planning in his introductory speech regarding the SPA party house provisions:

‘[The provisions] will not prevent the owner of a dwelling from leasing their premises to tenants for accommodation, or a property owner or tenant from hosting celebrations. The aim…is to deal with residential dwellings that are regularly being hired, rented or leased out for the purpose of hosting the type of events that mean the dwelling actually constitutes a party house as defined in SPA, and the use of the property has extended well beyond the residential use for which the property has a right’.’


297 Adopted Report

ITEM 6 (CONTINUED) PROPOSED TLPI INCLUDING THE DRAFT PARTY HOUSE SPECIFIC LAND USE CODE PD98/LF(P9) 5.4 Party house restriction area The proposed TLPI identifies all of the planning scheme area as a ‘party house restriction area’. Pursuant to section 755D SPA, the effect of a party house restriction area means an existing residential dwelling (defined in SPA as a self-contained residence that is a dual occupancy, dwelling house, dwelling unit or multiple dwelling (eg. apartment)) does not and never did have the right to operate as a ‘party house’. The party house restriction area operates retrospectively and enables Council to regulate existing (as well as new) party houses through the proposed TLPI. The party house restriction area cannot prohibit the future approval of a party house in the restriction area. SPA prevents the proposed TLPI from prohibiting a party house use. Because the proposed TLPI identifies all of the planning scheme area as a party house restriction area, it means that from the date the proposed TLPI commences:

no-one can lawfully operate a ‘Party house’ without a specific ‘Party house’ development approval;

a development offence will be committed if a residential dwelling is used as a ‘Party house’ without a specific ‘Party house’ development approval; and

anyone wanting to operate a ‘Party house’ anywhere in the City must make a development application to Council for a development permit for material change of use for use of the premises as a ‘Party house’.

5.5 Development applications for party house The proposed TLPI will apply City-wide. The proposed TLPI makes a material change of use for a ‘Party house’ impact assessable across the City. The proposed TLPI limits the encouraged location of party house to those areas of the City specifically designated for entertainment. For the purpose of the current planning scheme, this is Precinct 1—Entertainment of the Surfers Paradise Local Area Plan. For the purposes of City Plan 2015, this area is reflected in a specific overlay map in Schedule 4 of the TLPI which generally reflects the boundary of that precinct. In addition to the above, the proposed TLPI creates new provisions that will apply to the assessment of a development application for a ‘Party house’, comprising:

strategic provisions;

an assessment code; and

some administrative definitions/provisions.


298 Adopted Report

ITEM 6 (CONTINUED) PROPOSED TLPI INCLUDING THE DRAFT PARTY HOUSE SPECIFIC LAND USE CODE PD98/LF(P9) 5.5.1 Strategic provisions The proposed TLPI contains provisions which affect the strategic elements of the relevant planning scheme. In short, the proposed TLPI’s strategic provisions articulate the desired outcome and strategic intent that party house use occur only in those areas of the City specifically designated as entertainment areas, so as to avoid conflicts with residential amenity. 5.5.2 Assessment code The proposed TLPI contains two versions of an assessment code – one to apply during the lifetime of the current 2003 Gold Coast Planning Scheme (in Schedule 2 of the proposed TLPI) and the other to apply from when City Plan 2015 commences (in Schedule 3 of the proposed TLPI). This is necessary because of the difference in the drafting style and structure between the two planning schemes. The content of the two versions of the code is substantially the same. In summary the subject matter of the codes comprises:

1 Location 2 Streetscape presentation 3 Intensity 4 Hours of operation 5 Amenity 6 Public observation 7 Traffic and car parking management 8 Pedestrian access 9 Crowd management 10 Lighting 11 Advertising devices

Note—The advertising devices provision is only in the code in Schedule 2 of the proposed TLPI which will apply during the lifetime of the current planning scheme. It is not in the code in Schedule of the TLPI which will apply when City Plan 2015 commences because advertising devices are not regulated in draft City Plan 2015.

12 Waste management and collection 13 Compliance with conditions 14 Complaint management 15 Record-keeping

5.5.3 Administrative definitions As discussed above, the use definition of ‘Party house’ is a State statutory definition SPA, which Council cannot change.


299 Adopted Report

ITEM 6 (CONTINUED) PROPOSED TLPI INCLUDING THE DRAFT PARTY HOUSE SPECIFIC LAND USE CODE PD98/LF(P9) Council is allowed to create supporting administrative definitions. The proposed TLPI includes two administrative definition provisions:

a definition of the expression ‘regularly used’ in the ‘Party house’ use definition, which says for the purpose of that use definition, ‘regularly used’ is taken to mean more than twice in any consecutive 12 months and excludes use by schoolies during the Gold Coast Schoolies period or during a major event prescribed under the Major Events Act 2014; and

a provision that states that a party house use is not a ‘temporary use’. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN Alignment to the Corporate Plan Gold Coast 2020 includes the following:

1.1 Our city provides a choice of liveable places

2.5 We are a globally recognised tourism destination. 7 FUNDING AND RESOURCING REQUIREMENTS The costs for Council include the costs of:

making the proposed TLPI;

developing an assessment framework for development applications for Party houses;

assessing development applications for Party houses; and

enforcing compliance with the planning instrument and development approvals. 8 RISK MANAGEMENT Not applicable. 9 STATUTORY MATTERS The making of a temporary local planning instrument must follow the process in Statutory guideline 04/14—Making and amending local planning instruments. 10 COUNCIL POLICIES Not applicable. 11 DELEGATIONS Not applicable.


300 Adopted Report

ITEM 6 (CONTINUED) PROPOSED TLPI INCLUDING THE DRAFT PARTY HOUSE SPECIFIC LAND USE CODE PD98/LF(P9) 12 COORDINATION & CONSULTATION As implementation of the Party house land use provisions has land use planning, development assessment and development compliance implications, the following stakeholders have been involved in early working discussions on the matters the subject of this report: Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Manager City Development – Matthew Hulse

P&E Yes

Manager City Planning – Kim Mahoney

P&E Yes

City Solicitor – David Montgomery

Office of the CEO Yes

13 STAKEHOLDER IMPACTS External and internal stakeholders will be consulted during the process of drafting the local planning instrument. 14 TIMING Not applicable. 15 CONCLUSION The SPA party house provision were introduced in response to what was described by Deputy Premier and Minister for State Development, Infrastructure and Planning in his introductory speech as ‘community concern about the need for the state to address the issue of party houses in residential areas.’ The proposed Temporary Local Planning Instrument No. 1 (Party houses) 2014 identifies all of the planning scheme area as a party house restriction area, affects the operation of the applicable planning scheme and contains development assessment provisions for the assessment of development applications for party houses. To progress implementation of the party house land use provisions, Council must give the proposed TLPI to the Minister for consideration. The SPA party house provisions are brand new. They commenced on 1 October 2014. In preparing the proposed TLPI, Council is constrained by those provisions (including the SPA definition of ‘party house’), but working with those provisions has prepared a proposed TLPI that is considered to be an appropriate step forward in seeking to address what was described by the Deputy Premier and Minister for State Development, Infrastructure and Planning in his introductory speech as a ‘long-standing problem’. The proposed TLPI does this by seeking to ensure party houses are located in areas specifically identified as entertainment areas, so as to avoid conflict with residential amenity and seeks to regulate the operation of party houses to ensure their use does not adversely impact on residential amenity.


301 Adopted Report

ITEM 6 (CONTINUED) PROPOSED TLPI INCLUDING THE DRAFT PARTY HOUSE SPECIFIC LAND USE CODE PD98/LF(P9) The proposed TLPI will operate alongside other statutory regimes, including the Police Powers and Responsibilities Act 2000 which, as highlighted by the Deputy Premier and Minister for State Development, Infrastructure and Planning in his introductory speech, provides ‘police powers to deal with out-of-control events and out-of-control behaviour, such as the behaviour that may occur at a party house’. It is noted that the Parliamentary Committee that examined the Bill that introduced the provisions into SPA recommended that the Department of State Development, Infrastructure and Planning review the implementation of the party house provision in consultation with local governments, affected residents and other stakeholders within 12 months’ time of commencement to ensure that the intent of the provisions is achieved. 16 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council propose a temporary local planning instrument, Temporary Local

Planning Instrument No. 1 (Party houses) 2014, in the form of Attachment 6.1. 2 That Council write to the Minister requesting the Minister’s consideration of the

proposed Temporary Local Planning Instrument No. 1 (Party houses) 2014. 3 That, in accordance with Statutory guideline 04/14—Making and amending local

planning instruments, section 4.2.1 (Step 3), Council give to the Minister:

a) a written statement about why the local government proposes to make Temporary Local Planning Instrument No. 1 (Party houses) 2014, in the form of Attachment 6.2;

b) a written statement about how the proposed Temporary Local Planning

Instrument No. 1 (Party houses) 2014 complies with section 105 of the Sustainable Planning Act 2009, in the form of Attachment 6.2; and

c) an electronic copy and a hard copy of the proposed Temporary Local Planning

Instrument No. 1 (Party houses) 2014. Author: Authorised by: Matthew Hulse Gail Connolly Manager City Development Director Planning and Environment 21 November 2014


302 Adopted Report

ITEM 6 (CONTINUED) PROPOSED TLPI INCLUDING THE DRAFT PARTY HOUSE SPECIFIC LAND USE CODE PD98/LF(P9)

Committee Recommendation Adopted at Council 28 November 2014 COMMITTEE RECOMMENDATION CP14.1126.006 moved Cr Taylor seconded Cr Betts 1 That Council propose a temporary local planning instrument, Temporary Local







c) an electronic copy and a hard copy of the proposed Temporary Local

Planning Instrument No. 1 (Party houses) 2014. CARRIED ADOPTED AT COUNCIL 28 NOVEMBER 2014 RESOLUTION G14.1128.012 Moved Cr Caldwell Seconded Cr Gates

That Committee Recommendation CP14.1126.006 be adopted as printed which reads as follows:- 1 That Council propose a temporary local planning instrument, Temporary Local







c) an electronic copy and a hard copy of the proposed Temporary Local

Planning Instrument No. 1 (Party houses) 2014. CARRIED UNANIMOUSLY


303 Adopted Report

City of Gold Coast

Temporary Local Planning Instrument

No. 1 (Party houses) 2014


304 Adopted Report

Attachment 6.1

Temporary Local Planning Instrument No. 1 (Party houses) 2014

Part 1 Preliminary ................................................................................................ 3

Part 2 Application of the temporary local planning instrument ...................... 4

Part 3 Party house restriction area .................................................................... 4

Part 4 Effect on the Gold Coast Planning Scheme ........................................... 5

Division 1 Relationship with the Gold Coast Planning Scheme 5

Division 2 Party house assessment provisions 6

Part 5 Effect on the City Plan ............................................................................. 9

Division 1 Relationship with the City Plan 9

Division 2 Party house assessment provisions 10


305 Adopted Report

2 Council of the City of Gold Coast


Schedule 1 Dictionary ................................................................................................ 16

Schedule 2 Party house specific development code .............................................. 17

Schedule 3 Party house code .................................................................................... 22

Schedule 4 Party house entertainment area overlay .............................................. 27


306 Adopted Report



Council of the City of Gold Coast


Part 1 Preliminary 1 Short title

This temporary local planning instrument may be cited as Temporary LocalPlanning Instrument No. 1 (Party houses) 2014.

2 Object

The object of the temporary local planning instrument is to enable the regulation of party house land use in the planning scheme area by—

(a) identifying all of the planning scheme area as a party house restriction area;

(b) affecting the operation of the Planning Scheme by applying additional assessment provisions to development applications for material change of use for a party house.

3 Dictionary

The dictionary in Schedule 1 defines particular words used in this temporary local planning instrument.

4 Interpretation

Where a term used in this temporary local planning instrument is not defined under section 3 (Dictionary), the term shall, unless the context otherwise indicates or requires, have the meaning assigned to it by—

(a) the Sustainable Planning Act 2009;

(b) the Planning Scheme, where the term is not defined in the Sustainable Planning Act 2009.

5 Duration of temporary local planning instrument

This temporary local planning instrument will have effect in accordance with section 104 (Relationship with planning scheme) of the Sustainable Planning Act 2009 for a period not exceeding one year from the commencement date of this temporary local planning instrument.


307 Adopted Report



Part 2 Application of the temporary local planning instrument

6 Area to which temporary local planning instrument applies

This temporary local planning instrument applies to all of the planning scheme area.

7 Relationship with the Planning Scheme

If the Planning Scheme is inconsistent with this temporary local planning instrument, this temporary local planning instrument—

(a) prevails to the extent of the inconsistency; and

(b) has effect in place of the Planning Scheme, but only to the extent of the inconsistency.

Part 3 Party house restriction area 8 Identification of party house restriction area

Pursuant to section 755C of the Sustainable Planning Act 2009, all of the planning scheme area is identified as a party house restriction area.

Editor’s note—

Pursuant to section 755D of the Sustainable Planning Act 2009, the effect of a party house restriction area is that—

(1) A development permit or compliance permit for a residential dwelling development in the area does not authorise, and has never authorised, a material change of use for a party house to take place as part of the residential dwelling development.

(2) The use of a residential dwelling in the area as a party house is not, and has never been, a natural and ordinary consequence of a residential dwelling development.

(3) If, at any time, whether before or after the commencement1 of section 755D of the Sustainable Planning Act 2009, a planning scheme or temporary local planning instrument provides or provided that a residential dwelling development is self-assessable development or exempt development – the planning scheme or temporary local planning instrument does not authorise, and has never authorised, a material change of use for a party house to be carried out as part of the residential dwelling development.

1 Section 755D commenced on 1 October 2014.


308 Adopted Report



Part 4 Effect on the Gold Coast Planning Scheme

Division 1 Relationship with the Gold Coast Planning Scheme

9 Affected provisions of the Gold Coast Planning Scheme

This temporary local planning instrument affects the operation of the following provisions of the Gold Coast Planning Scheme, in respect of a material change of use for a Party House, by applying Division 2 (Party house assessment provisions) to the extent of any inconsistency with the affected provisions of the Gold Coast Planning Scheme—

(a) Part 2 (Desired environmental outcomes):

(i) Chapter 3, section 4.3—Planning Measures to Support DEO Econ.4;

(ii) Chapter 4, section 5.2—Planning Objectives to Support DEO Soc.5;

(iii) Chapter 4, section 6.3—Planning Measures to Support DEO Soc.6;

(iv) Table of Desired Environmental Outcomes;

(b) Part 4 (Definitions);

(c) the table of development for each domain and local area plan;

(d) Part 5 Division 2 (Domains), section 1.0—Intent for each domain;

(e) Part 6 Division 2 (Local Area Plans):

(i) Chapters 1 – 29, excluding Chapter 25—Surfers Paradise, section 1.0—Intent;

(ii) Chapter 25, section 5.1.1 (Sub-precinct 1 Main Entertainment);

(iii) Chapter 25, section 5.1.2 (Sub-precinct 2 Beach Front Resort);

(f) section 4.2 (Relevant codes, Material Change of Use) for each domain;

(g) section 7.2 (Relevant codes, Material Change of Use) for each local area plan; and

(h) Part 7 Division 2 (Specific Development Codes).


309 Adopted Report



Division 2 Party house assessment provisions

10 Structure of assessment provisions

The party house assessment provisions in Division 2 comprise the following—

(a) desired environmental outcomes;

(b) definitions;

(c) tables of development;

(d) intent statements for domains and local area plans; and

(e) the party house specific development code.

11 Desired environmental outcomes (1) For the Gold Coast Planning Scheme, Part 2 Division 1 Chapter 3, section 4.3—

Planning Measures to Support DEO Econ.4, the Party House Specific Development Code is listed.

(2) For the Gold Coast Planning Scheme, Part 2 Division 1 Chapter 4, section 5.2—Planning Objectives to Support DEO Soc.5, is to read:

‘The maintenance of residential amenity, through the minimisation of any environmental harm or adverse social impacts occurring from the construction and operation of commercial, community, tourism, party house, industrial and extractive industry activities.’.

(3) For the Gold Coast Planning Scheme, Part 2 Division 1 Chapter 4, section 5.2—Planning Objectives to Support DEO Soc.5, Soc 5.1, is to read:

‘to ensure that land uses, including but not limited to party houses, that have the potential to conflict with residential amenity are adequately separated and/or buffered from residential areas.’.

(4) For the Gold Coast Planning Scheme, Part 2 Division 1 Chapter 4, section 5.3—Planning Measures to Support DEO Soc.5, a referece to ‘all Specific Development Codes’ is taken to include a reference to the Party House Specific Development Code.

(5) For the Gold Coast Planning Scheme, Part 2 Division 1 Chapter 4, section 6.3—Planning Measures to Support DEO Soc.6, the Party House Specific Development Code is listed.

(6) For the Gold Coast Planning Scheme, Part 2 Division 1, Table of Desired Environmental Outcomes, Residentail Amenity DEO Soc.5, is to read:


310 Adopted Report



The maintenance of residential amenity, through the minimisation of any environmental harm or adverse social impacts occurring from the construction and operation of commercial, community, tourism, party house, industrial and extractive industry activities.’.

12 Definitions (1) For the Gold Coast Planning Scheme, Part 4 Division 1 Chapter 2 (Use or

Development Definitions), the following use definition applies:

‘Party House Premises containing a dwelling that is used to provide accommodation or facilities for guests if—

(a) the premises, or any part of the premises, is regularly used by guests for parties, including, for example, bucks nights, hens nights, raves, wedding receptions or similar parties; and

(b) the accommodation or facilities are provided for a period of less than 10 days; and

(c) the accommodation or facilities are provided for a fee; and

(d) the premises is not occupied by the owner of the premises during the period mentioned in paragraph (b).

This term does not include Reception Room.

For the purpose of this definition, ‘regularly used’ is defined in the Explanatory Definitions.

(2) For the Gold Coast Planning Scheme, Part 4 Division 1 Chapter 3 (ExplanatoryDefinitions), the following explanatory definition applies:

Regularly used For the purpose of the use definition of Party House:

(a) is taken to mean more than twice in any consecutive 12 months;

(b) excludes use:

(ii) by schoolies during the Gold Coast Schoolies period; or

(ii) during a major event prescribed under the Major Events Act 2014held within the planning scheme area.

(3) For the Gold Coast Planning Scheme, Part 4 Division 1 Chapter 3 (Explanatory Definitions), temporary use is to read—

‘A use that is irregular or infrequent that does not require the construction of a permanent building, the installation of permanent infrastructure or services, or works such as vegetation clearing or other operational work. A temporary use


311 Adopted Report



must not occur for more than 28 days in any one calendar year. A Party House isnot a temporary use.’.

13 Tables of development (1) For the Gold Coast Planning Scheme, a material change of use for a Party House

is not individually listed for the following Tables of Development—

(a) the Table of Development for each domain in Part 5 (Domains);2 and

(b) the Table of Development for each local area plan precinct in Part 6 (Local Plans),3 other than Part 6 Division 2 Chapter 25 Section 6.0 Surfers Paradise Local Area Plan Table.

(2) For the Gold Coast Planning Scheme, Part 6 Division 2 Chapter 25 Section 6.0 Surfers Paradise Local Area Plan Table of Development, Section A: Material change of use for Precinct 1—Entertainment, a material change of use for a Party House is listed as Impact Assessable.

14 Intent statements for domains and local area plans (1) For the Gold Coast Planning Scheme, Part 5 Division 2 Chapters 1 — 18, section

1.0—Intent, the following paragraph is included immediately prior to section 2.0—Scope:

‘The amenity intended for the domain is to be protected by locating party houses only in areas specifically designated as an entertainment precinct in the planning scheme and regulating the operation of party houses to ensure the residential amenity of the surrounding area is maintained.’.

(2) For the Gold Coast Planning Scheme, Part 6 Division 2 Chapters 1 — 29, excluding Chapter 25—Surfers Paradise, the following paragraph is included in section 1.0—Intent, immediately prior to section 2.0—Application:

‘The amenity intended for the LAP area is to be protected by locating party houses only in areas specifically designated as an entertainment precinct in the planning scheme and regulating the operation of party houses to ensure the residential amenity of the surrounding area is maintained.’.

2 Section 4.6.1 in Part 5 Division 1 Chapter 2 (Using Domains) in the Gold Coast Planning Scheme provides that any

use not listed in Section A of the Table of Development, should be considered as undesirable or inappropriate in the domain to which the Table of Development applies. Any material change of use not individually listed in Section A of the relevant Table of Development, will be treated as impact assessable.

3 Section 7.6.1 in Part 6 Division 1 Chapter 2 (Using Local Area Plans) in the Gold Coast Planning Scheme provides that any use not listed in Section A of the Table of Development, should be considered undesirable or inappropriate in the LAP or LAP precinct to which the Table of Development applies. Any material change of use not individually listed in the relevant Table of Development, will be treated as impact assessable.


312 Adopted Report



(3) For the Gold Coast Planning Scheme, Part 6 Division 2 Chapter 25, section 5.1.1—Sub-precinct 1 Main Entertainment is to read:

‘This sub-precinct is the core of Surfers Paradise. Development within this sub-precinct should include a range of retail, entertainment and tourist related uses, with the area being a hub of activity on a 24 hour basis (except for party houses, which because of the residential setting have restricted hours of operation). Development should create a theme park atmosphere that is innovative, exciting and glamorous. Retail and tourist activities, commercial services, entertainment, restaurants and eateries are encouraged at ground floor level and within podium level to create a vibrant commercial core, with high rise towers permitted above.’.

(4) For the Gold Coast Planning Scheme, Part 6 Division 2 Chapter 25, section 5.1.1—Sub-precinct 2 Beach Front Resort is to be read as including the following additional statement:

‘Any party house use in the sub-precinct is to ensure the amenity of residential areas is protected.’ .

15 Party house specific development code (1) For each of the following sections of the Gold Coast Planning Scheme, the Party

house specific development in Schedule 2 of this temporary local planning instrument is a relevant code—

(a) section 4.2 (Material Change of Use) for each domain; and

(b) section 7.2 (Material Change of Use) for each local area plan.

(2) For the Gold Coast Planning Scheme, Part 7 Division 2 (Specific Development Codes), the specific development codes for the Gold Coast Planning Scheme include the Party house specific development code in Schedule 2 of this temporary local planning instrument.

Part 5 Effect on the City Plan

Division 1 Relationship with the City Plan

16 Affected provisions of the City Plan

This temporary local planning instrument affects the operation of the following provisions of the City Plan, in respect of material change of use for a party house, by applying Division 2 (Party house assessment provisions) to the extent of any inconsistency with the affected provisions of the City Plan—

(a) Part 1—About the City Plan, section 1.7 Local government administrative matters, paragraph (2)(d);


313 Adopted Report

10Council of the City of Gold Coast


(b) Part 3—Strategic framework:

(i) section 3.3—Creating liveable places, section 3.3.3—Element –Suburban neighbourhoods, section 3.3.3.1—Specific outcomes, paragraph (9);

(ii) section 3.4—Making modern centres, section 3.4.3—Element –Specialist centres, section 3.4.3.1—Specific outcomes, paragraph (3);

(iii) section 3.5—Strengthening and diversifying the economy, section 3.5.4—Element – Tourist economy, section 3.5.4.1—Specific outcomes, paragraph (4);

(c) Part 5—Tables of assessment, section 5.5—Levels of assessment –Material change of use, Tables 5.5.1 to Table 5.5.23 inclusive;

(d) Part 8—Overlays, section 8.1(7);

(e) Part 9—Development codes:

(i) section 9.1(5);

(ii) section 9.3—Use codes;

(f) Schedule 1—Definitions:

(i) Table SC.1.1.1: Index of use definitions;

(ii) Table SC.1.1.2: Use definitions;

(iii) Table SC.1.2.1: Index of administration definitions;

(iv) Table SC.1.2.2: Administrative definitions; and

(g) Schedule 2—Mapping:

(i) SC2.1: Map index;

(ii) SC2.6: Overlay maps.

Division 2 Party house assessment provisions

17 Structure of assessment provisions

The party house assessment provisions in Division 2 comprise the following—

(a) about the City Plan;

(b) strategic framework;

(c) tables of assessment;


314 Adopted Report



(d) the party house code;

(e) overlay map; and

(f) definitions.

18 About the City Plan (1) Part 1—About the City Plan, section 1.7 Local government administrative

matters, paragraph (2)(d) is to read:

‘cannot include any industrial or residential activities or a Party house; and’.

19 Strategic framework (1) For the City Plan, Part 3—Strategic framework, section 3.3—Creating liveable

places, section 3.3.2—Element – Urban neighbourhoods, section 3.3.2.1—Specific outcomes, the following paragraph is included:

‘(21) Party houses only occur in Urban neighbourhoods that are identified locations on the Party houses entertainment area overlay map.’.

(2) For the City Plan, Part 3—Strategic framework, section 3.3—Creating liveable places, section 3.3.3—Element – Suburban neighbourhoods, section 3.3.3.1—Specific outcomes, paragraph (9) is to read:

‘Uses that compromise the amenity of suburban neighbourhoods, including service stations, short-term holiday accommodation, party houses, hotels or medium-to-large scale places of worship are not established.’.

(3) For the City Plan, Part 3—Strategic framework, section 3.3—Creating liveable places, section 3.3.4—Element – New communities, section 3.3.4.1—Specific outcomes, the following paragraph is included:

‘(8) The amenity intended for new communities is to be protected by locating party houses only in areas specifically designated on the Party houses entertainment area overlay map in the planning scheme and regulating the operation of party houses to ensure the residential amenity of the surrounding area is maintained.’.

(4) For the City Plan, Part 3—Strategic framework, section 3.3—Creating liveable places, section 3.3.5—Element – Merrimac/Carrara flood plain special management area, section 3.3.5.1—Specific outcomes, the following paragraph is included:

‘(7) The amenity intended for the Merrimac/.Carrara flood plain special management area is to be protected by locating party houses only in areas specifically designated on the Party houses entertainment area overlay map in the planning scheme and regulating the operation of party houses to ensure the residential amenity of the surrounding area is maintained.’.


315 Adopted Report



(5) For the City Plan, Part 3—Strategic framework, section 3.3—Creating liveable places, section 3.3.6—Element – Townships, section 3.3.6.1—Specific outcomes, the following paragraph is included:

‘(7) The amenity intended for townships is to be protected by locating party houses only in areas specifically designated on the Party houses entertainment area overlay map in the planning scheme and regulating the operation of party houses to ensure the residential amenity of the surrounding area is maintained.’.

(6) For the City Plan, Part 3—Strategic framework, section 3.3—Creating liveable places, section 3.3.7—Element – Rural residential areas, section 3.3.7.1—Specific outcomes, the following paragraph is included:

‘(5) The amenity intended for rural residential areas is to be protected by locating party houses only in areas specifically designated on the Party houses entertainment area overlay map in the planning scheme and regulating the operation of party houses to ensure the residential amenity of the surrounding area is maintained.’.

(7) For the City Plan, Part 3—Strategic framework, section 3.4—Making modern centres, section 3.4.3—Element – Specialist centres, section 3.4.3.1—Specific outcomes, paragraph (3) is to read:

‘Surfers Paradise maximises its proximity to the beachfront and high frequency public transport services, and is the city’s premier tourist destination. It accommodates tourist, retail, entertainment and events, short-term accommodation, party houses in identified locations on the Party houses entertainment area overlay map and recreational facilities in a relaxed urban lifestyle setting that is fun, entertaining, stylish and cultured. Its core area maintains a range of activities and a vibrant day and night time economy.

Surfers Paradise supports higher-order services and retail not normally associated with specialist centres and accommodates an increasing permanent residential population and impoved amenity. To protect this amenity, party houses and other specific night-time uses are either controlled or have their operations restricted.’.

(8) For the City Plan, Part 3—Strategic framework, section 3.5—Strengthening and diversifying the economy, section 3.5.4—Element – Tourist economy, section 3.5.4.1—Specific outcomes, paragraph (4) is to read:

‘A mix of tourist accommodation and housing uses occur along the coastal tourism/urban strip, predominantly on the eastern side of the Gold Coast Highway from Coolangatta to Labrador. This includes the eastern foreshores of the Nerang River at Surfers Paradise. Not all of this area is suitable or acceptable for all types of tourist accommodation and entertainment facilities due to the impacts of these facilities on existing residential amenity. For example, party houses are to be restricted to identified locations on the Party houses entertainment area overlay map. The intended mix of tourism and housing uses will vary: …’.


316 Adopted Report



20 Tables of assessment (1) For the City Plan, Part 5—Tables of assessment, section 5.5—Levels of

assessment – Material change of use, in each zone, the level of assessment for a material change of use for a Party house is impact assessment.

(2) For the City Plan, Part 5—Tables of assessment, section 5.5—Levels of assessment – Material change of use, in each zone, the assessment criteria for a material change of use for a Party house is the City Plan, including—

(a) the strategic framework, as affected by of this temporary local planning instrument;

(b) the relevant zone code;

(c) any overlay code triggered by an overlay map;

(d) the Party house code as a relevant development code;

(e) the Driveways and vehicular crossings code;

(f) the General development provisions code;

(g) the Healthy waters code;

(h) the On-site sewerage facilities code;

(i) the Social and health impact assessment (SHIA) code;

(j) the Transport code; and

(k) the Vegetation management code.

21 Party house code (1) For the City Plan, Part 9—Development codes, section 9.1(5), the use codes for

the City Plan include the Party house code.

(2) For the City Plan, Part 9—Development codes, section 9.3, the Party house code in Schedule 3 of this temporary local planning instrument applies.

22 Overlay map (1) For the City Plan, Part 8—Overlays, section 8.1(7), the overlays for the City Plan

also include:

Mapping overlays Overlay codes

(2) For the City Plan, Schedule 2—Mapping, the map in Schedule 4 of this temporary local planning instrument applies.


317 Adopted Report



23 Definitions (1) For the City Plan, Schedule 1—Definitions, the following use definition applies:

Column 1Use

Column 2Definition

Column 3Examples include

Column 4Does not include the following examples

Party house

(2) For the City Plan, Schedule 1—Definitions, the following administrative definition applies:

Column 1Term

Column 2Definitions

Regularly used

Major Events Act 2014


318 Adopted Report



Column 1Term

Column 2Definitions


319 Adopted Report



Schedule 1 Dictionary

City Plan means the City Plan 2015.

Gold Coast Planning Scheme means the Gold Coast Planning Scheme 2003 Version 1.2 Amended November 2011.

Planning Scheme means:

(a) the Gold Coast Planning Scheme, for so long as it has effect as the planning scheme for the planning scheme area;

(b) the City Plan, on and from the day it takes effect as the planning scheme for the planning scheme area.


320 Adopted Report



Schedule 2 Party house specific development code

Part 7 Codes Division 2 Specific Development Codes Chapter 40 Party House 1.0 Purpose

2.0 Application of this Code

3.0 Development Requirements

Performance Criteria Acceptable SolutionsDevelopment that is Impact Assessable

Location

Streetscape presentation


321 Adopted Report



Performance Criteria Acceptable SolutionsIntensity

guests

BCAclassification or use changeBuilding Act 1975

guests

BCAclassification or use changeBuilding Act 1975

Hours of operation

Amenity

Public observation

Traffic and car parking management

BCA classification or use change


322 Adopted Report



Performance Criteria Acceptable SolutionsBuilding Act 1975

Pedestrian access

Crowd management

Security Providers Act 1993

Lighting

Advertising devices


323 Adopted Report



Performance Criteria Acceptable Solutions

Waste management and collection

Compliance with conditions

Complaint management


324 Adopted Report



Performance Criteria Acceptable Solutions

Record-keeping


325 Adopted Report



Schedule 3 Party house code

Party house code

Application

Section 5.3.2 Section 5.3.3,Part 5

Part 5

Part A

Part B

Part C

Purpose

Criteria for assessment

PART A – SELF-ASSESSABLE DEVELOPMENT CRITERIA

PART B – DEVELOPMENT REQUIRING COMPLIANCE ASSESSMENT CRITERIA


326 Adopted Report



PART C – ASSESSABLE DEVELOPMENT CRITERIA

Table: Party house code – for assessable development

Performance outcomes Acceptable outcomes Location

PO1 AO1

Streetscape presentation

PO2 AO2.1

AO2.2

Intensity

PO3

guests

BCA classification or use change Building Act 1975

AO3

guests

BCA classification or use change Building Act 1975

Hours of operation

PO4 AO4

Amenity

PO5 AO5.1


327 Adopted Report



Performance outcomes Acceptable outcomes AO5.2

.Public observation

PO6 AO6

Traffic and car parking management

PO7 AO7.1

BCA classification or use changeBuilding Act 1975

AO7.2

AO7.3

Pedestrian access

PO8 AO8

Crowd management

PO9 AO9

Security Provisions Act 1993


328 Adopted Report



Performance outcomes Acceptable outcomes Lighting

PO10 AO10

Waste management and collection

PO11 AO11.1

SC6.13 City Plan policy –Solid waste managementAO11.2

AO11.3

Compliance with conditions

PO12 AO12.1

AO12.2

AO12.3

AO12.4

Complaint management

PO13 AO13.1


329 Adopted Report



Performance outcomes Acceptable outcomes

AO13.2

Record keeping

PO14 AO14


330 Adopted Report



Schedule 4 Party house entertainment area overlay


331 Adopted Report

Alison Street

Oak

Ave

nue

Mal

lana

Stre

et

Wahroonga Place

Holborow Close

Northcliffe Terrace

Markwell Avenue

The

Prom

enad

e

Elkhorn Avenue

Cavill Mall

Dar

ram

bal S

treet

Cypress Avenue

View Avenue

Hamilton Avenue

Cavill Avenue

Clifford Street

AppelS

tr eet

Watson Esplanade

Laycock Street

Beach Road

Trickett Street

Thomas Drive

Hanlan Street

Riverview Parade

Stanhill Drive

Fern

yAv

enue

Orchid AvenueSu

rfers

Para

dise

Boul

eva r

d

Esplanade

Leon

ard Avenu

e

Tarcoola Crescent

Remem

brance Drive

Paradise Islan d

Penins

ular D

rive

SURFERSPARADISE

CoralSea

Schedule 4 - Party House Entertainment Area Overlay

Draft

0 50 10025 m

Approx Scale @ A3 1:4,000


Projection:MGA94Zone 56

Disclaimer:© City of Gold Coast, Queensland 2014 or © State of Queensland 2014. No warranty given in relation to the data (including accuracy,reliability, completeness or suitability) and no liabilityaccepted (including without limitation, liability in negligence) for any loss, damage or costs (includingconsequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

Map Version 0.0120 Nov 2014Data Source:Party House Area - GCCCWaterways - GCCCCadastre (24 May 2013) - DNRM

Cadastre

Waterway or Waterbody

Local Government Area Boundary

Cadastre BoundaryParty House Entertainment Area


332 Adopted Report

Written statement – Temporary Local Planning Instrument No. 1 (Party houses) 2014 Page 1 of 4

As required by Statutory guideline 04/14—Making and amending local planning instruments, section 4.2.1 Step 3)


333 Adopted ReportAttachment 6.2


1. Description of the proposed TLPI

The proposed temporary local planning instrument is cited as Temporary Local Planning Instrument No. 1 (Party houses) 2014 (proposed TLPI)

The proposed TLPI applies to all of the City of Gold Coast planning scheme area.

Under the Sustainable Planning Act 2009 (SPA) section 104, a temporary local planning instrument operates for up to one year. It is proposed that the proposed TLPI operate for one year.

Public consultation on the local government’s draft City Plan 2015 has been completed. Because the City Plan 2015 is likely to commence during the lifetime of the proposed TLPI, the proposed TLPI has been drafted in two parts:

(a) one part (proposed TLPI Part 4) affects the operation of the current 2003 Gold Coast Planning Scheme for as long as it is the operative planning scheme; and

(b) the other part (proposed TLPI Part 5) affects the operation of City Plan 2015 from the date it takes effect as the planning scheme.

It is intended that after City Plan 2015 commences, City Plan 2015 will be amended to incorporate the party house provisions that are in Part 5 of the proposed TLPI. Some further work will be required to properly integrate the party house provisions into an amendment to City Plan 2015.

Pursuant to SPA section 755C, the proposed TLPI identifies all of the planning scheme area as a party house restriction area.

Pursuant to SPA section 755D, the effect of a party house restriction area means an existing residential dwelling (defined in SPA section 755A as a self-contained residence that is a dual occupancy, dwelling house, dwelling unit or multiple dwelling) does not and never did have the right to operate as a ‘party house’.

The proposed TLPI makes a material change of use for a party house impact assessable across the planning scheme area.

In addition to the above, the proposed TLPI creates new provisions that will apply to the assessment of a development application for a party house, comprising:

• strategic provisions;

• an assessment code;

• an overlay map; and

• administrative definitions/provisions.

2. Why the local government has proposed to make the TLPI

The SPA party house provisions (Chapter 9 Part 7A) were introduced in response to ‘community concern about the need for the state to address the issue of party houses in residential areas’.

The local government has decided to implement the SPA party house provisions by making the proposed TLPI. The local government proposes to make the TLPI as a step forward in addressing what has been described as the Deputy Premier and Minister for State Development, Infrastructure and Planning, as a ‘long-standing problem’ of party houses in residential areas which ‘in particular…have caused problems in locations on the Gold Coast’.

The proposed TLPI identifies all of the planning scheme area as a party house restriction area, affects the operation of the applicable planning scheme and contains development assessment provisions for the assessment of development applications for material change of use for party house.

It is considered appropriate to identify all of the of the planning scheme area as a party house restriction


334 Adopted Report


area, as the spatial extent of party house use in the planning scheme area is not known but complaints received by the local government (primarily in respect of noise, swearing, adult entertainment and other offensive behaviour associated with rental accommodation) have come from different areas across the planning scheme area.

Starting with the ‘clean slate’ that identification of the party house restriction area creates, the proposed TLPI make a material change of use for a party house impact assessable across the planning scheme area.

The proposed strategic provisions and assessment code in the proposed TLPI seek to ensure:

(1) That party houses are located in areas specifically identified in the planning as entertainment areas, so as to avoid conflict with residential amenity. For the purpose of the local government’s current planning scheme, this is Precinct 1—Entertainment of the Surfers Paradise Local Area Plan. For the purposes of City Plan 2015, the TLPI this area is reflected in a specific overlay map which generally reflects the boundary of that precinct.

(2) That a material change of use for a party house is assessed, and is subject to conditions that seek to ensure the operation of the party house ensures the use does not adversely impact on residential amenity.

3. How the proposed TLPI complies with SPA section 105

SPA section 105 says that a local government may make a temporary local planning instrument for all or part of its planning scheme area only if the Minister is satisfied—

(a) there is a significant risk of serious environmental harm, or serious adverse cultural, economic or social conditions happening in the planning scheme area; and

(b) the delay involved in using the process stated in the guideline mentioned in section 117(1) to amend the planning scheme would increase the risk; and

(c) State interests would not be adversely affected by the proposed temporary local planning instrument; and

(d) the proposed temporary local planning instrument appropriately reflects the standard planning scheme provisions.

The proposed TLPI is considered to satisfy each of these requirements.

(a) As discussed above in section 2 of this statement, the conflict between party houses and community expectations in residential areas has created existing serious adverse social conditions, to the extent that the State considered it necessary to introduce specific enabling provisions to empower local governments to address these conditions.

(b) Addressing this issue by amendment of the current planning scheme or by amending the local government’s draft City Plan 2015 would have a timeframe of six months or more. The introduction of party house land use provisions into the draft City Plan 2015 is likely to amount to a major amendment requiring public consultation and thereby delay the commencement of City Plan 2015. The delay involved in using the planning scheme making or amendment process would see the continuation, rather than addressing of the existing social conditions.

(c) Because of the clear distinction between party house land use and other land uses (in particular, Short-term accommodation), the Executive Director–Planning Services Department of State Development, Infrastructure and Planning has advised that the extent of a party house restriction area or party house provisions in a local government’s planning scheme area is not perceived as involving a State interest (for example, State interest—tourism) and therefore, the extent of the restriction area and party house regulation is entirely a matter for the local government. The City is known as Australia’s ‘event capital’, hosting events such as Schoolies and the Gold Coast 600. Having regard to this, the proposed TLPI


335 Adopted Report


includes an administrative definition of the expression ‘regularly used’ in the party house use definition, to provide that for the purpose of that use definition, ‘regularly used’ is taken to mean more than twice in any consecutive 12 months and excludes use by schoolies during the Gold Coast Schoolies period or during a major event prescribed under the Major Events Act 2014.

(d) Part 4 of the proposed TLPI affects the operation of the 2003 Planning Scheme, being a planning scheme made under the repealed Integrated Planning Act 1997 in force when SPA commenced. SPA transitional provision section 777(7) provides that despite SPA section 105(d), a temporary local planning instrument for such a planning scheme need not reflect the standard planning scheme provisions.

SPA section 755B(2) provides that a temporary local planning instrument may state that a material change of use for a party house is assessable development in all or part of the planning scheme area an include a code for assessment development applications for a material change of use for a party house, despite section SPA section 105(d). In any event, the proposed TLPI has been drafted so that Part 5 of the proposed TLPI, which will affect the operation of City Plan 2015 when it takes effect as the planning scheme, reflects the standard planning scheme provisions.


336 Adopted Report

These Pages

Numbered 1 to 337

Constitute The Adopted Report Of The Meeting

Of The City Planning Committee

Held Wednesday, 26 November 2014


337 Adopted Report

690 city planning committee meeting 26 … planning committee meeting held on wednesday, 26 november...

Documents