co20171214 - report recommendations...recommendation of the related report was to refuse the...

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REPORT Coordination Committee Meeting Thursday 14 December 2017 commencing at 9.14am Strathpine Chambers 220 Gympie Road, Strathpine CHAIRPERSON’S REPORT The recommendations contained within this report of the Coordination Committee meeting held 14 December 2017 are recommended to the Council for adoption. COUNCILLOR ALLAN SUTHERLAND (MAYOR) CHAIRPERSON COORDINATION COMMITTEE ENDORSED GM20171214

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Page 1: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

REPORT

Coordination Committee Meeting

Thursday 14 December 2017 commencing at 9.14am

Strathpine Chambers 220 Gympie Road, Strathpine

CHAIRPERSON’S REPORT The recommendations contained within this report of the Coordination Committee meeting held 14 December 2017 are recommended to the Council for adoption. COUNCILLOR ALLAN SUTHERLAND (MAYOR) CHAIRPERSON COORDINATION COMMITTEE

ENDORSED GM20171214

Page 2: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Adoption Extract from General Meeting – 14 December 2017 (Page 17/2285) 12.1 Coordination Committee Meeting - 14 December 2017

(Pages 17/2287 - 17/2455) RESOLUTION

Moved by Cr Mick Gillam Seconded by Cr Julie Greer CARRIED 13/0

That the report and recommendations of the Coordination Committee meeting held 14 December 2017 be adopted.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE a 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE a 14 December 2017 Report

LIST OF ITEMS 1 GOVERNANCE SESSION (Cr Allan Sutherland, Mayor)

2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam)

ITEM 2.0 2289 SUPPLEMENTARY REPORT REGARDING DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 2.1 2295 DA/34215/2017/V2K - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (CLUB, HEALTH CARE SERVICES, FOOD AND DRINK OUTLET, FUNCTION FACILITY, INDOOR SPORT AND RECREATION, OFFICE, SALES OFFICE AND SHOP) - DIVISION 5

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 2.2 2362 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & 75 LAKEFIELD DRIVE, NORTH LAKES, DESCRIBED AS LOT 81 SP236568, LOT 80 SP236568, LOT 827SP 157401 - DIVISION 4

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 2.3 2388 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 2.4 2419 CABOOLTURE RIVER MANAGEMENT SUPPORT FOR EROSION CONTROL WORKS IN THE CABOOLTURE RIVER - DIVISION 2

COMMITTEE RECOMMENDATION

REPORT DETAIL

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE b 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE b 14 December 2017 Report

3 CORPORATE SERVICES SESSION (Cr Adrian Raedel)

ITEM 3.1 2425 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery)

ITEM 4.1 2438 BUNYA - JINKER TRACK - INTERSECTION UPGRADE - DIVISION 10

COMMITTEE RECOMMENDATION

REPORT DETAIL

5 PARKS, RECREATION & SPORT SESSION (Cr Darren Grimwade)

6 LIFESTYLE & AMENITY SESSION (Cr Matt Constance)

7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr Julie Greer)

ITEM 7.1 2443 REGIONAL AQUATIC FACILITIES FRAMEWORK - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

ITEM 7.2 2447 PROPOSED AMENDMENTS TO CARAVAN PARK TERMS AND CONDITIONS FOR TOURIST ACCOMMODATION ONLY - REGIONAL

COMMITTEE RECOMMENDATION

REPORT DETAIL

CLOSED SESSION (Confidential items)

ITEM C.1 – CONFIDENTIAL 2451 MBRC PLANNING SCHEME - MAJOR AMENDMENT 1 - CONSIDERATION OF SUBMISSIONS AND ADOPTION OF PROPOSED AMENDMENT - REGIONAL

COMMITTEE RECOMMENDATION

ITEM C.2 – CONFIDENTIAL 2452 PROPOSED ACCESS LICENCE AGREEMENT WITH NBN CO. LIMITED AT 2 WEBB LANE, WOODFORD - DIVISION 12

COMMITTEE RECOMMENDATION

8 GENERAL BUSINESS

ITEM 8.1 2453 REGIONAL EVENTS

ITEM 8.2 2453 MERRY CHRISTMAS AND HAPPY NEW YEAR

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE c 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE c 14 December 2017 Report

ITEM 8.3 2454 CABOOLTURE HISTORICAL SOCIETY - DIVISION 3

COMMITTEE RECOMMENDATION

ITEM 8.4 2454 LETTER OF CONGRATULATION - CHRISTMAS DISPLAY IN MORAYFIELD

COMMITTEE RECOMMENDATION

ITEM 8.5 2454 LETTER OF CONGRATULATION - CHRISTMAS DISPLAY IN MURRUMBA DOWNS

COMMITTEE RECOMMENDATION

ITEM 8.6 2455 APPLICATION FOR PARK NAMING - DIVISION 12

COMMITTEE RECOMMENDATION

CLOSURE

Page 6: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2287 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2287 14 December 2017 Report

ATTENDANCE & APOLOGIES Attendance: Committee Members: Cr Allan Sutherland (Mayor) (Chairperson) Cr Brooke Savige Cr Peter Flannery Cr Adam Hain Cr Julie Greer Cr James Houghton Cr Koliana Winchester Cr Denise Sims Cr Mick Gillam Cr Mike Charlton (Deputy Mayor) Cr Matthew Constance Cr Darren Grimwade Cr Adrian Raedel Officers: Chief Executive Officer (Mr Daryl Hitzman) Director Planning & Economic Development (Mr Stewart Pentland) Director Engineering, Construction & Maintenance (Mr Tony Martini) Director Executive & Property Services (Ms Anne Moffat) Legal Officer (Mr Richard Duhig) Team Leader Planning (Mr Marco Alberti) Senior Planner (Mr Blayne Magner) Principal Planner (Mr Glenn Hammill) Manager Financial & Project Services (Mr Keith Pattinson) Meeting Support Officer (Ms Hayley Kenzler) Apologies: The Mayor is the Chairperson of the Coordination Committee. Coordination Committee meetings comprise of Sessions chaired by Council’s nominated Spokesperson (or Proxy) for that portfolio, as follows:

Session Spokesperson Proxy 1 Governance Cr Allan Sutherland (Mayor) Cr Mike Charlton (Deputy Mayor) 2 Planning & Development Cr Mick Gillam Cr Adam Hain 3 Corporate Services Cr Adrian Raedel Cr Allan Sutherland (Mayor)/

Cr Mike Charlton (Deputy Mayor) 4 Asset Construction & Maintenance Cr Peter Flannery Cr Allan Sutherland (Mayor)/

Cr Mike Charlton (Deputy Mayor) 5 Parks, Recreation & Sport Cr Darren Grimwade Cr Denise Sims 6 Lifestyle & Amenity Cr Matt Constance Cr Brooke Savige 7 Economic Development & Tourism Cr Julie Greer Cr Allan Sutherland (Mayor)/

Cr Mike Charlton (Deputy Mayor) 8 General Business Cr Allan Sutherland (Mayor) Cr Mike Charlton (Deputy Mayor)

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2288 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2288 14 December 2017 Report

1 GOVERNANCE SESSION (Cr Allan Sutherland, Mayor) No items for consideration. ATTENDANCE Mr Richard Duhig attended the meeting at 9.14am for discussion on Item 2.0.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2289 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2289 14 December 2017 Report

2 PLANNING & DEVELOPMENT SESSION (Cr Mick Gillam) ITEM 2.0 SUPPLEMENTARY REPORT REGARDING DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 APPLICANT: FAIRLAND GROUP PTY LTD C/- LAND SURVEYING DYNAMICS OWNER: FAIRLAND GROUP PTY LYD, MR JOSE AND MRS JACQUELINE CABRERA,

LANDSA PTY LTD, MSP PROPERTY HOLDINGS PTY LTD Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A16360970 : 13 December 2017 Responsible Officer: KI, Manager, Development Services (PED, Development Services) Executive Summary On 9 May 2017, development application number DA/34253/2017/V3RL was properly made, being a development application for Reconfiguring a Lot - Development Permit for Subdivision (9 into 182 lots (originally 175 lots), new road, detention basin and 5 balance lots in 8 stages), located at 15-31 Clark Road and 32-60 Robbs Road, Morayfield (Development Application). The Development Application was relevantly made under the Sustainable Planning Act 2009 (Repealed Act) and under section 288 of the Planning Act 2016 (Current Act) the Repealed Act continues to apply to the Development Application instead of the Current Act. The decision-making period for the Development Application was to expire on 29 November 2017. On this basis Council prepared a written notice to the applicant to extend the decision-making period to 5 January 2018, in accordance with section 318(1) of the Repealed Act (Extension Notice). Whilst the Extension Notice was prepared and signed on 29 November 2017, the Extension Notice was not sent to the applicant until 8:30am on 30 November 2017. The cause of the delayed transmission of the Extension Notice is still being investigated but it appears at this time to be the result of an apparent administrative or technological error. On 8 December 2017 Council officers prepared a report for the Council meeting on 14 December 2017 recommending that the Development Application be refused. On 12 December 2017 Council received a deemed approval notice for the Development Application which relevantly identifies that the date the decision-making period ended to be 29 November 2017 (Deemed Approval Notice). The Deemed Approval Notice has been given under section 331 of the Repealed Act and provided in the prescribed form. Council was due to consider this matter under separate report being the Related Report. The officer recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers have taken urgent steps to bring the matter before the Planning and Environment Court and the matter is listed for Friday 15 December 2017. The intention of taking Court action is to uphold the Extension Notice and challenge the Deemed Approval Notice.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2290 14 December 2017 Report ITEM 2.0 SUPPLEMENTARY REPORT REGARDING DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS RO - A16360970 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2290 14 December 2017 Report

Council officers recommend that Council: • take steps to uphold the Extension Notice, challenge the Deemed Approval Notice and, for the

reasons stated in the Related Report, refuse the Development Application; and • endorse the steps taken by Council officers in relation to this matter. COMMITTEE RECOMMENDATION

Moved by Cr James Houghton Seconded by Cr Mike Charlton (Deputy Mayor) CARRIED 12/1 Cr Adrian Raedel voted against Committee’s Recommendation

1. That Council delegate authority to the Chief Executive Officer to undertake all necessary steps

to:

a) uphold the written notice sent to the applicant to extend the decision-making period for development application number DA/34253/2017/V3RL, including taking Court action or defending Court action; and

b) challenge the deemed approval notice given to Council on 12 December 2017 for development application number DA/34253/2017/V3RL, including taking Court action.

2. That Council endorse action taken between 12 December 2017 and the time of this resolution

by Council officers in furtherance of the matters stated in item 1 of this recommendation.

Page 10: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2291 14 December 2017 Report ITEM 2.0 SUPPLEMENTARY REPORT REGARDING DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS RO - A16360970 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2291 14 December 2017 Report

REPORT DETAIL 1. Background The Development Application was relevantly made under the Repealed Act and under section 288 of the Current Act, the Repealed Act continues to apply to the Development Application instead of the Current Act. The Development Application (number DA/34253/2017/V3RL) was properly made on 9 May 2017. As the application was lodged under the Repealed Act the applicable assessment process for the Development Application follows the Integrated Development Assessment System (IDAS) under Chapter 6 of the Repealed Act. As the Development Application is subject to code assessment under the Moreton Bay Regional Council Planning Scheme the following stages of IDAS are applicable:- • Application Stage • Information and Referral Stage • Decision Stage Each of the applicable stages of IDAS have statutory timeframes under the Repealed Act, which are set out below. Application Stage Under section 267 of the Repealed Act, Council must give the applicant an acknowledgement notice within 10 business days after Council receives a properly made application, unless:- a. the application relates to development that requires code assessment only; and b. there are no referral agencies, or all referral agencies have stated in writing that they do not require

the application to be referred to them under the information and referral stage. The Development Application requires code assessment only and there are no referral agencies and therefore no acknowledgement notice was issued. Information and Referral Stage Under section 276(4)(b) of the Repealed Act, if the Council makes an information request Council must make the information request within 10 business days after the properly made development application is received, unless the information request period is extended under section 277(1) of the Repealed Act. Council gave written notice of an extension to the information request period to the applicant for the Development Application on 23 May 2017, being 10 business days after the Development Application was properly made. Council extended the information request period to 6 June 2017. On 5 June 2017 Council gave an information request to the applicant (Information Request). The applicant provided a written response to the Information Request on 1 November 2017. Therefore in accordance with section 293(1)(a) of the Repealed Act, the information and referral stage of IDAS for the Development Application ended on 1 November 2017. Decision Stage Under section 309(2)(a) of the Repealed Act the decision stage of IDAS starts the day the applicant responds to the information request. The decision stage of IDAS for the Development Application starts on the day the applicant gave its response to the Information Request, being 1 November 2017.

Page 11: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2292 14 December 2017 Report ITEM 2.0 SUPPLEMENTARY REPORT REGARDING DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS RO - A16360970 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2292 14 December 2017 Report

Under section 318 of the Repealed Act, Council must decide a development application within 20 business days after the day the decision stage starts, unless written notice is given to the applicant before the decision-making period ends which extends the decision-making period by not more than 20 business days. Council was to decide the Development Application by 29 November 2017, being 20 business days after the day the decision stage started on 1 November 2017. An extension to the decision-making period for the Development Application was prepared and signed on 29 November 2017 which stated that the decision-making period was extended to 5 January 2018. It was intended that the Extension Notice be given to the applicant on 29 November 2017. However due to an apparent administrative or technological error the Extension Notice was not given to the applicant until 8:30am on 30 November 2017. On 8 December 2017 Council officers prepared a report for the Council meeting on 14 December 2017 recommending that the Development Application be refused. On 12 December 2017 the Deemed Approval Notice was received by Council from the applicant. The Deemed Approval Notice was provided in the approved form and accompanied by the following explanation:-

To extend the decision making period for the development application the Council was required to give notice by 29 November 2017. However, based on the following, the Council’s notice, given on 30 November 2017, was out of time and the decision making period had already ended:

a) the decision stage started on 1 November 2017 (the day the information request was given to the Council) (s 309 (2)(a) of SPA);

b) the Council’s decision making period of 20 business days started on 2 November 2017 (S 318(1) of SPA);

c) the last day of the Council’s decision making period was 29 November 2017; d) to extend the decision making period, the Council was required to give notice before the end

of the decision making period (s 318(3) of SPA); e) notwithstanding that the Council’s notice to extend was dated 29 November 2017, it was not

received (and presumably was not sent) until 30 November 2017.” To the extent the Deemed Approval Notice is valid, under section 331(6) of the Repealed Act Council must, within 10 business days after receiving the Deemed Approval Notice, give the applicant a decision notice approving the application or approving the application subject to conditions. Council was due to consider this matter under separate report being the Related Report. The officer recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers have taken urgent steps to bring the matter before the Planning and Environment Court and the matter is listed for Friday 15 December 2017. The intention of the Court proceedings is to seek to uphold the Extension Notice and challenge the Deemed Approval Notice. Council officers recommend that Council: • take steps to uphold the Extension Notice, challenge the Deemed Approval Notice and, for the

reasons stated in the Related Report, refuse the Development Application; and • endorse the steps taken by Council officers in relation to this matter.

Page 12: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2293 14 December 2017 Report ITEM 2.0 SUPPLEMENTARY REPORT REGARDING DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS RO - A16360970 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2293 14 December 2017 Report

2. Explanation of Item Section 440 of the Repealed Act gives the Court power to deal with a matter in a way the Court considers appropriate, if the Court relevantly finds that a provision of the Repealed Act has not been complied with. As stated in the background above, section 318 of the Repealed Act has not been complied with, in that Council did not take one of the following actions by 29 November 2017, being the day the decision-making period for the Development Application ended: • Decide the Development Application. • Give a notice to the applicant under section 318(2) and (3) of the Repealed Act extending the

decision-making period. In order to protect its interests, Council officers recommend that Council bring an originating application in the Court seeking an order under section 440 of the Repealed Act that: • the Council's non-compliance with section 318(3) of the Repealed Act is excused due to an

administrative error; and • the decision stage for the Development Application is extended to 5 January 2018, being the date

stated in the Extension Notice. Council may be subject to an application to the Court for costs arising from its originating application. In Beerwah Land Pty Ltd v Sunshine Coast Regional Council [2016] QPEC 55 a request for an extension of a decision making period was late by one day. A deemed approval was issued against the Sunshine Coast Regional Council. The Court excused the non-compliance in that case under section 440 of the Repealed Act and ordered that the development application be treated as if the decision-making stage of IDAS commenced on the day the order was made. If the non-compliance is not excused and the decision-making period not extended Council will be required to give the applicant a decision notice approving the Development Application with or without conditions within 10 business days after receiving the Deemed Approval Notice, being 3 January 2018. Given that Council officers were recommending refusal of the Development Application in the Related Report, urgent action has been taken by Council officers to commence proceedings in the Planning and Environment Court under section 440 of the Repealed Act. 3. Strategic Implications 3.1 Legislative/Legal Implications

If the Deemed Approval Notice is not challenged, Council will be required to give the applicant a decision notice approving the Development Application with or without conditions within 10 business days after receiving the Deemed Approval Notice, being 3 January 2018.

3.2 Corporate Plan / Operational Plan Creating Opportunities: Well-planned growth - a sustainable and well-planned community.

3.3 Policy Implications The development proposal being the matter of this report is considered to be inconsistent with the intent of the Moreton Bay Regional Council Planning Scheme and recently advertised amendments to the planning scheme.

3.4 Risk Management Implications If the Deemed Approval Notice is not challenged and development was to proceed in its current state there are potential risk implications to Council and the community.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2294 14 December 2017 Report ITEM 2.0 SUPPLEMENTARY REPORT REGARDING DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS RO - A16360970 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2294 14 December 2017 Report

3.5 Delegated Authority Implications

There are no delegated authority implications arising as a direct result of this report. 3.6 Financial Implications

The originating application will incur additional costs in defending its position. If the Deemed Approval Notice is challenged, Council may be subject to an application to the Court for costs arising from its originating application.

3.7 Economic Benefit The subject development proposal central to this matter, if successful, is likely to expose the council to risk and additional cost.

3.8 Environmental Implications

There are no direct environmental implications arising from this report. 3.9 Social Implications

There are no direct social implications arising from this report.

3.10 Consultation / Communication The development application the subject of this matter is not subject to any form of public notification. However, the content of this report has been consulted on with relevant Council departments and external legal advice.

ATTENDANCE Mr Richard Duhig left the meeting at 9.17am after Item 2.0. Mr Marco Alberti attended the meeting at 9.19am for discussion on Item 2.1.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2295 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2295 14 December 2017 Report

ITEM 2.1 DA/34215/2017/V2K - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (CLUB, HEALTH CARE SERVICES, FOOD AND DRINK OUTLET, FUNCTION FACILITY, INDOOR SPORT AND RECREATION, OFFICE, SALES OFFICE AND SHOP) - DIVISION 5 2 SPINNAKER BOULEVARD, NEWPORT - LOT 3401 SP280761 APPLICANT: AXIS CAPITAL OWNER: STOCKLAND DEVELOPMENT PTY LTD Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A16227663 : 20 November 2017 – Refer Supporting Information A16302673

(provided separately) Responsible Officer: LR, Acting Principal Planner (PED Development Planning) Executive Summary

APPLICATION DETAILS Applicant: Axis Capital Lodgement Date: 21 April 2017 Properly Made Date: 24 April 2017 Acknowledgement Notice Date: 3 May 2017 Information Request Date: 17 May 2017 Info Response Received Date: 6 June 2017 Decision Due Date 5 December 2017 No. of Submissions: Properly Made: 335

Not Properly Made: 51 Division: Division 5 Property Address: 2 Spinnaker Boulevard, Newport RP Description Lot 3401 SP280761 Land Area: 1.46 ha Property Owner Stockland Development Pty Ltd STATUTORY DETAILS Planning Legislation: Sustainable Planning Act 2009 Planning Scheme: Moreton Bay Regional Council Planning Scheme Planning Locality / Zone General Residential Zone – Next Generation

Neighbourhood Precinct Level of Assessment: Impact Assessment – Policy Neutral

This application seeks a Development Permit for a Shopping Centre (Club, Health Care Services, Food and Drink Outlet, Function Facility, Indoor Sport and Recreation, Office, Sales Office and Shop) situated at the abovementioned property.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2296 14 December 2017 Report ITEM 2.1 DA/34215/2017/V2K - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (CLUB, HEALTH CARE SERVICES, FOOD AND DRINK OUTLET, FUNCTION FACILITY, INDOOR SPORT AND RECREATION, OFFICE, SALES OFFICE AND SHOP) - DIVISION 5 - A16227663 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2296 14 December 2017 Report

The proposal is defined as a Shopping Centre as it comprises an integrated mix of uses, which is able to primarily comprise Shops. Flexibility is sought in relation to the use of a number of proposed tenancies that have been allocated on the proposal plans such as either Shop, Food and Drink Outlet or Indoor Sport and Recreation. The use of these tenancies is subject to securing future tenants. Overall the proposed development represents a Neighbourhood Hub as defined in the MBRC Planning Scheme in terms of its size, scale and function. The application was publicly advertised with 386 submissions received. The proposed development is consistent with the intent of the Moreton Bay Regional Council Planning Scheme, and is recommended to be approved, subject to conditions. COMMITTEE RECOMMENDATION

Moved by Cr James Houghton Seconded by Cr Adrian Raedel CARRIED 13/0

That the Officer’s Recommendation be adopted as detailed in the report.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2297 14 December 2017 Report ITEM 2.1 DA/34215/2017/V2K - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (CLUB, HEALTH CARE SERVICES, FOOD AND DRINK OUTLET, FUNCTION FACILITY, INDOOR SPORT AND RECREATION, OFFICE, SALES OFFICE AND SHOP) - DIVISION 5 - A16227663 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2297 14 December 2017 Report

OFFICER’S RECOMMENDATION A. That Council, in accordance with the Sustainable Planning Act 2009, approves the development

application for a Material Change of Use - Development Permit for Shopping Centre (Club, Health Care Services, Food and Drink Outlet, Function Facility, Indoor Sport and Recreation, Office, Sales Office and Shop) at 2 Spinnaker Boulevard, Newport, described as Lot 3401 SP280761, subject to the following plans/documents and conditions:

Approved Plans and Documents Plan / Document Name Reference Number Prepared By Dated Ground Floor Plan - Stage 4 / Final DA-1001 Issue C The Buchan Group 06/06/2017

Level 1 Floor Plan DA-1002 Issue D The Buchan Group 14/09/2017 Ground Floor Plan - Stage 1 DA-1003 Issue C The Buchan Group 06/06/2017

Ground Floor Plan - Stage 2 DA-1004 Issue C The Buchan Group 06/06/2017

Ground Floor Plan - Stage 3 DA-1005 Issue C The Buchan Group 06/06/2017

Sections 1 & 2 DA-2000 Issue A The Buchan Group 18/04/2017 Elevations - East & West DA-3000 Issue B The Buchan Group 14/09/2017 Elevations - North & South DA-3001 Issue B The Buchan Group 26/05/2017

Elevations - Office DA-3002 Issue A The Buchan Group 29/05/2017 Conceptual Perspective Aerial View from South-West The Buchan Group Oct 2017 Conceptual Perspective View from Jabiru Canal The Buchan Group Oct 2017 Conceptual Perspective Aerial View from North-West The Buchan Group Oct 2017 Conceptual Perspective View from Roundabout South The Buchan Group Oct 2017

Conceptual Perspective View from Street Looking at Entry The Buchan Group Oct 2017

Conceptual Perspective View from Canal South The Buchan Group Oct 2017 Conceptual Perspective View from Canal Pier The Buchan Group Oct 2017

Newport Retail Precinct - Acoustic Report

2016277 R01Q Newport Retail Precinct Acoustic Report ENV.docx

AcousticWorks 22/11/2017

Conditions CONDITION TIMING

MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT ALL STAGES

DEVELOPMENT PLANNING

1 Approved Plans, Documents and Uses

A Undertake development generally in accordance with the approved plans and/or documents. These plans and/or documents will form part of the approval, unless otherwise amended by conditions of this approval.

Prior to commencement of use and to be maintained at all times.

B Uses are to be located within the buildings as identified on the approved plans.

Prior to commencement of use and to be maintained at all times.

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2 Free Parking for Staff and Customers/Members

Ensure all vehicle spaces included on the approved site plan are free of charge to staff and customers/members.

At all times.

3 Electrical Transformer

Ensure that where electrical transformers are located in the front setback (only where an internal road is not proposed) it is screened so that the transformer is not visible from any road frontage and achieves the following:

1. A combination of screening device and landscaping; 2. The screening device is constructed of durable, weather

resistant materials; and 3. Is integrated with the design of the development and

positively contributes to the streetscape. Where an internal road is proposed the transformer is to be located at the end of the roadway internal to the site with provision made for maintenance access through the site. Note: The use of barbed wire or metal prongs is not permitted

Prior to the commencement of the use and to be maintained, for each stage.

4 Shopping Trolley Management Plan

A Submit a Shopping Trolley Management Plan demonstrating how shopping trolleys are to be confined on the site.

Prior to commencement of use.

B Obtain approval from Council for the Trolley Management Plan in accordance with (A) above.

Prior to commencement of use.

C Implement and maintain processes and procedures in accordance with the approved Trolley Management Plan.

Prior to the commencement of use and at all times.

5 Premises Hours of Operation

Limit the hours of operation as follows: 1. Food and Drink Outlet, Club and Function Facility limited to

between 6am and 1am the following day; 2. Health Care Services, Shop, Sales Office and Office limited

to 6am to 9pm.

There is no limit to the hours of operation for the Indoor Sport and Recreation land use.

At all times.

6 Street Numbering and Building Names

Install street numbering and lockable mail boxes conveniently located at the road frontage of the site. Ensure street numbers and any building names are prominently displayed at the road frontage of the site, to enable identification by emergency services.

Prior to commencement of use and to be maintained, for each stage.

7 Internal Fire System

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A External fire hydrant facilities are provided on site to the standard prescribed under the relevant parts of Australian Standard AS2419.1 (2005) - Fire Hydrant Installations.

Prior to commencement of use and to be maintained, for each stage.

B A continuous path of travel having the following characteristics is provided between the vehicle access point to the site and each external fire hydrant and hydrant booster point on the land:

1. An unobstructed width of no less than 3.5m; 2. An unobstructed height of no less than 4.8m; 3. Constructed to be readily traversed by a 17 tonne HRV fire

brigade pumping appliance; 4. An area for a fire brigade pumping appliance to stand

within 20m of each fire hydrant and 8m of each hydrant booster point.

Prior to commencement of use and to be maintained, for each stage.

C On-site fire hydrant facilities are maintained in effective operating order in a manner prescribed in Australian Standard AS1851 (2013) - Routine service of fire protection systems and equipment.

At all times.

D For development that contains on-site fire hydrants external to buildings:

1. Those external hydrants can be seen from the vehicular entry point to the site; or

2. A sign identifying the following is provided at the vehicular entry to the site: (a) The overall layout of the development (to scale); (b) Internal road names (where used); (c) All communal facilities (where provided); (d) The reception area and on-site manager’s office

(where provided); (e) External hydrants and hydrant booster points; (f) Physical constrains within the internal roadway system

which would restrict access by fire fighting appliances to external hydrants and hydrant booster points; and

(g) Maintained in effective operating order in a manner prescribed in Australian Standard AS1851 (2013) - Routine service of fire protection systems and equipment.

Prior to commencement of use and to be maintained, for each stage.

E For development that contains on-site fire hydrants external to the building, those hydrants are identified by way of marker posts and raised reflective pavement markers in the manner prescribed in the technical note Fire hydrant indication system produced by the Queensland Department of Transport and Main Roads. Note: This condition (including items A-E) does not apply to buildings that are required by the Building Code of Australia to have a fire hydrant system complying with Australian Standard AS 2419.1 (2005) – Fire Hydrant Installations or other fire fighting facilities which provide equivalent protection.

Prior to commencement of use and to be maintained, for each stage.

8 External Lighting

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A Submit to Council a Lighting Amenity Assessment Report that includes a detailed computer model of the lighting design and demonstrates lighting will operate within the obtrusive lighting parameters identified in the Lighting Amenity Assessment by MWA and AS4282-1997 - (Control of the Obtrusive Effects of Outdoor Lighting). Note. Curfew hours apply from 8pm.

Prior to submitting an application for building approval to a private certifier for each stage.

B Obtain approval from the Council for the Lighting Amenity Assessment Report.

Prior to submitting an application for building approval to a private certifer for each stage.

C Install external lighting in accordance with approved Lighting Amenity Assessment Report and AS4282-1997 - (Control of the Obtrusive Effects of Outdoor Lighting) or as amended.

Prior to commencement of use and to be maintained, for each stage.

D Provide to Council certification from a suitably qualified person that external lighting has been installed in accordance with AS4282-1997 - (Control of the Obtrusive Effects of Outdoor Lighting).

Prior to commencement of use for each stage.

9 Pedestrian Lighting

A Install lighting in any pedestrian areas that require illumination, in accordance with AS 1158.3.1 Pedestrian Area (Category P) Lighting – Performance and installation design requirements or as amended.

Prior to commencement of use and to be maintained, for each stage.

B Provide certification to Council from a suitably qualified person that lighting for pedestrian areas satisfies the intent of AS 1158.3.1 Pedestrian Area (Category P) Lighting – Performance and installation design requirements or as amended.

Prior to commencement of use for each stage.

10 Waste Management Program

A Implement the approved waste management program.

Prior to commencement of use for each stage.

B Manage waste in accordance with SC 6.20 Planning Scheme Policy - Waste.

Prior to commencement of use and to be maintained, for each stage.

C Provide a bin wash down facility connected to sewer as per SC 6.20 Planning Scheme Policy - Waste.

Prior to commencement of use and to be maintained, for each stage.

11 Acoustic Attenuation Measures

A The consumption of drinks is not permitted in any Designated Outdoor Smoking Area.

At all times.

B Implement the recommendations of the approved acoustic report by Acoustic Works.

Prior to commencement of use and to be maintained, for each stage.

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C Implement the approved Noise Management Plan Prior to commencement of use and to be maintained, for each stage.

D Provide the following acoustic attenuation measures as specified in the approved Acoustic Report prepared by Acoustic Works:

1. Restrict the collection of waste and deliveries to between the hours of 7am and 6pm only.

2. Acoustic treatments to the loading bay. 3. Restrict the size and orientation of the maximum openable

areas of the lower level tenancies. 4. Permanently enclose upper level facades of the club

tenancy. 5. Install a sound lock to the club tenancy entrance. 6. Install the recommended glazing, ceiling and wall

treatments; 7. Provide mechanical plant and equipment that is designed,

sited and acoustically treated in order to achieve the specified noise limits.

8. Close all openable facades of the club and tenancies facing the water between 8pm and 6am the following day.

9. Install and operate sensors to the lower level openable facades which trigger notification when any facade is open between 8pm and 6am the following day.

Prior to commencement of use and to be maintained, for each stage.

E Provide certification from an RPEQ and suitably qualified acoustic consultant that:

1. The above attenuation measures have been installed/implemented in accordance with the specifications of the Acoustic Report prepared by Acoustic Works and condition D(2)-(8) above. Certification is to include onsite noise monitoring where applicable.

Prior to the commencement of the use for each stage.

F Outdoor dining beyond the façade of the building in any waterfront area is not permitted with the only exception being that outdoor dining may be permitted between the hours of 7am and 6pm subject to compliance with the following:

1. A detailed acoustical assessment is submitted to Council’s satisfaction demonstrating the introduction of outdoor dining areas would have no adverse effect on acoustical amenity.

2. The acoustical assessment is approved by Council with or without conditions.

3. The approved Noise Management Plan is updated to include any noise control measures required by the approved acoustical assessment.

4. The approved Noise Management Plan is updated to include noise control measures to ensure compliance with the noise limits are achieved at all times.

5. The approved noise management plan is updated to include suitable practical operational measures for controlling impacts.

To be maintained at all times.

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6. The updated Noise Management Plan is approved by Council.

12 Landscaping Plan

A Provide landscaping on site generally in accordance with the approved landscape plan including the provision of a ‘break out’ space, including a water feature, seating, bins etc at the road frontage unless otherwise approved by Council in writing.

Prior to commencement of use and to be maintained, for each stage.

B Provide certification, from a suitably qualified person, that landscaping has been implemented in accordance with (A) above.

Prior to commencement of use and to be maintained, for each stage.

C Maintain the landscaping. At all times.

13 Vehicle Encroachment

Protect all landscaped areas and pedestrian paths adjoining any car parking areas from vehicular encroachment by wheel stops, kerbing or similar barrier approved by the Council.

Prior to commencement of use for each stage.

14 Screening of Loading Facilities / Plant Areas

Screen Loading/Unloading Facilities, Plant Areas, Refuse Storage and Other Outdoor Storage Facilities on the site from direct view from any adjoining road or public space.

Prior to commencement of use for each stage.

15 Water and/or Sewerage

Submit to Council a Certificate of Completion or Provisional Certificate of Completion for the development from the Northern SEQ Distributor–Retailer Authority (Unitywater) confirming:

1. a reticulated water supply network connection is available to the land; and

2. a sewerage network connection is available to the land; and

3. all the requirements of Unitywater have been satisfied.

Prior to commencement of use for each stage.

16 Fibre Ready Telecommunications – Single

A Provide Fibre-Ready telecommunications infrastructure (Internal and External conduit paths) in accordance with NBN Co Guideline New Developments or NBN Co. Preparation and Installation Guide for SDUs and MDUs as amended, that:

1. Extends the service drop conduit from the property boundary to the external Premises Connection Device (PCD) or the likely location of the PCD; and

2. Extends a communications conduit with drawstring from the external PCD or the likely location of the PCD to the internal Fibre Wall Outlet (FWO) or the likely location of the FWO.

Prior to commencement of use for each stage.

B Provide certification to Council from the installer or an RPEQ engineer (electrical engineer) that the works and infrastructure

Prior to commencement of use for each stage.

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required in (A) above has been done. Note: A template for certification is available from council for the purpose of this condition.

17 Fibre Ready Telecommunications

A Provide Fibre-Ready telecommunications infrastructure (Internal and External conduit paths) in accordance with NBN Co Guideline MDU Building Design Guide as amended, that:

1. Includes a suitable building entrance facility (lead-in) from the property boundary to the building entrance; and

2. Has suitable space and access for the installation, maintenance and repair of all elements up to and including the Network Termination Device (NTD) and Power Supply Unit (PSU) or the likely location of a NTD and PSU for each tenancy; and

3. A conduit with draw string, from either the telecommunication room or riser/closet location to each NTD or the likely location of each NTD.

Prior to commencement of use for each stage.

B Provide certification to Council from the Installer or an RPEQ engineer (electrical engineer) that the works and infrastructure required in (A) above has been done. Note: The location or the likely location of the NTD is determined by the owner in consultation with the electrician/electrical engineer. NBN Co have guidelines available to help determine the best location. A template for certification is available from Council for the purpose of this condition.

Prior to commencement of use for each stage.

18 Telecommunications Internal Wiring

A Install internal wiring (Category 6 or better) within each tenancy from the expected location of any future Network Termination Device (NTD) for High Speed Broadband (based on the recommended locational criteria in the NBN Co Guideline (MDU Building Design Guide for New Developments or NBN Co. Preparation and Installation Guide for SDUs and MDUs) to the same connection points in the tenancy that would have been or have been installed for telephone and television connections; including but not limited to offices, receptions, staff rooms and the like.

Prior to commencement of use for each stage.

B Provide certification from the installer or an RPEQ engineer (electrical engineering) that the wiring required in (A) above has been done. Note:A template for certification is available from Council for the purpose of this condition. Installers are recommended to be a registered cabler.

Prior to commencement of use for each stage.

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19 Replace Existing Council Infrastructure

Replace existing Council infrastructure (including but not limited to street trees and footpaths) that is damaged as part of construction works, to a standard which is consistent with Council’s standards.

Prior to commencement of use for each stage.

20 Alterations and Relocation of Existing Services

Any alteration or relocation in connection with or arising from the development to any service, installation, plant, equipment or other item belonging to or under the control of the telecommunications authority, electricity authorities, the Council or other person engaged in the provision of public utility services is to be carried with the development and at no cost to Council.

Prior to commencement of use for each stage.

21 Construction Management Plan

A Submit a Construction Management Plan (CMP) prepared by a suitably qualified person. The CMP is required to ensure the development works (including all construction, demolition and excavation) do not adversely affect the health, safety, amenity, traffic or environment in the surrounding area. The plan is to include (but is not limited to) at least the following:

(a) Proposed construction program; (b) Public safety, amenity and site security; (c) Operating Hours, Noise and Vibration Controls; (d) Air & dust management; (e) Stormwater runoff, erosion & sediment control; (f) Waste & materials refuse management; (g) Traffic management; (h) Construction materials delivery & storage; (i) Construction office accommodation; (j) Contractors vehicle parking arrangements; and (k) Extent of earthworks exposed on the site at any

time.

Not less than two (2) weeks prior to any works commencing on site.

B Obtain approval from Council for the Construction Management Plan.

Prior to works commencing on site.

C Implement the approved Construction Management Plan and keep a copy of the CMP on site at all times during construction.

At all times during construction of the development.

Notes: The CMP should be based on the following: • Council will generally only approve early starts for large

concrete pours (e.g. monolithic concrete pours for basements and suspended floor slabs) during summer.

• Dewatering directly into Council’s stormwater system (pipes or overland flow) without appropriate water quality treatment/improvement is not acceptable.

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• Materials unloading and loading must occur on-site unless prior written approval is given by Council.

• All construction office accommodation and associated temporary buildings is to be contained within the site or on a nearby site.

22 Access, Internal Roadways, Parking and Servicing Areas

A Design, construct and maintain, all line-marking, accesses, internal roadways, parking and servicing areas, in accordance with the approved plan(s) of layout, MUTCD and Australian Standard AS2890. The works must be designed, constructed and maintained in accordance with good engineering practices and Council’s Planning Scheme requirements unless conditioned otherwise.

Prior to commencement of use and to be maintained, for each stage.

B Provide a ‘Level V’ allotment drainage system in accordance with the Queensland Urban Drainage Manual (QUDM). The design ARI for the system shall be in accordance with QUDM but in no circumstance shall the ARI be less than that for the Minor Stormwater System in the adjacent road system.

Prior to commencement of use and to be maintained, for each stage.

C Provide certification from an RPEQ that all works have been designed and constructed in accordance with this permit condition.

Prior to commencement of use of each stage.

23 Construction Affecting Existing Roads

Provide and maintain control measures for any works in or affecting roads (including verges) to ensure that the works will not injure, endanger, obstruct or unduly inconvenience any person or user of the road. Note: All traffic control devices must be installed and maintained in accordance with the Manual of Traffic Control Devices (Queensland).

At all times.

24 Overland Flow Management

1. Provide measures to properly manage overland flows draining to and through the land to ensure no nuisance or annoyance is created to any person or premises as a result of the development. The development must not result in ponding on adjacent land, redirection of overland flows to other premises and blockage of an overland flow relief path for flows exceeding the design flows for any underground system within the development.

2. Provide drainage easements, free of cost and compensation in Council's favour, over any drainage paths and drainage infrastructure within all new lots including all inter-allotment drainage works.

Note:

All prior to commencement of use for each stage.

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The current design standards and relevant planning scheme codes are: 1. Planning Scheme Policy Integrated Design; 2. Works Code.

25 Stormwater Management & Drainage Infrastructure – Design & Construction

Design and construct at no cost to Council all necessary stormwater management and drainage works (internal and external to the site) in accordance with Council’s design standard current at the time of development. The design must consider “Water Sensitive Urban Design” principles, integrating the stormwater infrastructure into the urban design wherever possible. Note: The current design standards and relevant planning scheme codes are: 1. Planning Scheme Policy Integrated Design; 2. Works Code. This condition has been imposed under section 665 of the Sustainable Planning Act 2009

Prior to commencement of use for each stage.

26 Stormwater Drainage - Lawful Discharge

Ensure that stormwater from the proposed development is lawfully discharged from the subject land without causing nuisance and annoyance to any person.

At all times.

CONDITION TIMING

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27 On-Site Car Spaces

A Provide at least 165 vehicle spaces and 5 PWD spaces on site. Prior to commencement of use and to be maintained at all times.

B Provide for the manoeuvring of vehicles on site, generally in accordance with the approved plan. Car spaces, access lanes and driveways shown on the approved plan must not be used for any other purpose.

Prior to commencement of use and to be maintained at all times.

28 Bicycle Parking Facilities

Install secure bicycle parking facilities for a minimum of 15 bicycles.

Prior to commencement of use and to be maintained.

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Bicycle parking is to be provided in accordance with Austroads (2008), Guide to Traffic management - Part 11: Parking.

29 Materials and Finishes to External Car Parking Spaces

Construct the parking aisle and raised pedestrian crossing in front of the main façade of the building of materials and finishes to soften the visual impact of this area. The design is to also ensure pedestrian priority for the area and include coloured pavement thresholds to the carpark in front of the building highlighting shared pedestrian/vehicle zone. In order to achieve the above, one or a combination of the following is to be used:

1. coloured aggregate; 2. coloured asphalt; 3. brick pavers; 4. approved porous surfacing; and/or 5. banding patterns in the surface design.

Notes:

1. Council may approve other materials and finishes that are compatible with the objectives of this requirement.

2. The use of a plain concrete finish is not acceptable.

Prior to commencement of use and to be maintained.

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30 On-Site Car Spaces

A Provide at least 7 vehicle spaces on site. Prior to commencement of use and to be maintained at all times.

B Provide for the manoeuvring of vehicles on site, generally in accordance with the approved plan. Car spaces, access lanes and driveways shown on the approved plan must not be used for any other purpose.

Prior to commencement of use and to be maintained at all times.

31 Bicycle Parking Facilities

Install secure bicycle parking facilities for a minimum of 10 bicycles. Bicycle parking is to be provided in accordance with Austroads (2008), Guide to Traffic management - Part 11: Parking.

Prior to commencement of use and to be maintained.

ADVICES

1 Aboriginal Cultural Heritage Act 2003

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The Aboriginal Cultural Heritage Act 2003 commenced in Queensland on April 16, 2004. Under the Act, indigenous parties are key in assessing cultural heritage significance. The Aboriginal Cultural Heritage Act 2003 establishes a Duty of Care for indigenous cultural heritage. This applies on all land and water, including freehold land. The Cultural Heritage Duty of Care lies with the person or entity conducting the activity. Penalty provisions apply for failing to fulfil the Cultural Heritage Duty of Care. Those proposing an activity that involves additional surface disturbance beyond that which has already occurred on the proposed site need to be mindful of the Duty of Care requirement. Details of how to fulfill the Duty of Care are outlined in the Duty of Care Guidelines gazetted with the Act. Council strongly advises that you contact the relevant state agency to obtain a copy of the Duty of Care Guidelines and further information on the responsibilities of developer under the terms of the Aboriginal Cultural Heritage Act 2003.

2 Adopted Charges

Payment of an Adopted Infrastructure Charge in accordance with Council’s Infrastructure Charges Resolution (No. 6) dated 3 July 2017 or as amended apply to this development approval. From 1 July 2014, Moreton Bay Regional Council no longer issues an Infrastructure Charges Notice on behalf of Unitywater for water supply and sewerage networks and therefore a separate Infrastructure Charges Notice may be issued directly to the applicant by Unitywater in respect to this development approval. Payment of Infrastructure Charges is to be in accordance with the Infrastructure Charges Notice issued with this development approval and any Infrastructure Charges Notice issued by Unitywater. From 1 July 2014, all Infrastructure Charges for infrastructure networks controlled by Unitywater (eg. water and/or sewerage) regardless of when the Infrastructure Charges Notice was issued are to be paid directly to Unitywater while Infrastructure Charges for networks controlled by Moreton Bay Regional Council will continue to be paid directly to Moreton Bay Regional Council.

3 Waste Management (Clinical)

Management of clinical waste must be conducted in accordance with the provisions of the Waste Reduction and Recycling Regulation 2011 - Part 5B Management of clinical and related wastes.

4 Food Premises - Food Business Licence Advice

In accordance with the Food Act 2006 the following must be submitted to Council prior to the commencement of construction or fit out of any licensable food business:

1. An application for food business licence. 2. Plans and elevations (refer to note below). 3. Supporting documentation. 4. Relevant fee.

Note: The application is assessed against the provisions of the Food Act 2006, Australia and New Zealand Food Standards Code and AS 4674 – Design, construction and fit-out of food premises (or equivalent).

B. That the following information be included in the Decision Notice.

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Decision Notice information

Details to Insert Application Type (a) Material Change of Use - Development Permit for

Shopping Centre (Club, Health Care Services, Food and Drink Outlet, Function Facility, Indoor Sport and Recreation, Office, Sales Office and Shop)

Relevant Period of Approval

Material Change of Use – 4 years

Section 64(5) Deemed Approval

Not applicable

Superseded Planning Scheme

Not applicable

Variation approval affecting the Planning Scheme

Not applicable

Other Necessary Permits Building Works – Development Permit Codes for Accepted Development

Not applicable

Referral Agencies There are no Referral Agencies Submissions There were 335 properly made submissions about this

application. REPORT DETAIL 1. Background DA/30819/2015 (Phase 1 Earthworks) On 16 November 2015, a Development Permit for Operational Works was approved by Council’s delegate being for the bulk earthworks associated with Precincts A1 and B1. These works are under construction. DA/30375/2015 (Precinct A1) On 17 February 2016, a Reconfiguring a Lot - Development Permit for Subdivision (3 lots into 199 lots) was approved by Negotiated Decision Notice by Council’s delegate and being for 196 residential lots and 3 balance lots - Stages A01 to A08. On 1 September 2016, a Request to Change the Development Approval was approved by Council’s delegate. The changes were primarily to introduce sub-staging and some other minor layout modifications. A number of ‘generally in accordance’ requests and compliance with conditions approvals have been approved in relation to the permit. A number of associated Operational Works permits (roadworks, stormwater and electrical) have also been approved by Council’s delegate. DA/31050/2015 (Precinct B1) On 8 April 2016, a Reconfiguring a Lot - Development Permit for Subdivision (73 lots) was approved by Council’s delegate being for 73 residential lots, 2 management lots, 1 balance lot - Stages B30 to B34 and B72. On 8 June 2016, the applicant made written representations about the decision notice and submissions about the Infrastructure Charges Notice. These representations were decided on 28 February 2017.

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DA/33286/2016/V3RL (Balance Area) On 21 December 2016, a Reconfiguring a Lot - Development Permit for Subdivision for 1437 lots was granted by Council’s delegate being the balance area for the Newport estate and comprising: • 1410 residential allotments (153 within a community title scheme) • 14 future medium-high density ‘superlots’ (7 within a community title scheme) • 4 utility allotments • 9 common property lots including:

3 lake lots 2 land lots 4 volumetric lots for a salinity main and pumping system

• Land dedications for open space, drainage and new roads On 13 January 2017, the applicant made written representations about the decision notice and submissions about the Infrastructures Charges Notice. These representations were decided on 15 May 2017. DA/33377/2017/V3RL On 1 March 2017, a Reconfiguring a Lot - Development Permit for Subdivision for 60 lots was approved by Council’s delegate. This application involved the creation of 60 small lots through the re-subdivision of management lots created under the Precinct A1 approval identified above. DA/33990/2017/V3RS On 11 April 2017, a Reconfiguring a Lot - Development Permit for Subdivision (5 into 6 Management Lots) was approved by Council’s Delegate. This application creates management lots for each development precinct of the Newport Estate, along with a balance lot that will accommodate an artificial waterway area. DA/33876/2017/V2L On 25 May 2017, a Material Change of Use - Development Permit for Retirement Facility (125 Units) was approved by Council’s Delegate. This application relates to lot A2501 which will be created under the Balance Area approval (DA/33286/2016/V3RL). Infrastructure Agreements On 31 July 1973, Council (the former Redcliffe City Council) entered into a deed of agreement in respect to certain identified land requiring the owner to make infrastructure contributions for water, sewerage and park and recreation infrastructure based on 3000 lots. The deed was amended on 27 July 1976. On 12 August 2002, Council entered into the Newport Waterways Infrastructure Agreement (2002 IA) that replaced the 1973 deed of agreement. It applied to the same land covered by the previous deed as well as some additional land. As the agreement also deals with water and sewerage matters, with the creation of Unitywater, the 2002 IA became a tri-partite agreement. The 2002 IA also exhaustively prescribes in Part 3 the owner’s obligations to provide land and embellishments for parks and other open space in connection with the development of the land (i.e. what the owner is required to provide as a part of development). The 2002 IA states the obligations of the owner under the 2002 IA, represent the full discharge of its obligations in respect of development infrastructure for certain types of open space (i.e. the owner is not required to give any more than what is stated in the 2002 IA regarding certain types of parks). The 2002 IA states that except as otherwise provided in the 2002 IA, Council must not impose conditions on any future development approval for a monetary contribution, land or works for certain types of open space. The 2002 IA was based on the previous infrastructure charges regime of Planning Scheme Policies.

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In 2011, the infrastructure charging regime was changed whereby the Council then adopted an Infrastructure Charges Resolution to replace Planning Scheme Policies in accordance with legislative requirements under the Sustainable Planning Act 2009. On 25 November 2015, the 2002 IA was novated by the original owner of the land (Redcliffe Seaside Estates) to the current owner of the land (Stockland). On 21 December 2016, the Council, Unitywater and Stockland entered into a variation agreement to the 2002 Newport Waterways Infrastructure Agreement, inserting a new division into the agreement determining the value of land and embellishments for trunk parks infrastructure. On 21 December 2016, the Council and Stockland entered into the Isles of Newport Necessary Trunk Land and Works (Roads) Infrastructure Agreement dealing with offsets in relation to the District Collector Road proposed to traverse the development. 2. Explanation of Item 2.1 Site Conditions

Due to historical earthworks and re-grading over much of the site by the former land owner, land levels are variable but free from tidal influence. There are substantial earthworks occurring over the broader Isles of Newport development site as part of preliminary excavation works for the lake and pre-loading of the developable areas in accordance with other approvals.

2.2 Description of the Site and Surrounds

Directions Planning Scheme Zone Current Land Use North General Residential Zone

- Next Generation Neighbourhood Precinct

Currently vacant land however site (B3301) is identified as a ‘Future Residential Development” site under the precinct B1 approval (DA/31050/2015/VCHG/1) and will be subject to

South General Residential Zone - Suburban Neighbourhood Precinct

Detached houses / Newport Park

East General Residential Zone - Suburban Neighbourhood Precinct

Detached houses (Newport Waterways)

West General Residential Zone - Next Generation Neighbourhood Precinct

Currently vacant land however land directly west of the subject site (across Lakeview Promenade) has two proposed lots under the ‘Balance Area’ reconfiguring a lot approval (DA/33286/2016/V3RL), being A2501 and A2401. Proposed lot A2501 has an approval for a Retirement Facility (125 Units) (DA/33286/2016/V3RL) whilst proposed lot A2401 is currently identified a ‘Balance Lot’ and will be subject to further development applications.

2.3 State Planning Instrument Assessment

2.3.1 State Planning Regulatory Provisions (SPRPs) An assessment against each of the State Planning Regulatory Provision is set out as follows:

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Name Designation Applicable Requirements State Planning Regulatory Provision (Adopted Charges)

None Not Applicable to Development Assessment however the SPRP has informed the Council’s Adopted Infrastructure Charges Resolution that is discussed in section 2.5 of this report.

State Planning Regulatory Provisions (Adult Stores)

None The development proposal is not for an Adult Store and therefore the State Planning Regulatory Provisions do not apply.

South East Queensland Koala Conservation State Planning Regulatory Provisions

None

The development proposal is not located in a Priority Koala Assessable Development Area or Koala Assessable Development Area and therefore the State Planning Regulatory Provisions do not apply.

Southeast Queensland Regional Plan 2009-2031 (SEQRP) State Planning Regulatory Provisions

Urban Footprint

The development proposal is for an urban activity in the urban footprint and there are no requirements in the State Planning Regulatory Provisions applicable to the development proposal.

2.3.2 State Planning Policy

A new State Planning Policy came into effect on 3 July 2017, and is not currently integrated into the MBRC Planning Scheme. The following assessment benchmarks are to be applied to the assessment of development applications until the State interests have been appropriately integrated into Council’s planning scheme. Assessment against the SPP assessment benchmarks is as follows:

Assessment benchmark - livable communities Applicable to Development

SPP requirement Comment

No None

Not applicable

Assessment benchmark - mining and extractive resources Applicable to Development

SPP requirement Comment

No None

Not applicable

Assessment benchmarks - water quality Applicable to Development

SPP requirement Comment

No None Not applicable

Assessment benchmarks - natural hazards, risk and resilience Applicable to Development

SPP Requirement Comment

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Yes

Erosion prone areas within a coastal management district:

(1) Development does not occur in an erosion prone area within a coastal management district unless the development cannot feasibly be located elsewhere as is: (a) coastal dependent

development; or (b) temporary, readily

relocatable or able to be abandoned development; or

(c) essential community infrastructure; or

(d) minor redevelopment of an existing permanent building or structure that cannot be relocated or abandoned.

(2) Development permitted in (1) above, mitigates the risks to people and property to an acceptable or tolerable level.

Bushfire, flood, landslide, storm tide inundation, and erosion prone areas outside the coastal management district:

(3) Development other than that assessed against (1) above, avoids natural hazard areas, or where it is not possible to avoid the natural hazard area, development mitigates the risks to people and property to an acceptable or tolerable level.

All natural hazard areas:

(4) Development supports and does not hinder disaster management response or recovery capacity and capabilities.

(5) Development directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties.

(6) Risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard are avoided.

(7) The natural processes and the protective function of landforms and the vegetation that can

An assessment of the proposed development has been undertaken against the applicable SPP requirements and the proposal has been determined to comply. The proposed development is located within the Balance flood planning area and the Balance coastal planning area of the Flood hazard overlay and Coastal hazard overlay respectively. Earthworks undertaken on the subject site under the previous approval (DA/30819/2015/V4E and DA/32557/2016/V4E) have raised the level of the subject site to a minimum of 3.2m AHD, which achieves the Flood Planning Level as required within the MBRC Planning Scheme. No additional reporting is required for this matter.

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mitigate risks associated with the natural hazard are maintained or enhanced.

Assessment benchmarks - strategic airports and aviation facilities Applicable to Development

SPP Requirement Comment

No None

Not applicable

2.4 Assessment Against Local Categorising Instrument - Moreton Bay Regional Council Planning

Scheme

An assessment against the relevant parts of the planning scheme is set out below.

2.4.1 Strategic Framework In accordance with section 1.7.2 of the planning scheme, the development proposal requires assessment against the Strategic Outcomes within the Strategic Framework. The applicable Strategic Outcomes under the Themes for the planning scheme are discussed as follows:

Strategic Outcome Complies Assessment

Theme - Strong Communities

Utilise the principles of urban design to promote healthy and safe communities.

Y The scale and form of the development will make a positive contribution to the public spaces of the precinct and achieve optimal environmental performance for the project.

Community, cultural and sporting facilities are provided where needed within the region.

Y The proposal provides a new neighbourhood hub that includes a community based club and function facility along with medical services, as part of the broader ‘Waterside Precinct’ of Newport which will include a child care centre, retirement living facility and waterside parkland. An Economic Impact Assessment has been prepared in support of the development proposal which has found: 1. Population growth in the

primary sector at over 5,000 persons alone would support an additional 11,000m2 of retail Floorspace based on demand of 2.2m2 per person

2. A shopping centre at the subject site would not impact on the viability or continued operation of any existing retail

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Strategic Outcome Complies Assessment

Theme - Strong Communities

centre within the main trade area of surrounding region

The built form contributes to a sense of place and identity.

Y The development has been designed to reflect the anticipated character of the broader Isles of Newport community. The development also achieves a high level of amenity, both internal and external to the site through landscaping, setbacks, design vernacular and building materials. The built form will also reinforce and identify from afar what could be described as the centre of activity for the Newport development.

Provision of a well connected, diverse and accessible public open space network.

N/A It is noted that the development provides direct pedestrian connection to Waterside Park to the north-west.

Provide an integrated, high-quality, urban community greenspace network to cater for recreational and environmental needs in existing and new neighbourhoods.

Y The site is located within the Isles of Newport Master Planned Community. The development is located immediately south-east to Waterside Park and the shared use Lake and provided direct pedestrian connection to these areas.

Provide for a variety of outdoor recreation opportunities including recreation trails and camping areas to meet community demands.

N/A The site is within the urban footprint and it is not required to provide recreation trails or camping areas.

A variety of housing options is provided to meet diverse community needs, and achieve housing choice and affordability.

N/A Not applicable as the application as the proposal is for non-residential development.

Theme - Settlement Pattern and Urban Form

A more compact urban form is developed within the urban footprint by a program of urban design and sustainability principles aimed at increasing the jobs and people per hectare in targeted locations (to help achieve Council's long term 70% local employment target), creating walkable communities, and a viable quality transit system.

Y The estimated permanent employment generation of 151 persons equates to a density of 103 jobs per hectare. The development directly increases the jobs per hectare in this location and contributes to Council’s long term 70% local employment target.

A strong network of activity centres with well designed public and civic spaces,

Y The proposal is one of the major components of the ‘Waterside

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Strategic Outcome Complies Assessment

Theme - Strong Communities

and active frontages that provide a focal point for compact, self-contained and diverse communities and convenient access to an appropriate mix of businesses, services, community facilities, recreation, entertainment and employment opportunities and provided with convenient access by a quality public transport and active transport system.

Precinct’ proposed by Stockland, which comprises: The Marketplace offering (this

application); Retirement Living complex

(approved); Child care centre (subject to

future development application); and

Waterside Park (approved) The site includes pedestrian connections to all components (approved and proposed) of the Waterside Precinct. A bus stop is located on the sites western boundary, allowing accessibility to the wider community. The site is taken to have three frontages, being to Jabiru Canal, Lakeview Promenade and Spinnaker Boulevard. The development offers a balance of activation that appropriately responds to the individual context of each of the frontages.

An attractive, safe, convenient, efficient and sustainable new town housing approximately 25,000 people together with a major shopping centre and a wide range of employment opportunities and community, education and recreation facilities continues to be developed at North Lakes.

N/A The site is not within North Lakes.

New development that is in close proximity to existing and proposed public transport stops and stations contributes to the use and viability of public transport, the use of active transport and the development of walkable neighbourhoods by providing well designed and appropriate higher density and mixed use development.

Y As above, the proposal is one of the major components of the ‘Waterside Precinct’ proposed by Stockland, which comprises: The Marketplace offering (this

application); Retirement Living complex

(approved); Child care centre (subject to

future development application); and

Waterside Park (approved) The site includes pedestrian connections to all components (approved and proposed) of the Waterside Precinct. A bus stop is

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Strategic Outcome Complies Assessment

Theme - Strong Communities

located on the sites’ western boundary, allowing accessibility to the wider community.

Council will seek to increase residential densities and employment opportunities within the urban corridor and specifically within and adjoining activity centres and public transport in order to maximise access to and use of services and facilities and opportunities for use of public transport, walking and cycling and also adjacent to areas of high scenic amenity e.g. waterfront, environmental areas with high standards of amenity and accessible open space.

Y The site is within the Next Generation Precinct where the establishment of a new neighbourhood hub is supported. The estimated permanent employment generation of 151 persons equates to a density of 103 jobs per hectare. The development directly increases the jobs per hectare in this location and contributes to Council’s long term 70% local employment target. The location of the site within the Isles of Newport ‘Village Centre’ supports the increase in density of this development.

New master planned walkable neighbourhoods, activity centres and enterprise and employment areas served by public transport have a role to play in helping to accommodate regional dwelling and employment targets, and require comprehensive planning to coordinate future development with infrastructure delivery.

Y The development is part of the Isles of Newport Master Planned Community. The overall development involves the delivery of the following key features: • Large non-tidal lake

waterbody; • Public access to nominated

areas within the lake to provide additional recreational opportunities;

• Public interfaces with the lake including two large waterside parks, roadways, view corridors and small ‘pocket parks’;

• Esplanade parkland along the northern foreshore of the site;

• A north-south green spine creating a tree-lined pedestrian prioritised linkage through the middle of the development offering direct routes to Kippa-Ring railway station, a central neighbourhood park, bus stop on the district collector and ‘lake loop’ pedestrian circuit with a terminating vista to the lake;

• An integrated network of pedestrian pathways

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Strategic Outcome Complies Assessment

Theme - Strong Communities

connecting key destinations within and adjacent to the site such as the waterside parks, esplanade park, village centre site and sports fields existing to the south-east and proposed to the immediate west;

• A village centre site prominently positioned in Precinct B1 at the main entrance to the community (this application);

• A variety of residential accommodation including traditional detached housing and attached housing constructed as an integrated product, along with sites preserved for future medium to high density development and retirement living; and

• New road links including a central district collector between Griffith Road and Nathan Road that will support a bus route and on-road cycle lanes.

Caboolture West is one of the best areas to live in South East Queensland. There is a lot of natural bushland and wildlife retained in the area as well as many parks and open space areas. There is a range of homes that people can afford that reflect the needs of all residents from families with children to retirees, singles and extended families. The area has a “sense of place” with views to the range, river and mountains. It is easy to move around due to many choices in how you can travel. Many people walk or cycle to local destinations such as shops, schools and other services that are easily accessed by dedicated pathways. Nearly all the services and shops needed are in the Caboolture West area. You don’t have to travel long distances to work and there is a convenient public transport/bus service connecting to these sites.

N/A The site is not within the identified Caboolture West local area.

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Strategic Outcome Complies Assessment

Theme - Strong Communities

Theme - MBRC Place Model Element - Next generation neighbourhood place type (3.14.9.4 Specific Outcomes - Settlement pattern and urban form)

1. Next generation places cater for a mix of dwellings on a variety of lot sizes, small lot/zero lot line housing, rear lane housing, dual occupancies, medium density residential units and housing for older persons;

2. Development across a Next

generation neighbourhood place type has a minimum density of 35 people and/or jobs per hectare (for people this equates to a net residential density of 15 – 25 dwellings per hectare);

3. Adaptable housing is encouraged

in response to changing housing needs;

4. Community activities (schools, pre-schools, child care centres, places of worship, community health services and other community activities) are designed to have a low rise built form on landscape sites. They may be clustered together, in or adjacent to neighbourhood hubs or local centres, or dispersed within the area. Where they are dispersed within the area they are located on main through streets or central intersections;

5. Buildings address the street and non-residential uses have active street frontages;

N/A Y Y N/A Y

Not applicable as the proposal is for non-residential development however it supports the establishment of a mix of dwelling types and density in Newport by offering ease of access to facilities and services. The estimated permanent employment generation of 151 persons equates to a density of 103 jobs per hectare. Not applicable as the proposal is for non-residential development. The proposal provides a new neighbourhood hub that includes a community based club and function facility along with medical services, as part of the broader ‘Waterside Precinct’ of Newport which will include a child care centre, retirement living facility and waterside parkland. These facilities are clustered together and predominantly located at the main entrance to the Newport Master Planned Community. The proposal involves a two storey built form and includes extension landscaping throughout the site. The proposed development responds to the primary Lakeside Promenade frontage by creating a wide, covered building entrance which extends to the street frontage and creates a strong front address for the development. This entrance establishes a pedestrian prioritised central axis through the built form to the waterfront. The front entrance contains a water

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Strategic Outcome Complies Assessment

Theme - Strong Communities

6. At least one local centre or neighbourhood hub is conveniently located within the neighbourhood. Local centres and neighbourhood hubs create a series of 15 minute walkable neighbourhoods. Convenient locations for local centres and neighbourhood hubs are on main through streets or on central intersections and within a 15 minute walking distance and responsive to active transport;

7. Development for the expansion (into adjoining lots) of a local centre or neighbourhood hub, or the establishment of a new local centre or neighbourhood hub, will only be supported where the

Y Y

feature, seating and bicycle parking and is located adjacent to a bus stop which all contribute to activity at the front of the site. Furthermore, shopfronts face the street across a single landscaped and traffic calmed parking aisle which provides a minimum level of parking on the building frontage to make up for the lack of on-street parking and enable a commercially viable way of having tenancies face west to Lakeview Promenade. A further four pedestrian entrances to the site encourage activity and movement around the site perimeter. The proposal involves the creation of a new Neighbourhood Hub located at the ‘front door’ of the Newport Master Planned community, which provides visibility and a meaningful contribution to the identity of the community, along with being in a commercially viable position. The site is located on Lakeview Promenade, being a district collector road and representing the main entrance and primary route through the new community. The neighbourhood hub will provide a 15 minute walkable distance (1200m) of the majority of new residential areas provided in Newport, that are currently not within walking distance of an existing centre. The Marketplace will also be easily accessible from the adjacent bus stop being constructed on Lakeview Promenade and has multiple active transport connections in all directions. The proposal involves the establishment of a new neighbourhood hub which complies with the criteria listed opposite as follows:

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Strategic Outcome Complies Assessment

Theme - Strong Communities

following can be met: a. it is of a scale that remains

subordinate to higher order and district centres within the region and only provides for day-to-day convenience retail, local services, and community activities;

b. it is conveniently located on a main through street and/or adjoins or is opposite to a public transport node;

c. the expansion will strengthen the existing local centre or neighbourhood hub as an important neighbourhood activity node and does not fragment the intensity of uses;

d. a new local centre or neighbourhood hub is to service an unserviced catchment and is located to form 15 minute walkable neighbourhoods, with the local centre or neighbourhood hub central to that neighbourhood;

e. they are appropriately designed to have high quality urban design outcomes.

8. New development should have

regard to the existing character of the Next generation neighbourhood, however high quality urban design outcomes have priority.

Y

a. The core retail function provides for day-to-day conveniences due to the small size of supermarket (1,200m2 as per AO60, noting this is a 'limited line' and not 'full line' supermarket as anticipated for a local centre) along with the limited number of supporting shop tenancies, with a significant focus on health and lifestyle services such as a club, gymnasium, medical/ wellness facilities and waterfront dining areas.

b. The site is located on Lakeview Promenade, being a district collector road and representing the main entrance and primary route through the new community, while also accommodating bus stops on the site frontage.

c. Not applicable – the proposal is not for expansion

d. The Newport Master Planned community is located beyond a 15 minute walking distance (1200m) from existing centres and therefore constitutes an unserviced catchment. The proposed marketplace is conveniently located at the entrance to the precinct and is connected in all directions by pedestrian links that penetrate into the grid based street network, thereby servicing the majority of the new community within a 15 minute walking distance.

e. The proposed development has been designed to have a high quality urban design outcome - refer point 8 below.

Scale and Bulk The proposal is of a scale and bulk that complements the low to medium rise surround residential development. Building scale and

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Strategic Outcome Complies Assessment

Theme - Strong Communities

bulk is broken by pedestrian prioritised linkages as well as incorporation of modulation and portions in the building facades and roof forms. Frontages The site is taken to have three frontages, being to Jabiru Canal, Lakeview Promenade and Spinnaker Boulevard. The development offers a balance of activation that appropriately responds to the individual context of each of the frontages. Pedestrian Activity The development seeks to maximise public access to the site and waterfront. Awnings and shelter is provided for pedestrian activity around the perimeter of all buildings and includes a covered projection of the central pedestrian axis to the Lakeview Promenade frontage to provide a strong front to the development. External Building Material and Finishes Material and finishes contribute to an attractive architectural concept.

Theme - MBRC Place Model Element - Next generation neighbourhood place type (3.14.9.5 Specific Outcomes - Employment Location)

1. Next generation neighbourhoods have appropriate local employment opportunities in the form of home based businesses and opportunities within a local centre or neighbourhood hub.

Y The proposal establishes a new Neighbourhood Hub offering local employment opportunities of approximately 151 positions through the retail, office and medical facilities.

2.4.2 Assessment of Applicable Codes

Code Compliance Summary The assessment below identifies how the development proposal achieves the assessment benchmarks and where the development proposal; (a) proposes an alternative outcome satisfying or not satisfying the corresponding

Performance Outcome; and (b) proposes an outcome where no outcome is stated in the code and the proposed outcome

does not satisfy the corresponding Performance Outcome.

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COORDINATION COMMITTEE MEETING PAGE 17/2323 14 December 2017 Report

Assessment Benchmarks

Compliance with Overall

Outcomes Performance Outcomes assessment is

required

Zone/ Local Plan Code General Residential Zone Code - Next Generation Neighbourhood Precinct

Yes No

PO3, PO5, PO60, PO61, PO63, PO68, PO74

Overlay Codes Flood Hazard Overlay Code

Yes No

Coastal Hazard Overlay Code

Yes No

The assessment of the development proposal against the Performance Outcomes of the applicable code(s) is discussed below in section 2.4.3.

2.4.3 Performance Outcome Assessment

Performance Outcome Acceptable Outcome

General Residential Zone Code - Next Generation Neighbourhood Precinct PO3 The height of non-residential buildings does not adversely affect amenity of the area or of adjoining properties.

AO3 Building height does not exceed the maximum height identified on Overlay map - Building heights except for architectural features associated with religious expression on Place of worship(60) and Educational establishment(24) buildings.

Performance Outcome Assessment

The Overlay map – Building heights identifies a maximum building height of 8.5 metres for the subject site. Due to previous earthworks over the site, the ground level below the building footprint is generally between 3.5m and 3.6m AHD, although there are isolated areas which drop to approximately 3.2m. At 12m AHD, the top of the roofline is generally compliant with the 8.5m height provision although at the isolated low points, the height reaches 8.8m. The proposed building height is acceptable as: • The low points on the site are not noticeable in the context of the dominant site levels

of 3.5m to 3.6m AHD; • The majority of the built form is single storey; • The buildings are well separated from nearby residential land; • Residential dwellings in the area are generally 2 storeys; • The minor encroachment of height is a result of the proposed architectural detailing

that contributes to the high quality design outcomes proposed;

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Performance Outcome Acceptable Outcome

• High quality landscaping is provided to ensure seamless integration between the proposed built form, public spaces and nearby residential uses;

• Council has already approved a 6 storey (20.5 metre high) Retirement Facility across the road to the immediate west of the subject site; and

• Recently advertised amendments to the planning scheme nominate a 12.0 metre building height for the site that can be given weight to under the COTY principle.

The abovementioned design responses ensure the proposed building height will not be visually dominant, overbearing or adversely affect the amenity of the area. The proposal has been carefully designed to complement the generally low to medium rise character of the existing and future Newport Community and leverages off the bayside location providing a blend of amenity and lifestyle opportunities at a scale and form that complements the surrounding residential precincts. It is also noted that the proposed MBRC Planning Scheme amendments has mapped the subject site as 12 metres under the building heights overlay. It is recommended that the alternative solution be accepted in this instance. PO5 Front setbacks ensure non-residential buildings address and actively interface with streets and public spaces.

AO5.1 For the primary frontage buildings are constructed: a. to the property boundary; or b. setback a maximum of 3m from the

property boundary, where for the purpose of outdoor dining.

AO5.2 For the secondary frontage, setbacks are consistent with adjoining buildings.

Performance Outcome Assessment

The proposed façade of the building is setback beyond the maximum nominated requirement under AO5.1. As such an alternative solution is proposed. The proposal offers an integrated approach to the planning, design and management of shared publicly accessible spaces, and balances the need to address both the road and water frontages. Significant consideration has been given to the design in relation to how the interface with Lakeview Promenade looks, functions and feels. Specifically, Council officers required the extension of a covered entrance from the building trough to the primary frontage. Pedestrian access through to the front façade will be raised above the level of the car park providing pedestrian priority and it is proposed to construct the parking area directly in front of the front façade of a material and finishes that will soften the visual impact of this area e.g coloured aggregate / coloured asphalt / brick pavers. The proposal satisfies Performance Outcome PO5 as follows: • The development is designed to be viewed from all road frontages and appreciated in the

context of the surrounding area. • The proposal involves a mix of shopfronts, windows, pedestrian entrances and entry

statements orientated towards the road frontage and minimises blank walls.

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Performance Outcome Acceptable Outcome

• A prominent front address to Lakeview Promenade is provided with a wide, covered entrance reaching out to the street frontage and forming a central pedestrian prioritised axis through the development with direct connection to the public waterfront.

• The design welcomes pedestrians and cyclists, providing a ‘break out’ space, including a water feature, seating and bicycle parking at the main entrance, thereby encouraging pedestrian activity and social interaction along the site’s frontage.

• The proposed active transport network offers a total of five landscaped pedestrian entry points into the site, which link together in a functional and safe way for all users.

• Vehicle activity is limited to a single traffic calmed parking aisle in front of the main façade with a raised pedestrian crossing and softened by substantial landscaping to enable a commercially viable way of having tenancies face west to Lakeview Promenade (given the lack of on-street parking) and provide an active interface to this public space.

• Landscape and entry features include a variety of materials, textures and colours, including high quality surface treatment to the front parking aisle.

In view of the above, the proposal satisfies the outcomes sought for Neighbourhood Hubs within the Next Generation Neighbourhood Precinct. It is recommended that the alternative solution be accepted in this instance. PO60 Retail and commercial uses within a neighbourhood hub are of a scale that provide for the convenience needs or localised services of the immediate neighbourhood and do not constitute the scale or function of a Local centre. Note - For the function and scale of a Local centre refer to Table 6.2.1.1 Moreton Bay centres network.

AO60 Retail and commercial uses within a neighbourhood hub consist of no more than: a. 1 small format supermarket with a

maximum GFA of 1200m2; b. 10 small format retail or commercial

tenancies with a maximum GFA of 100m2 each.

Performance Outcome Assessment

Performance Outcome PO60 states that retail and commercial uses within a neighbourhood hub are of a scale that provide for the convenience needs or localise services of the immediate neighbourhood and do not constitute that scale or function of a Local Centre. Acceptable Outcome AO60 nominates one way of achieving this: Retail and commercial uses within a neighbourhood hub consist of no more than: a. 1 small format supermarket with a maximum GFA of 1200m2; b. 10 small format retail or commercial tenancies with a maximum GFA of 100m2 each Whilst the proposal complies with the small format supermarket with a maximum GFA of 1200m2, the development proposes an alternative outcome as it identifies a number of retail/commercial tenancies that have a GFA greater than 100m2. Performance Outcome PO60 notes that for the function and scale of a Local Centre refer to Table 6.2.1.1 Moreton Bay Centres Network - as outlined below:

Local Role/Function Focus for retail and commercial activity within the

local area.

Catchment Local

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Performance Outcome Acceptable Outcome

Transport connectivity Stopping or transfer point for bus or train network.

Scale of Retail activities 5,000m2 - 7,000m2 GFA

Retail activities Including: - A full-line supermarket - Convenience stores - Personal services - Specialty stores

Excludes: - Department stores (including discount department stores) - Showrooms(78) - Multiple full-line supermarkets

Scale of commercial activities

2,000m2 - 5,000m2 GFA

Commercial activities Including: - Local professional offices Excludes: - District level and above professional and government offices

Residential activities - Medium - low density, low-rise

Community activities - Artistic, social or cultural facilities - Child care - Education - Emergency services(25) - Health services - Religious activities - Social interaction or entertainment - Support services

Other activities - Small scale entertainment activities - Local civic park

The total GFA for the proposed Neighbourhood Hub is 4,970m2. The scale of retail and commercial activities outlined in the table above is 5,000-7,000m2 and 2,000-5,000m2 respectively. The development does not propose a full-line supermarket being defined as a supermarket generally stocking more than 18,000 line items and having a gross floor area between 2,500m2 and 4,000m2. The supermarket proposed at part of this development is only 1,200m2 and is not a full-line supermarket. It is recommended that the alternative solution be accepted in this instance. PO61 The expansion (into adjoining lots) of existing neighbourhood hubs or the establishment of a new neighbourhood hub must: a. adjoin or address a park, public open

space or include privately owned civic or

No acceptable outcome provided.

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Performance Outcome Acceptable Outcome forecourt space having a minimum area of 400m2;

b. be located on the corner of a sub-arterial or collector road;

c. form a ‘Main street’ having a maximum length of 200m;

d. be centrally located within an 800m radial catchment;

e. be separated from other neighbourhood hubs and centres by 1600m, measured from the centre of each neighbourhood hub or centre.

Performance Outcome Assessment

The proposal represents the establishment of a new Neighbourhood Hub as defined under the MBRC Planning Scheme. a. The proposal adjoins and creates a new publicly accessible waterfront promenade to

Jabiru Canal including a plaza area at the intersection of pedestrian axis’s through the site. The development is also connected to the large ‘waterside park east’ located to the northwest of the site, being part of the ‘Waterside Precinct’ being delivered for the Newport Master Planned Community.

b. Lakeview Promenade has been determined to be a ‘district collector’ through the

Newport Master Planned Community. c. Lakeview Promenade does not have the typical characteristics of a ‘main street’ due to

factors such as traffic speed, overall width, limited car parking, north-south orientation (meaning west facing shopfronts) and residential uses on the opposite frontage. The development therefore does not comply with PO61(c) above.

d.-e. The Marketplace is proposed to be prominently positioned on the Jabiru Canal

waterfront at the entrance to the Newport Master Planned Community and conveniently walkable to this new development. The proposal will represent the hub of the precinct and will be an important place making feature that helps to define the development character. The development however does not comply with PO61 (d) and (e) above.

As the development cannot comply with this Performance Outcome, an assessment against the Overall Outcomes is required and discussed in the following section of this report. PO63 Non-residential uses address and activate streets and public spaces by: a. ensuring buildings and individual

tenancies address street frontage(s), civic space and other areas of pedestrian movement;

b. new buildings adjoin or are within 3m of the primary frontage(s), civic space or public open space;

c. locating car parking areas behind or under buildings to not dominate the street environment;

No acceptable outcome provided.

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Performance Outcome Acceptable Outcome d. establishing and maintaining interaction,

pedestrian activity and casual surveillance through appropriate land uses and building design (e.g. The use of windows or glazing and avoiding blank walls with the use of sleeving);

e. providing visual interest to the façade (e.g. Windows or glazing, variation in colour, materials, finishes, articulation, recesses or projections);

f. establishing and maintaining human scale.

Performance Outcome Assessment

The proposal address and activates streets and public spaces as follows: a. To Lakeview Promenade, the entry provides a ‘break out’ space, including a water

feature and seating, for passive recreation and social interaction, while allowing filtering and movement through the site; continuously activating the streetscape. Shop facades face and open towards the Jabiru Canal and incorporate glazing features giving the impression of ‘spilling out’ onto the Canal frontage providing high levels of activation. The buildings facades fronting Lakeview Promenade and Griffith Road include windows and openings orientated to the streets; avoiding blank walls and facades

b. The proposed entry feature and canopy extends to the frontage of Lakeview Promenade, however as the buildings are setback beyond 3m of the primary frontage, the development cannot comply with (b) under PO63.

c. Car parking, which is reduced towards the lower end of the code acceptable outcome range, is divided into two areas either side of the main built form thereby reducing its apparent expanse and is further softened/screened by extensive landscaping. These design features ensure car parking does not to dominate the street environment. Furthermore, vehicle activity is limited to a single traffic calmed parking aisle in front of the main façade with a raised pedestrian crossing and softened by substantial landscaping to enable a commercially viable way of having tenancies face west to Lakeview Promenade (given the lack of on-street parking) and provide an active interface to this public space.

d. The building facades avoid blank walls and utilise glazing wherever practical. Awnings and shelter are provided for pedestrian comfort where appropriate and service areas are screened / concealed to extent possible given the high exposure of the site from all directions. These design features contribute to the seamless integration between commercial, retail and public spaces and supports pedestrian safety, comfort and priority.

e. The proposed facades incorporate a variety of high quality materials and finishes as depicted on the development plans. The building incorporates an articulated floor plate and includes architectural details such as awnings and overhangs for added visual interest.

f. Building scale and bulk is broken by pedestrian prioritised linkages as well as incorporation of modulation and proportions in the building facades and roof forms including awnings on all sides of the buildings.

As the development cannot comply with (b) of this Performance Outcome, an assessment against the Overall Outcomes is required and discussed in the following section of this report.

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Performance Outcome Acceptable Outcome PO68 a. End of trip facilities are provided for

employees or occupants, in the building or on-site within a reasonable walking distance, and include:

i. adequate bicycle parking and storage facilities; and

ii. adequate provision for securing belongings; and

iii. change rooms that include adequate showers, sanitary compartments, wash basins and mirrors.

b. Notwithstanding a. there is no requirement to provide end of trip facilities if it would be unreasonable to provide these facilities having regard to:

i. the projected population growth and forward planning for road upgrading and development of cycle paths; or

ii. whether it would be practical to commute to and from the building on a bicycle, having regard to the likely commute distances and nature of the terrain; or

iii. the condition of the road and the nature and amount of traffic potentially affecting the safety of commuters.

Editor's note - The intent of b above is to ensure the requirements for bicycle parking and end of trip facilities are not applied in unreasonable circumstances. For example these requirements should not, and do not apply in the Rural zone or the Rural residential zone etc. Editor's note - This performance outcome is the same as the Performance Requirement prescribed for end of trip facilities under the Queensland Development Code. For development incorporating building work, that Queensland Development Code performance requirement cannot be altered by a local planning instrument and has been reproduced here solely for information purposes. Council’s assessment in its building work concurrence agency role for end of trip facilities will be against the performance requirement in the Queensland Development Code. As it is subject to change at any time, applicants for development incorporating building work should ensure that proposals that do not comply with the examples under this heading meet the current performance requirement prescribed in the Queensland Development Code.

AO68.1 Minimum bicycle parking facilities are provided in accordance with the table below (rounded up to the nearest whole number).

Editor's note - The examples for end of trip facilities prescribed under the Queensland Development Code permit a local planning instrument to prescribe facility levels higher than the default levels identified in those acceptable solutions. This example is a combination of the default levels set for end of trip facilities in the Queensland Development Code and the additional facilities required by Council. AO68.2 Bicycle parking is: a. provided in accordance

with Austroads (2008), Guide to Traffic Management - Part 11: Parking;

b. protected from the weather by its location or a dedicated roof structure;

c. located within the building or in a dedicated, secure structure for residents and staff;

d. adjacent to building entrances or in public areas for customers and visitors.

Note - Bicycle parking structures are to be constructed to the standards prescribed in AS2890.3. Note - Bicycle parking and end of trip facilities provided for residential and non-residential activities may be pooled, provided they are within 100 metres of the entrance to the building.

Editor's note - The examples for end of trip facilities prescribed under the Queensland Development Code permit a local planning instrument to prescribe facility levels higher than the default levels identified in those acceptable solutions. This example is an amalgamation of the default levels set for end of trip facilities in the Queensland

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Performance Outcome Acceptable Outcome

Development Code and the additional facilities required by Council.

AO68.3 For non-residential uses, storage lockers: a. are provide at a rate of 1.6 per bicycle

parking space (rounded up to the nearest whole number);

b. have minimum dimensions of 900mm (height) x 300mm (width) x 450mm (depth).

Note - Storage lockers may be pooled across multiple sites and activities when within 100 metres of the entrance to the building and within 50 metres of bicycle parking and storage facilities. Editor's note - The examples for end of trip facilities prescribed under the Queensland Development Code permit a local planning instrument to prescribe facility levels higher than the default levels identified in those acceptable solutions. This example is an amalgamation of the default levels set for end of trip facilities in the Queensland Development Code and the additional facilities required by Council.

E68.4 For non-residential uses, changing rooms: a. are provided at a rate of 1 per 10

bicycle parking spaces; b. are fitted with a lockable door or

otherwise screened from public view; c. are provided with shower(s), sanitary

compartment(s) and wash basin(s) in accordance with the table below:

d. are provided with:

i. a mirror located above each wash basin;

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Performance Outcome Acceptable Outcome ii. a hook and bench seating within

each shower compartment; iii. a socket-outlet located adjacent to

each wash basin. Note - Change rooms may be pooled across multiple sites, residential and non-residential activities when within 100 metres of the entrance to the building and within 50 metres of bicycle parking and storage facilities Editor's note - The examples for end of trip facilities prescribed under the Queensland Development Code permit a local planning instrument to prescribe facility levels higher than the default levels identified in those acceptable solutions. This example is an amalgamation of the default levels set for end of trip facilities in the Queensland Development Code and the additional facilities required by Council.

Performance Outcome Assessment

The proposed bicycle parking design and location are as follows: • The 10 bicycle parking spaces at the northern pedestrian entrance to the site are proposed

to be protected by a stand-alone shelter • The 10 bicycle parking spaces at the southern pedestrian entrance to the site have been

located beneath the building roof overhang • The 5 bicycle parking spaces at the central pedestrian entrance to the site have been

located partly beneath the awning along the building frontage. The numbers of spaces proposed complies with AO68.1, however as the proposed spaces are not located within the building or in a dedicated, secure structure, the development proposes an alternative solution to AO68.2. The development also proposes an alternative solution to AO68.3 and AO68.4. To this extent, end of trip facilities have been provided near the service entry and stairwell behind the club and supermarket as indicated and described below: • Two (2) bathrooms with showers; and • Ten (10) lockers.

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Performance Outcome Acceptable Outcome

This provision and location will cater to employees rather than customers and major tenants such as the supermarket, club and gym will have their own lockers / change rooms for staff. The end of trip facilities proposed are adequate and it is recommended that the alternative solution be accepted in this instance. PO74 The hours of operation minimise adverse amenity impacts on adjoining sensitive land uses.

AO74 Hours of operation do not exceed 6:00am to 9:00pm Monday to Sunday.

Performance Outcome Assessment

The development proposes the following hours of operation: 1. Food and Drink Outlet, Club and Function Facility limited to between 6am and 1am the

following day, Monday to Sunday; 2. Health Care Services, Shop, Sales Office and Office limited to 6am to 9pm Monday to

Sunday. 3. Indoor Sport and Recreation able to be operated 24 hours Monday to Sunday. Performance Outcome PO74 requires that hours of operation minimise adverse amenity impacts on adjoining sensitive land uses. An acoustic assessment by AcousticWorks was submitted with the development application. An independent peer review of this report was commissioned by Council and subsequent changes made to the development. The amended report included additional measures for attenuating impacts to surrounding residents. These included permanent closure of the upper level club, restricted times for allowing restaurant facades to be open, a reduction in the size of openable facades, acoustic treatments to the restaurant tenancies and roof of loading dock, restrictions to the allowable times for deliveries and refuse collection, the prevention of dining outside the building façade without further reporting, the installation of a sound lock to the entrance of the club and the development of a noise management plan outlining the operational matters to be implemented for ensuring the recommendations of the acoustic assessment are realised. The development has demonstrated that hours of operation minimise adverse amenity impacts on adjoining sensitive land uses. The proposed alternative solution therefore complies with Performance Outcome PO74 and it is recommended that it be accepted in this instance.

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2.4.4 Overall Outcome Assessment

The development proposal does not comply with Performance Outcomes PO61 and PO63 of the General Residential Zone - Next Generation Neighbourhood Precinct. Therefore, the proposal is required to be assessed against the applicable Overall Outcomes of the code as follows;

General Residential Zone Code - Next Generation Neighbourhood Precinct -

Section 6.2.6.3 Overall Outcomes Overall

Outcomes Overall Outcomes

a. The Next generation neighbourhood precinct supports site densities between 15 and 75 dwellings per hectare.

N/A The proposed development does not include residential uses.

b. Neighbourhoods will have a mix of residential uses, tenure and densities on a variety of lot sizes providing housing choice and affordability for different lifestyle choices and life stages to meet diverse community needs.

N/A The proposed development does not include residential uses.

c. Neighbourhoods are designed to provide well-connected, safe and convenient movement and open space networks through interconnected streets and active transport linkages that provide high levels of accessibility between residences, open space areas and places of activity.

Y No change is proposed to the approved movement and open space networks under the approved Balance Area (DA/33286/2016/V3RL). The proposal benefits from the accessibility provided by active transport linkages along the interconnected street network and adjacent open spaces will allow residents to easily access the site.

d. Medium to high density uses (e.g. Multiple dwelling, Relocatable home park, Residential care facility, Retirement facility, Rooming accommodation, Short-term accommodation) are located in proximity to a range of services and public transport stops(s) or station(s).

N/A The proposed development does not include residential uses.

e. The design, siting and construction of residential uses are to:

i. contribute to an attractive streetscape with priority given to pedestrians;

ii. encourage passive surveillance of public spaces;

iii. results in privacy and residential amenity consistent with the low to medium density residential

N/A The proposed development does not include residential uses.

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General Residential Zone Code - Next Generation Neighbourhood Precinct - Section 6.2.6.3

Overall Outcomes Overall Outcomes Overall Outcomes

character intended for the area;

iv. provide a diverse and attractive built form;

v. orientate to integrate with the street and surrounding neighbourhood;

vi. incorporate sub-tropical urban design principles that respond to local climatic conditions;

vii. incorporate sustainable practices including maximising energy efficiency and water conservation;

viii. incorporate natural features and respond to site topography;

ix. cater for appropriate car parking and manoeuvring areas on-site;

x. be of a scale and density consistent with the low to medium density residential character intended for the area;

xi. provide urban services such as reticulated water, sewerage, sealed roads, parks and other identified infrastructure;

xii. ensure domestic outbuildings are subordinate in appearance and function to the dwelling.

f. Non-residential uses in the next generation neighbourhood precinct take the form of community activities, corner stores, neighbourhood hubs or local centres.

Y The proposed development involves the establishment of a Neighbourhood Hub.

g. Community activities: i. establish in a location that

may be serviced by public transport;

ii. do not negatively impact adjoining residents or the streetscape;

N/A The development proposes a Shopping Centre including uses from the community activities group in the form of a Club and Health Care Services. The site will be serviced by a bus stop on the site frontage to the extension of Lakeview Promenade (under construction), allowing for

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General Residential Zone Code - Next Generation Neighbourhood Precinct - Section 6.2.6.3

Overall Outcomes Overall Outcomes Overall Outcomes

iii. do not undermine the viability of existing or future centres.

accessibility to the wider community. The proposed community activities have been carefully designed to include acoustic attenuation measures so to minimise the potential for impacts on nearby residents. Both uses are integrated into the overall built form of the development.

h. Corner stores may establish as a standalone use (not part of a neighbourhood hub) where:

i. the store is of a scale that remains subordinate to all centres and neighbourhood hubs within the region;

ii. clear separation from existing neighbourhood hubs and centres within the network are maintained to reduce catchment overlap. The corner store should not be within 1600m of another corner store, neighbourhood hub or centre measured from the centre of the corner store, neighbourhood hub or centre;

iii. they are appropriately designed and located to include active frontages.

N/A Not applicable as the proposed is not for a corner store.

i. Retail and commercial activities (forming part of a neighbourhood hub):

i. cluster with other non-residential uses (excluding corner stores) forming a neighbourhood hub;

ii. are centred around a ‘Main Street’ central core fostering opportunities for social and economic exchange;

iii. are of a small scale, appropriate for a neighbourhood hub;

Note - Retail and commercial uses that will result in a new or existing neighbourhood hub expanding to a scale and function consistent with a

N The proposal involves the establishment of a new neighbourhood hub which complies with the criteria listed opposite as follows:

i. The hub comprises a cluster of retail and commercial activities along with community activities such as a club and medical facilities.

ii. The site is located on Lakeview Promenade, being a district collector road and representing the main entrance and primary route through the new community. The proposed interface involving the orientation

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General Residential Zone Code - Next Generation Neighbourhood Precinct - Section 6.2.6.3

Overall Outcomes Overall Outcomes Overall Outcomes

Local centre are to be assessed as if establishing a new Local centre. Refer to the Centre zone code for relevant assessment benchmarks.

iv. do not negatively impact adjoining residents or the streetscape;

v. are subordinate in function and scale to all centres within the region.

of multiple shopfronts, glazing and pedestrian entrances, including a prominent covered pedestrian entrance, ensures that the built form addresses and is closely connected to the street, while at the same time responding to and balancing the constraints posed by the west facing orientation, high traffic speed/ volumes and lack of on-street parking, along with the need to also address the substantial length of waterfront. Aside from this the development is not centred around a ‘Main Street’ central core as defined by the Scheme.

iii. The core retail function provides for day-to-day conveniences due to the small size of supermarket (1,200m2 as per AO60, noting this is a 'limited line' and not 'full line' supermarket as anticipated for a local centre) along with the limited number of supporting shop tenancies, with a significant focus on health and lifestyle services such as a club/ function facility, gymnasium, medical/ wellness facilities and waterfront food outlets.

iv. The facades of waterfront facing retail activities have been designed to be able to close to minimise the potential for impacts on nearby residents. The proposal incorporates active frontages with

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General Residential Zone Code - Next Generation Neighbourhood Precinct - Section 6.2.6.3

Overall Outcomes Overall Outcomes Overall Outcomes

entrances, shopfronts and glazing oriented to achieve visual engagement with Lakeview Promenade.

v. The scale and function of the proposed neighbourhood hub is subordinate to the higher order centres in the region being Dolphins Central and the integrated Peninsula Fair / Kippa Ring Shopping Centre.

j. The design, siting and construction of non-residential uses:

i. maintains a human scale, through appropriate building heights and form;

ii. provides attractive, active frontages that maximise pedestrian activity along road frontages, movement corridors and public spaces;

iii. provides for active and passive surveillance of road frontages, movement corridors and public spaces;

iv. promotes active transport options and ensures an oversupply of car parking is not provided;

v. does not result in large internalised shopping centres (e.g. large blank external walls with tenancies only accessible from within the building) surrounded by expansive areas of surface car parking.

Y The proposal is designed as follows:

i. Building scale and bulk is broken up by pedestrian prioritised linkages with awning coverage as well as incorporation of modulation and proportions in the building facades and roof forms. These elements in combination with materials/ finishes and landscaping, offer a pedestrian-paced level of visual interest and richness to achieve ‘human scale’. The proposal embodies sub-tropical design and promotes natural ventilation with tenancies accessible from the buildings facades.

ii. The proposal provides a wide, covered front entrance that forms a central pedestrian axis through the development and provides direct connection to the public waterfront. Shopfronts and glazing are oriented towards public spaces on all three sides of the site. There are a total of five pedestrian access points into the development from

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COORDINATION COMMITTEE MEETING PAGE 17/2338 14 December 2017 Report

General Residential Zone Code - Next Generation Neighbourhood Precinct - Section 6.2.6.3

Overall Outcomes Overall Outcomes Overall Outcomes

the frontages which ensures activity is distributed around the site perimeter.

iii. Careful consideration has been given to the location of tenancies, shop fronts and glazing as well as landscaping to facilitate passive surveillance of public spaces.

iv. Car parking is limited to the lower end of the range specified in AO67.1

v. Tenancies face the outside of the building, encouraging pedestrian activity with the central pedestrian corridor being open and allowing free movement around the site. Car parking is broken into two areas with a single slow speed parking aisle along the front to allow the built form to project forward to the street.

k. Neighbourhood hub expansion (into adjoining lots) or the establishment of a new neighbourhood hub only occurs where:

i. it is of a scale that remains subordinate to all centres within the region;

ii. the expansion (into adjoining lots) will strengthen the existing neighbourhood hub as an important neighbourhood activity node;

iii. clear separation from existing neighbourhood hubs and centres within the network are maintained to reduce catchment overlap. New neighbourhood hubs are to service a currently unserviced catchment. The centre of a neighbourhood hub should not be located

N The proposal is for a new neighbourhood hub.

i. The scale and function of the proposed neighbourhood hub is subordinate to the higher order centres in the region being Dolphins Central and the integrated Peninsula Fair/ Kippa Ring Shopping Centre.

ii. The proposal is not for the expansion of an existing neighbourhood hub.

iii. Development does not comply with Overall Outcome (k)(iii). While the ‘direct line’ distance between the centre of the proposal and other hubs/ centres in the area is less than 1600m, the actual walkable distance

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General Residential Zone Code - Next Generation Neighbourhood Precinct - Section 6.2.6.3

Overall Outcomes Overall Outcomes Overall Outcomes

within 1600m of another neighbourhood hub or centre measured from the centre of each hub or centre;

iv. for a new neighbourhood hub, it is located on sub-arterial or collector road;

v. they are appropriately designed and located to include active frontages around a 'main street' core and are staged where relevant to retain key (highly accessible) sites for long term development.

between them is greater than this (with the exception of ‘Mariner Plaza’ which is of a much smaller scale). The proposal is intended to support the development of the Newport Master Planned Community as a walkable neighbourhood, by servicing this currently unserviced catchment within a predominantly 15-minute walking distance, in accordance with the Specific Outcomes of the Strategic Framework – Next Generation Neighbourhood Place Type. This is explored further in section 2.4.1 above.

iv. The proposal is located on a district collector road (Lakeside Promenade).

v. The proposed interface involving the orientation of multiple shopfronts, glazing and pedestrian entrances, including a prominent covered pedestrian entrance, ensures that the built form addresses and is closely connected to the street, while at the same time responding to and balancing the constraints posed by the west facing orientation, high traffic speed/ volumes and lack of on-street parking, along with the need to also address the substantial length of waterfront.

l. General works associated with the development achieves the following:

i. new development is provided with a high

Y Electricity, telecommunications, roads, sewerage, water supply and street lighting are included as part of the development. All necessary

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COORDINATION COMMITTEE MEETING PAGE 17/2340 14 December 2017 Report

General Residential Zone Code - Next Generation Neighbourhood Precinct - Section 6.2.6.3

Overall Outcomes Overall Outcomes Overall Outcomes

standard of services to meet and support the current and future needs of users of the site, including roads, street lighting services, telecommunications and reticulated electricity (underground wherever possible), water and sewerage (where available);

ii. the development manages stormwater to: A. ensure the discharge of

stormwater does not adversely affect the quality, environmental values or ecosystem functions of downstream receiving waters;

B. prevent stormwater contamination and the release of pollutants;

C. maintain or improve the structure and condition of drainage lines and riparian areas;

D. avoid off-site adverse impacts from stormwater.

iii. the development does not result in unacceptable impacts on the capacity and safety of the external road network;

iv. the development ensures the safety, efficiency and useability of access ways and parking areas;

v. site works including earthworks are managed to be safe and have minimal impacts on adjoining or adjacent premises, the streetscape or the environment

services will be provided to meet the needs of the site. An Engineering Report has been submitted with the application and is accepted by Council officers. A Transport Statement has been completed, was submitted with the application and is accepted by Council officers. Earthworks have been undertaken in accordance with the overarching approvals for the site.

m. Activities associated with the use do not cause a nuisance by way of aerosols, fumes, light, noise, odour, particles or smoke.

Y Any perceived potential of nuisance by way of light and noise, will be appropriately mitigated. Acoustic attenuation measures are proposed as detailed within the

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General Residential Zone Code - Next Generation Neighbourhood Precinct - Section 6.2.6.3

Overall Outcomes Overall Outcomes Overall Outcomes

Acoustic Assessment provided by the applicant and amended in response to issues raised by Council.

n. Noise generating uses are designed, sited and constructed to minimise the transmission of noise to appropriate levels and do not cause environmental harm or nuisance.

Y Any perceived potential of nuisance by way of noise, will be appropriately mitigated. Acoustic attenuation measures are proposed as detailed within the Acoustic Assessment provided by the applicant and amended in response to issues raised by Council.

o. Noise sensitive uses are designed, sited and constructed so as not to be subject to unacceptable levels of noise.

N/A Noise sensitive uses are not proposed.

p. Development in a Water supply buffer is undertaken in a manner which contributes to the maintenance and enhancement where possible of water quality to protect the drinking water and aquatic ecosystem environmental values in those catchments.

N/A The subject site is not located in a buffer area.

q. Development avoids areas subject to constraint, limitation, or environmental value. Where development cannot avoid these identified areas, it responds by….

N/A The proposed development is free of constraints.

r. Development in the Next generation neighbourhood precinct includes 1 or more of the following…

Y The proposal represents the creation of a Shopping Centre including Club, Health Care Services, Food and Drink Outlet, Office, Sales Office and Shop as listed under overall outcome (r).

s. Development in the Next generation neighbourhood precinct does not include any of the following….

Y The proposal does not include any of the uses listed under overall outcome (s).

Based on the assessment above, the proposal is inconsistent with two (2) of the Overall Outcomes of the code(s). Therefore, in accordance with section 1.7.2 of the MBRC Planning Scheme, an assessment against the Strategic Framework is set out in section 2.4.1 of this report.

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2.5 Trunk Infrastructure

In accordance with section 4 of the Moreton Bay Regional Council Planning Scheme, the subject site is located in the identified Priority Infrastructure Area. Infrastructure charges applying to the land, where applicable, are to be applied in accordance the Council’s Charges Resolution No. 6 commencing on 3 July 2017 (CR).

2.5.1 Levied Charge

In accordance with section 10 of the CR, a Levied Charge is applicable to the development proposal and has been calculated as shown in the Infrastructure Charges Notice attached to this report taking into consideration any applicable credits or offsets.

2.5.2 Levied Charge Credit

In accordance with section 14 of the CR, a credit exists for the development based on the credit being the greater of the following amounts:

(a) Payment of previous charges or contributions There is no record of a previous charge or contribution having been made in relation to the land in accordance with section 14 of the CR. Accordingly, the credit available under this option is $0.00

(b) Lawful use of land There is no current existing lawful use of the land or record of a previous lawful use of the land that is no longer taking place. Accordingly, the credit available under this option is $0.00.

(c) Other development able to occur without a development permit There is no other development able to be lawfully carried out without a development permit (including a development permit for Building Works). Accordingly, the credit available under this option is $0.00

(d) The adopted charge for a residential lot (applied equally to non-residential development) The credit available under this option is $16,986.72 based on the proportional split stated in Table 3 of the CR.

2.5.3 Levied Charge Offset or Refund

The site is not affected by a Trunk Infrastructure requirement not already dealt with in earlier development approvals and therefore there is no offset or refund applicable to the development proposal.

2.5.4 Additional Trunk Infrastructure Costs

In accordance with section 130 of the Planning Act 2016, an additional payment condition may be imposed if the proposed development; (a) generates infrastructure demand of more than what is required to service the type or

scale of future development assumed in the LGIP; or (b) requires new trunk infrastructure earlier than when identified in the LGIP; or (c) is for premises located completely or partly outside the Priority Infrastructure Area; and The development will impose additional trunk infrastructure costs on Council after taking into account the levied charge and any trunk infrastructure provided, or to be provided by the development. In this instance, having assessed the proposed development, it does not warrant the imposition of an additional payment condition.

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2.6 Recording of particular approvals on the MBRC Planning Scheme

Not Applicable in this instance. 2.7 Referrals

2.7.1 Council Referrals

2.7.1.1 Development Engineering

Managing Impacts during Construction To mitigate the impacts of the proposed developments construction, it is recommended a construction management plan be provided to identify how the contractor will manage the construction in regards to the surrounding environment. As a consequence it is a recommendation of this report that a condition be included for the applicant to prepare for Council approval a construction management plan which has been prepared by a suitable qualified person. Flood Hazard and Coastal Hazard Overlay The proposed development is located within the Balance flood planning area and the Balance coastal planning area of the Flood hazard overlay and Coastal hazard overlay respectively. Under previous development permits earthworks has been undertaken on the land which has raised the land to a minimum of 3.2m AHD. As a result the proposed development is already at or above the Flood Planning Level. Traffic and Transport A Transport Statement was prepared in support of the proposed development. The Transport Statement reviewed the impacts of the proposed development on the road networks. The subject site was reviewed initially within the Isles of Newport subdivision application, which outline improvements required to the external networks, both Council controlled and State controlled. These upgrades were conditioned on that Development Permit. The Transport Statement identified that there would be an increase from the site, however this increase was less than 5% of the previously identified and approved amount, which is considered within the tolerable limits. No additional upgrades will be required to the road network because of this development beyond those already conditioned under earlier approvals. Site Access and Parking The proposed development will be accessed from two separate locations, an entry only at the Lakeview Promenade roundabout and an entry/exit from the proposed driveway crossover on Lake Promenade. The proposed car parking, service areas and access points have been designed in accordance with the MBRC Planning Scheme and AS2890. As a result it is a recommendation of this report that conditions requiring the construction of the car parking, services area be done in accordance with the MBRC Planning Scheme and the approved plans. Both these components will need to be RPEQ certified prior to the commencement of the use. Stormwater Management and Drainage Discharge The overall subdivision of Isles of Newport provides each lots with connection to the stormwater infrastructure. Previous reports prepared for the subdivision identify that each site is catered for when it comes to achieving the stormwater quantity and quality outcome identified in the MBRC Planning Scheme. The applicant has demonstrated that this proposed development will not require any additional stormwater infrastructure, over and above the existing stormwater infrastructure.

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2.7.1.2 Environmental Health

Acoustic Amenity An acoustic assessment by Acousticworks was submitted with the development application. Council officers identified some issues with the assessment and these matters were included as items in a request for further information. The applicant responded with an amended acoustic report. Council engaged an Acoustic Engineer to peer review the amended report. The reviewer identified various inadequacies in the acoustic assessment. These include issues relating to the determination of background noise levels, use of superseded drawings, the methodology for identifying noise source levels and concerns with the practicality of applying some of the recommended amelioration measures. Further representations were made to the applicant and an amended report was again provided. The amended report included additional measures for attenuating impacts to surrounding residents. These included permanent closure of the upper level club, restricted times for allowing restaurant facades to be open, a reduction in the size of openable facades, acoustic treatments to the restaurant tenancies and the roof of the loading dock, restrictions to the allowable times for deliveries and refuse collection, the prevention of dining outside the building façade, the installation of a sound lock to the entrance of the club and the development of a noise management plan outlining the operational matters to be implemented for ensuring the recommendations of the acoustic assessment are realised. The amended report was reviewed internally and by the peer reviewer and further fine tuning of the outcomes were requested and provided. Overall the evaluation of acoustic impacts to surrounding residents has been carefully examined and the outcomes provided a significant improvement to the original proposal and subsequently the prospect of noise nuisance has been adequately managed. As a consequence the following conditions reflecting the recommendations of the acoustic assessment are to be included in any decision notice. Lighting Amenity A Lighting Amenity Assessment by MWA was provided in support of the development application. Council requested further assessment of the potential impacts. The applicant has responded by evaluating additional light sources including those associated with the canal boardwalk, areas between buildings, external walkway areas and car park areas. The combined assessments provide a broad evaluation of the proposed layout against relevant criteria from AS4282-1997 - (Control of the Obtrusive Effects of Outdoor Lighting). The reports conclude that based on the conceptual design, lighting can achieve the standard requirements. It is noted however that it is recommended a detailed computer model based lighting design is to be undertaken prior to building approval in order to achieve the specified AS4282 lighting outcomes. Council has received several public submissions related to concerns about lighting impacts. The default curfew hours identified in AS4282 start at 10pm. Given the nature of the environment it is appropriate that curfew hours be set to begin at 8pm. This is in keeping with the noise management restrictions applicable at the same time. As a consequence a condition is to be applied requiring the lighting be designed, installed and tested to confirm compliance with the requirements of AS4282.

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A waste management plan has been provided. The plan generally identified two (2) storage areas for refuse. All bins will be moved to the central bin storage area adjacent to the supermarket on collection days. A condition will be applied to ensure bin washing facilities are provided.

2.7.2 Referral Agencies

2.7.2.1 Concurrence Agencies - Department of Infrastructure, Local Government and

Planning There were no Concurrence Agencies involved in assessing this development application.

2.7.2.2 Advice Agencies

There were no Advice Agencies involved in assessing this application.

2.7.2.3 Third Party Agencies There were no Third Party Agencies involved in assessing this application.

2.8 Public Consultation

2.8.1 Public Notification Requirements under the Development Assessment Rules

(a) Public Notification was served on all adjoining landowners on 6 June 2017. (b) The development application was advertised in the Redcliffe and Bayside Herald on 7

June 2017. (c) A notice in the prescribed form was posted on the relevant land on 8 June 2017 and

maintained for a period of 15 business days until 3 July 2017. 2.8.2 Submissions Received

Council received the following types of submissions in respect to this development application.

Type Number of Signatures

Number of Submissions

Properly Made Letter, Email, Fax 318 Petition 268 17 Not Properly Made Letter, Email, Fax 51 Petition 0 0

Total 386 The matters raised within the submission(s) are outlined below:

Assessment of Submissions Issue - Submissions in Support • Newport Marketplace will provide residents in the local area with improved amenity,

convenience and entertainment • The local area needs new, family-friendly spaces and the range of uses that are proposed

within the Marketplace including a community based club, health care services, function facilities, shops, offices and casual dining will be a welcome addition

• Development will provide critical place making for the Newport community • The development will deliver services for Newport, including a supermarket, retail areas,

a medical centre, and a community based club (not a nightclub) • The project will no doubt deliver significant employment opportunities, both during

construction and when it is operational, and provide a welcome boost to the local economy

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Assessment of Submissions • A facility of this quality will attract new residents, particularly to the northern end of the

Peninsula, and in doing so improve property values • Opportunity to tap into Stockland and Axis Capital’s expertise to develop school and

community-based education programs in areas including construction, landscaping and environmental management

• Marketplace will be home to a community based club that supports the local area • Development will also provide opportunities for new businesses which are important

sources of funding and sponsorships for community organisations • The development is entirely consistent with the character and lifestyle of the area, and

responds to an obvious need for a ‘heart’ for the ever-growing Newport community All submissions in support of the development proposal have been reviewed and will be considered in the assessment of the application. Issue - Consistency of Uses Proposed • Pursuant to section 6.2.6.3.1 of the Planning Scheme, General Residential Zone Code -

Next Generation Neighbourhood Precinct - does not include any of the following: o Night Club Entertainment Facility

• Proposed Child Care Centre will be very noisy • Proposed Function Centre, Pub / Club is not appropriate • The Club and Function Facility are not keep with the Next Generation Neighbourhood

Precinct. The wording Club and Function Facility is to disguise the fact that this is a request for a nightclub to operate till 1am

• The Next Generation Neighbourhood Planning scheme (Section 6.2.6.2.1) states that no night club or entertainment will be allowed

• Section 6.2.6.3.1 of the General Residential Zone Code - Next Generation Neighbourhood Precinct states that development in the next generation neighbourhood precinct does not include a nightclub entertainment facility.

• Pursuant to Section 6.2.6.3.1 of the Planning Scheme, General Residential Zone Code - Next Generation Neighbourhood Precinct does not include any of the following: o Nightclub entertainment facility o Bar o Hotel

The submissions are correct by stating that the Overall Outcome (1)(s) of the General Residential Zone Code - Next Generation Neighbourhood Precincts identifies a Nightclub Entertainment Facility, Hotel and Bar as uses that are not consistent in the Next Generation Neighbourhood Precinct. However, the development application does not propose a Nightclub Entertainment Facility, Hotel or a Bar. The development application is for a Material Change of Use - Development Permit for Shopping Centre (Club, Health Care Services, Food and Drink Outlet, Function Facility, Indoor Sport and Recreation, Office, Sales Office and Shop). Shopping Centre is defined as: “Premises comprising two or more individual tenancies that is comprised primarily of shops, and that function as an integrated complex”. Specifically, the Shopping Centre will include a Club, Health Care Services, Food and Drink Outlet, Function Facility, Indoor Sport and Recreation, Office, Sales Office and a Shop that will function as an integrated facility.

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Assessment of Submissions It is also noted that as standalone uses: • Club is a consistent use under Overall Outcome (1)(r) of the Next Generation

Neighbourhood Precinct • Health Care Service, Food and Drink Outlet, Office and Shop are consistent uses where

in a Neighbourhood Hub under (1)(r) of the Next Generation Neighbourhood Precinct • Function Facility, Indoor Sport and Recreation are policy neutral uses under the Next

Generation Neighbourhood Precinct. A Child Care Centre is not proposed under this development application. This is not sufficient grounds for refusal of the application. Issue - Noise • Impacts of noise including:

o Loading dock o Outdoor dining o Activities associated with the proposed Function Facility o Plant noise (i.e. air conditioners / generators) o Boat traffic to and from the site

• This is a quiet residential area and not an urban centre • Traffic noise will be excessive at all hours of the day and night • The noise from the café and playground now is 7am - 5pm, 7 days a week and is almost

debilitating • The consistent loud noise (even noise that does not go over the Australian Standards

guidelines will affect lifestyle • Rubbish trucks with reversing audible noise / heavy vehicles with air brakes servicing the

precinct • The applicant has not adequately address the noise issues that will be a permanent factor

for residents along Jabiru Canal. Potential noise issues associated with the development: o Operational noise day to day trading o Constant music and microphone systems re: shop advertising o Café dining outside along the canal, clatter of crockery, cutlery, conversations o 6am bike riders o Night dining outside o Delivery trucks - no restrictions o Rubbish collection on the Jetty o Boat tinnies unrestricted 24/7 o Generators unrestricted 24/7 o When venues close but people still revelling outside at 1am plus until they leave o Nightclub amplified music o Cleaning of the area at night o Traffic leaving after venue close at 1am

• Drunk patrons leaving the club at 1am will result in many calls to Council • Acceptable Outcome 74 states hours of operation do not exceed 6.00am to 9.00pm

Monday to Sunday. Applicant state the proposal complies with Performance Outcome 74 but proposes to allow the hours of operation to extend until 1am as the noise impact can be manage in accordance with the acoustic assessment. Acoustic assessment states a level of 109 L10, dB (C) under Amplified Entertainment

• The submission by the applicant is particularly vague on both sound attenuation and light shielding

• Ambient noise will increase due to: o Increased traffic day and night o Boat traffic docking and departing

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Assessment of Submissions o People eating, drinking and talking all day and into the evening o The noise of commerce o Garbage trucks o Delivery trucks o Boat generators working all hours of the day and night

• The acoustic impact would be significant and travel unabated for 2km in the surround area as water is reflective and makes noise appear much closer and louder than it actually is

Professional Submission - (Summary) • The noise generated by the proposed development will exceed that of the originally

approved residential development. A peer review of the report has been undertaken with additional findings relating to the following items being identified: o Waste Collection / Deliveries Vehicles o Vehicle Emissions o Entertainment Venue

• The scale and uses proposed within the Town Centre have not appropriately considered the existing sensitive uses adjacent the site

• Direct conflict with the following outcomes of the Next Generation Neighbourhood Precinct Code: o Section 6.2.6.3.1 - Purpose M, N o Performance Outcome PO11 o Performance Outcome PO12 o Performance Outcome PO13 o Performance Outcome PO14

An acoustic assessment by AcousticWorks was submitted with the development application. Council officers identified some issues with the assessment and these matters were included as items in an information request. The applicant responded with an amended acoustic report. Council engaged an acoustic engineer to peer review the amended report. The reviewer identified various inadequacies in the acoustic assessment. These include the following: • The report is based on superseded drawings, albeit the differences between the

assessed drawings and the current version are not considered to be significant. • Restricting the hours of delivery to between 7am and 6pm may not be practical from a

commercial perspective. • The methodology for identifying the level of noise emissions has led to an understating of

the noise impacts to surrounding residents. • Analysis of the recorded background noise levels and subsequently the determination of

RBL’s has resulted in inaccurately higher noise level limits. • Changing the assumptions used in evaluating the effects of noise from patrons identifies

that there is potential for greater impacts to residents. • The acoustic assessment’s recommended operating time restriction for outdoor areas

may be impractical to apply and administer. A meeting between acoustic consultants and Council officers was undertaken to discuss these concerns. Matters were generally agreed to including the following: • Further background monitoring to be undertaken to confirm the noise level limits for the

Freya Crt/Spinnaker Boulevard (monitoring results to be adjusted for insect noise activity or other sources where appropriate)

• Noise from loading dock requires further assessment however there was broad agreement that mitigation measures such as acoustic screening, greater enclosure of the

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Assessment of Submissions loading dock area and internal absorptive lining to the loading dock could be employed to adequately mitigate impacts.

• The club facility deck will be fully and permanently enclosed. i.e. no openable glazing. In essence it will no longer be a deck.

Lower Level Dining / Retail • The internal fitout dining/retail areas facing outwards would be acoustically treated. A

condition will require this is maintained by including in all lease agreements. • No dining would occur beyond the building footprint i.e. no outdoor dining unless

demonstrated otherwise. • Openings facing outwards towards the water-line will be closed from 8pm. Noise Management Plan Below is a list of some items for inclusion in the noise management plan. • Required leasing arrangements • Operational restrictions • Signage • Roles and responsibilities • Measures for communicating the plan • Complaint management processes • Measures for managing the closure of openings i.e.

- Security guard to monitor and enforcement closure of openings at 8pm - Sensors to openings that trigger notification if not closed by 8pm

An amended acoustic report was to be provided to demonstrate the above measures will achieve the required acoustic outcomes. The architectural drawings were to be updated to incorporate the full set of recommended acoustical upgrades. Subsequently the applicant and their acoustic consultant provided draft amended documents to Council for review. A meeting between the applicant’s representatives and Council was undertaken to discuss the draft amended documents. Further matters for consideration and clarification were identified. The applicant responded with amended plans and acoustic report. The following amendments have been included in the new report: • Background noise levels for receivers in the vicinity of Thistle Court have been revised

and reduced. Therefore the noise criteria for this location have also reduced accordingly. • Additional noise monitoring has been conducted for receiver areas to the south of the

development in the vicinity of Freya Court and Spinnaker Boulevard. Background noise levels for receivers in these areas are reduced, therefore the noise criteria have also been reduced accordingly, particularly in the period between 6pm to 8pm.

• Because of the reduced criteria, changes to the design of the building façade are required. The original design and acoustic report was based on approximately 50% open area of the façade (club and café/restaurant tenancy facades), including upper and lower floor levels of the club having operable glazing. The revised acoustic model and new recommendations are for the upper floor of the club to be fully enclosed, and the lower floor of the club to be partially enclosed with fixed glazing.

• There are no outdoor areas for dining or other tenancy related activities and no outdoor deck areas unless demonstrated otherwise. All seating and dining will be located within the closable façade of the building.

• The loading dock now incorporates acoustic treatments to the building in order to reduce potential noise emissions, in conjunction with restriction of delivery hours to between 7am and 6pm.

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Assessment of Submissions Measures for mitigating the potential impacts include operational restrictions and structural requirements. The noise management plan incorporates mechanisms for ensuring the ongoing maintenance of condition requirements. These have been reviewed by Council officers and Council’s peer review consultant. It should be noted that noise from the use will be audible and therefore some residents who may be vehemently opposed to the development will be unsatisfied if the use is approved. Consideration of acoustic matters is however based on the likelihood of annoyance occurring. The process for evaluating acoustic amenity issues related to the development has been thorough. The peer reviewer is a highly experienced and respected acoustic engineer who has provided significant input. It has been demonstrated that with the inclusion of appropriate conditions the use can operate with a low likelihood of causing significant nuisance to surrounding residents. This is not sufficient grounds for refusal of the application. Issue - House of Operation • Proposed trading house until 9pm and Function Facility until 1am Acceptable Outcome AO74 of the General Residential Zone Code - Next Generation Neighbourhood Precinct nominates that hours of operation do not exceed 6:00am to 9:00pm Monday to Sunday. The corresponding Performance Outcome PO74 requires that hours of operation minimise adverse amenity impacts on adjoining sensitive land uses. The discussion under Issue - Noise and Issue - Lighting demonstrates that the proposed hours of operation will minimise the adverse amenity impacts on adjoining sensitive land uses. This is not sufficient grounds for refusal of the application. Issue - Rubbish • Dumpster lids not being close properly • Garage trucks and associated smells impacting neighbours • Café rubbish blowing into Jabiru Canal of tables Refuse will generally be centrally located within the development site. All dining will be within building facades. Penalties apply in relation to inadequate management of refuse. This is not sufficient grounds for refusal of the application. Issue - Proposed Jetty • Excessive length not in keeping with the residential approvals in the area • Increase marine traffic • Limited space for manoeuvring of sea craft • Length of stay • Boats coming adrift from jetty or moorings • Fishing and associated activities from the Jetty • Number of boats able to moor • Small boats anchoring on the beach • The canal was not designed to accommodate a jetty of the size that Stockland / Axis

Capital Pty Ltd intend to build A Jetty is not proposed as part of this development application. This is identified on the plan of development “works in canal indicative only and subject to Operational Works approval”

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Assessment of Submissions This is not sufficient grounds for refusal of the application. Issue - Water Pipe • Will this adversely impact on marine creatures / impact on dolphins that visit the canal The water pipe referred to in the submission is unclear. However, there is a stormwater drainage outlet which directs stormwater flows into the canal from the southern precinct of the Isles of Newport development. This water is treated within the Southern Vegetated Drainage waterway channel, which treats the water to achieve the water quality objectives as outlined by the State Planning Policy and Council’s Planning Scheme. This is unlikely to impact on the marine creatures or the dolphins that visit this canal. This stormwater outlet is not part of this application and has been delivered under previous stages. If it relates to the Salinity Main, this is also not relevant to this application. However the salinity main intake structure has been designed with a mesh at the intake to ensure that the marine environment does not enter the structure. This is not sufficient grounds for refusal of the application. Issue - Lighting • Effects of lights on neighbours • Lighting from the development would have a major impact on the surrounding homes as

the complex would have them on all night • Shopping centres, retail and clubs would keep lights on 24/7 • Light reflecting off the water will be an unacceptable intrusion to residents • The submission by the applicant is particularly vague on both sound attenuation and light

shielding • The lights form the commercial development will not be dull and this will be extremely

intrusive to all existing residents • The lights from the current Stockland Playground reflect off the water and the sails

overhead and project into the adjacent properties at night. A residential homes on the proposed site would not create this kind of invasion of privacy.

A Lighting Amenity Assessment by MWA was provided in support of the development application. Council raised issues in its information request dated 17 May 2017 as there had been no assessment of potential nuisance from lighting associated with the retail/commercial/club/food and drink uses impacting residents to the south and east/north-east across the water body. The applicant submitted a further assessment of the lighting strategy to provide additional guidance and drawings identifying conceptual lighting for external areas so as to prevent adverse nuisance to the surrounding areas. In particular, the following components have been considered: a) Boardwalk to the canal; b) Area between retail buildings; c) External walkway areas; and d) Carpark areas. The Light Amenity Assessment has been submitted as a specification guide for future tenants to the centre. As future tenants are currently unknown, if was difficult for the application to provide a full lighting assessment for approval and implementation. The future detailed lighting design of the development shall be based upon using a range of light fittings for car park illumination, using higher pole mounted lights in the centre of ground level parking areas and lower pole mounted fittings to the perimeter of parking areas and the use of bollard style lighting in landscaping areas. Use of directional light fittings to contain glare and light spill is an important requirement of the future lighting design.

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Assessment of Submissions The lighting design shall thus incorporate directional light fittings with appropriate glare shields which direct lighting onto the site and minimise light spill off the site to achieve the regulatory limits. These fittings, coupled with appropriate mounting heights and locations are to ensure compliance with AS4282 for dark surrounds. Any illuminated signage for the site will also be designed to comply with Australian Standard AS4282. The overall intent of the design is to minimise glare from site lighting when viewed from beyond the site and to limit light spill beyond the site. The use of appropriate luminaires and mounting locations to achieve this outcome is readily achievable. Council will condition the applicant to provide a full lighting amenity assessment report prior to submitting an application for building approval. They will also be required to provide certification that the installed lighting complies with AS4282-1997 - (Control of the Obtrusive Effects of Outdoor Lighting). This is not sufficient grounds for refusal of the application. Issue - Marine Life • Increased activity • Dropping of rubbish and glass in the waterways will be detrimental to marine life • I have serious environmental concerns for the impact on marine life in and around the

canal All works proposed within Jabiru Canal will be subject to a future Operational Works approvals. This included future waterside embellishments, terracing on the waterside of the development, proposed future viewing deck and jetty. Refuse will generally be centrally located within the development site. All dining will be within building facades. Penalties apply in relation to inadequate management of refuse. This is not sufficient grounds for refusal of the application. Issue - Size / Scale / Competition • Impact on existing retail / commercial precincts • Significantly larger than would normally be in a small residential area • Does the peninsula need another Shopping Centre? • Redcliffe is well served by facilities at the Redcliffe Leagues Club and the RSL • There are already over 10 hotels in a quite small area (Mango Hill / North Lakes /

Deception Bay). • Development will impact on the surround businesses which fall into the 1600m radius. • New development is only duplicating existing business in the area which are better

located and have the capacity to serve the needs of existing and future residents • This DA is for a very large commercial precinct, much larger than would normally be

found in a residential area • Located within 1.3km of three commercial precincts one of those is very large

incorporating, health services, cafes, restaurants, indoor sports facilities • The Leagues Club is 2.4km from this proposal and includes entertainment, alcohol, and

function facility, it is only 12 minute walk or 3 minute drive • Tigers will be setting up at Nathan Road very soon and this will include a sports club, we

don’t need another within the precinct Size / Scale The proposal is a Neighbourhood Hub under the Moreton Bay Regional Council Planning Scheme. A Neighbourhood Hub is defined as:

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Assessment of Submissions A cluster of non-residential uses. A conveniently located public place that is recognised and value in the local community as a gathering place for people, and an access point for a wide range of community activities, programs, services and event. Includes, a lot shown on an Overlay map - Community activities and neighbourhood hubs. Performance Outcome PO60 states that retail and commercial uses within a neighbourhood hub are of a scale that provide for the convenience needs or localise services of the immediate neighbourhood and do not constitute that scale or function of a Local Centre. Acceptable Outcome AO60 nominates one way of achieving this: Retail and commercial uses within a neighbourhood hub consist of no more than: a) 1 small format supermarket with a maximum GFA of 1200m2; b) 10 small format retail or commercial tenancies with a maximum GFA of 100m2 each Performance Outcome PO60 notes that for the function and scale of a Local Centre refer to Table 6.2.1.1 Moreton Bay Centres Network - as outlined below:

Local

Role/Function Focus for retail and commercial activity within the local area.

Catchment Local

Transport connectivity Stopping or transfer point for bus or train network.

Scale of Retail activities 5,000m2 - 7,000m2 GFA

Retail activities Including: - A full-line supermarket - Convenience stores - Personal services - Specialty stores

Excludes: - Department stores (including discount department stores) - Showrooms(78) - Multiple full-line supermarkets

Scale of commercial activities 2,000m2 - 5,000m2 GFA

Commercial activities Including: - Local professional offices

Excludes: - District level and above professional and government offices

Residential activities - Medium - low density, low-rise

Community activities - Artistic, social or cultural facilities - Child care - Education - Emergency services(25) - Health services

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COORDINATION COMMITTEE MEETING PAGE 17/2354 14 December 2017 Report

Assessment of Submissions

- Religious activities - Social interaction or entertainment - Support services

Other activities - Small scale entertainment activities - Local civic park

The total GFA for the proposed Neighbourhood Hub has a total GFA of 4,970m2. The scale of retail and commercial activities outlined in the table above is 5,000-7,000m2 and 2,000-5,000m2 respectively. The development does not propose a full-line supermarket being defined as a supermarket generally stocking more than 18,000 line items and having a gross floor area between 2,500m2 and 4,000m2. The supermarket proposed at part of this development is only 1,200m2. Competition An Economic Impact Assessment has been prepared in support of the proposed Marketplace in accordance with SC 6.7 Planning Scheme Policy - Economic Impact Assessment. A summary is provided below: Trade Area Analysis The primary sector generally extends 1 km around the site in the north, south and west and is bounded by Anzac Avenue/Klingner Road to the south. This sector includes the entirety of the suburb of Newport, including the Stockland Newport development, as well as portions of the suburbs of Rothwell and Kippa-Ring. The secondary east sector comprises the entire suburb of Scarborough, an established seaside suburb. The secondary west sector contains sections of the suburbs of Rothwell and Kippa-Ring. The Newport Marketplace main trade area population is currently estimated at 17,570 (2016) and is projected to increase 24,570 by 2031, reflecting an average annual growth rate of 2.1% over the forecast period. The major residential development occurring within the primary sector is the Newport development by Stockland. Discussions with Stockland indicate the potential for 2,100 – 2,300 dwellings across a range of low and medium density housing options. Stockland have projected approximately 200 dwellings to be sold annually, indicating a development time frame of 10 – 12 years. At the lower bound of 2,100 dwellings and assuming an average household size of 2.5 persons, this indicates an additional 5,250 residents in the primary sector over the forecast period. Supermarket Demand A full-line supermarket of over 3,000 sq.m is typically supportable for every 8,000 – 9,000 persons. Population growth of 6,500 persons in the trade area would almost support another full-line supermarket, with only a 1,200 sq.m supermarket proposed at the Newport Marketplace site. The subject supermarket, therefore, would service the growing population within the Newport area but still allow spending to be directed to other facilities and maintain the viability of those competing supermarkets. Population growth in the primary sector at over 5,000 persons alone would support an additional 11,000 sq.m of retail floorspace based on demand at 2.2 sq.m per person. The

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COORDINATION COMMITTEE MEETING PAGE 17/2355 14 December 2017 Report

Assessment of Submissions subject development provides only 3,030 sq.m of retail floorspace (excluding a gym facility of 430 sq.m), accounting for only one third of that demand. More than two thirds of the future demand of residents in the Newport estate would be catered for by existing facilities within the trade area Should a supermarket of 1,200 sq.m locate at the Newport Marketplace site, the need for existing supermarket facilities located outside the main trade area would still exist given these supermarkets serve existing populations in their immediate vicinity and broader region (i.e. there will be no significant impact on the retail hierarchy). Consumer Trends Time pressures have resulted in increasing trend towards convenience shopping. Based on consumer trends, there is a need for convenience and wider choice of shopping facilities within proximity to the homes of main trade area residents. Impacts on Existing Retail Facilities and Retail Hierarchy A shopping centre at the Newport Marketplace site would not impact on the viability or continued operation of any existing retail centre within the main trade area or the surrounding region. The development will have a sales impact on surrounding competitive facilities, however, population and retail spending market growth will offset impacts over time. The proposed shopping centre would be classified as a Neighbourhood Hub in the Moreton Bay Regional Council Planning Scheme and would act subordinately to other zoned centres within the region. A shopping centre on the Newport Marketplace site would fill a gap in the current retail hierarchy by allowing residents to carry out a convenience based shop locally. The sub-regional shopping centres at Kippa-Ring will continue to fulfil its roles as large centre serving the non-food needs of the broader region population. The Local Centres at Kippa-Ring and Redcliffe will continue to serve their immediate populations. Net Community Benefits The Marketplace provides for substantial net community and economic benefit, including positive impacts such as: • Significant improvement in the range of retail facilities that will enhance customer amenity

and allow for price competition. • Additional employment, both during construction and on an ongoing basis once

operational. This is not sufficient grounds for refusal of the application. Issue - Development is inconsistent with the outcomes of the Next Generation Neighbourhood Precinct • The people who bought into this residential neighbourhood expect to live in one for many

years. This code is low to medium density. They don’t want to live near a commercial shopping village that is 5,000 square metres.

• The DA does not meet the criteria of the Next Generation Neighbourhood Planning Scheme

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COORDINATION COMMITTEE MEETING PAGE 17/2356 14 December 2017 Report

Assessment of Submissions • The proposed size and location of this development is inconsistent with the MBRC Next

Generation Neighbourhood Precinct Code AO60 at approximately twice the 2200m2 Neighbourhood Hub size

• The MBRC Planning Scheme state non-residential development be orientated to adjoining streets

• Development is not consistent with a new Neighbourhood Hub and does not meet Purpose and Performance Outcomes of the Next Generation Neighbourhood Precinct Code

• Proposal does not comply with Performance Outcome PO74 in relation to hours of operation.

Professional Submission - (Summary) • Development conflict with the Purpose and Performance Outcomes of the General

Residential Zone (Next Generation Neighbourhood Precinct): o Section 6.2.6.3.1 - Purpose F, G, I, J, K, S o Performance Outcome PO5 o Performance Outcome PO6 o Performance Outcome PO60 o Performance Outcome PO61 o Performance Outcome PO63

An assessment of the development proposal against the General Residential Zone Code - Next Generation Neighbourhood Precinct has been undertaken. The proposal does not comply with Performance Outcomes PO61 and PO63 of the Zone Code. This is discussed above in section 2.4.3 of this report. The main area of non-compliance relates to the requirement of the new neighbourhood hub not being located within 1600m of another neighbourhood hub or centre. This non-compliance is also evident in the overall outcomes of the General Residential Zone - Next Generation Neighbourhood Precinct, specifically overall outcome (k) although in that Overall Outcome the separation distance is stated as “should not be located closer than … …” rather than “must be separated by … …” as stated in the Performance Outcome. In assessing the proposal against the outcomes of the Strategic Framework, specifically the MBRC Place Model for the Next Generation Neighbourhood Place Type. Section 3.14.9.4 Specific Outcomes - Settlement pattern and urban form required that a new local centre or neighbourhood hub is conveniently located within the neighbourhood. Local centres and neighbourhood hubs create a series of 15 minute walkable neighbourhoods. Convenient locations for local centres and neighbourhood hubs are on main through streets or on central intersections and within a 15 minute walking distance and responsive to active transport. The proposal involves the creation of a new Neighbourhood Hub located at the ‘front door’ of the Stockland Newport Master Planned community, that provides visibility and a meaningful contribution to the identity of the community, along with being in a commercially viable position. The site is located on Lakeview Promenade, being a district collector road and representing the main entrance and primary route through the new community. The neighbourhood hub will provide a 15 minute walkable distance (1200m) of the majority of new residential areas provided in Newport, that are currently not within walking distance of an existing centre. The development will also be easily accessible from the adjacent bus stop being constructed on Lakeview Promenade and has multiple active transport connections in all directions. This is not sufficient grounds for refusal of the application. Issue - Construction Management

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Assessment of Submissions If this application is approved, it is a recommendation that a condition be imposed requiring a Construction Management Plan to be submitted, approved and implemented prior to commencement of works on the site. This is not sufficient grounds for refusal of the application. Issue - Traffic • The area is already struggling with the traffic here - additional housing will contribute to

the issues • A commercial precinct will impede traffic flow and make it impossible to drive around let

alone find parking • The current single lane road in / out of the estate is nowhere near enough to cope with

the huge increase in new estate traffic let alone adding more people using a shopping village

• Increase traffic (peak times along Griffith Road) • Existing road network is insufficient to manage the volume of additional traffic generated

by the proposed complex • Roads are unsuitable for large commercial traffic • Road network in the area is extremely busy at the Klinger / Boardman Road roundabout -

original assessment was for less than half of the housing now being built • Roundabout needs strong consideration during the approval application within an ideal

view to having a full traffic light crossing in place as soon as possible • All residential and commercial traffic will use the small roundabout on Boardman and

Griffith Road - traffic in the vicinity is terribly congested (Griffith, Boardman and Anzac Avenue). With the additional of a commercial precinct, traffic will become impossible

• Traffic reports indicate the roundabout at Klinger/Boardman Road will be at capacity by 2023 with a projected 1037 dwellings. The current proposal is for approximately 2300 dwellings plus a significant commercial development therefore the access roads are not adequate or suitable for this application

Professional Submission - (Summary) • The current application provides details on specifically for internal traffic movements

rather than impact on the external catchment • Comparison and finding of previous traffic reports (2007, 2016) - there are

inconsistencies between the maximum intended development for the site and the numbers being expressed in the reporting

• The traffic assumption regarding the traffic for the Town Centre being internal traffic only is irresponsible

• Direct conflict with the following outcomes of the Next Generation Neighbourhood Precinct Code: o Section 6.2.6.3.1 - Purpose I o Performance Outcome PO23 o Performance Outcome PO25

The submissions raised have identified issues not specifically related to the proposed development. As part of the Isles of Newport subdivision application which has been approved, an Integrated Transport Assessment was prepared which encompassed the entirety of the development. As a result of this report, it identified a number of upgrades required to the external Council road network and State controlled network as well new road networks which incorporates the development into the wider existing road network, all of which has been conditioned on that separate development permit. The Integrated Transport Assessment also incorporated a trip generation amount for the proposed development, which has been updated as further detail has been provided with this application. This identifies that there is a difference of 25vph (600vpd) which is less than a 5%

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2358 14 December 2017 Report ITEM 2.1 DA/34215/2017/V2K - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (CLUB, HEALTH CARE SERVICES, FOOD AND DRINK OUTLET, FUNCTION FACILITY, INDOOR SPORT AND RECREATION, OFFICE, SALES OFFICE AND SHOP) - DIVISION 5 - A16227663 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2358 14 December 2017 Report

Assessment of Submissions increase and is within the tolerable levels of the model. Thus, the proposed development has not been reviewed in isolation. Within the previous Reconfiguring a Lot development approvals for Stockland Newport, upgrades to the State and Council controlled road networks required to be delivered are; • Design and construct upgrading to the intersection of Klinger Road and Boardman Road; • An upgrade to the Nathan Road and Anzac Avenue intersection; • An upgrade to the intersection of Anzac Avenue, Elizabeth Avenue and Boardman Road; • An upgrade at the Anzac Avenue and Klingner Road intersection; • Road works comprising three laning eastbound on Anzac Avenue including signalisation of

Mandin Street, Regency Street and Anzac Avenue intersection and three laning westbound on Anzac Avenue;

• Installation of and upgrades to public bus stops. This is not sufficient grounds for refusal of the application. Issue - Impact on Property Values • Advice from Real Estate agents suggest homes will decrease in value by up to 20% • Our properties will be devalued Property values are not regulated by the Moreton Bay Regional Council Planning Scheme. This is not sufficient grounds for refusal of the application. Issue - Amenity / Privacy • Impact on the privacy of all residents • Increased drunkenness and associated social problems (noise / litter / fighting /

vandalism) • Air pollution from smokers assigned to designated areas • Complex impacts the amenity of sensitive uses adjoining the canal Refer to Issue - Noise, Rubbish and Lighting above for discussion. This is not sufficient grounds for refusal of the application. Issue - Location • Development of the retail centre around the proposed Lake • Develop the commercial precinct around the lake or close to the new football grounds • The location of the proposed centre was chosen for marketing reasons rather than

community care and responsibility. The chose location: o Is in proximity to existing residential properties o Will impact on the existing amenity, peacefulness, and tranquillity o Is not consistent with the existing residential properties in the area o Will significantly impact on the privacy of all existing residents especially those on

Jabiru Canal Refer to Issue - Development is inconsistent with the outcomes of the Next Generation Neighbourhood Precinct for discussion relating to inconsistency on the location of a new neighbourhood hub. In relation to the potential for the proposed development being located around the proposed Lake / closer to the Nathan Road Sports Fields, the current location was selected because of its location at the entrance to the Newport Master Planned Community. The applicant has stated that the ‘the proposed Marketplace focuses on the public realm around the prime waterfront location and estate entrance boulevard, which is considered key in ensuring the success of the Marketplace both economically and socially’. Given the zoning of the development site, there is no avenue under the planning scheme for Council to control the proposed location of the development where it complies with the planning scheme.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2359 14 December 2017 Report ITEM 2.1 DA/34215/2017/V2K - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (CLUB, HEALTH CARE SERVICES, FOOD AND DRINK OUTLET, FUNCTION FACILITY, INDOOR SPORT AND RECREATION, OFFICE, SALES OFFICE AND SHOP) - DIVISION 5 - A16227663 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2359 14 December 2017 Report

Assessment of Submissions Concerns relating to amenity are also explored through Issue - Noise, Rubbish and Lighting above. This is not sufficient grounds for refusal of the application. Issue - Community Consultation Report • Stockland produced a 69-page Community Consultation Report that concluded, ‘these

engagements revealed widespread, strong community support for the proposal’. However, the residents close to the proposed development and those who would be impacted by noise and traffic were never consulted. The report might have as well been produced in Darwin.

The purpose of the Community and Stakeholder Engagement Program was to engage the local community about the Waterside at Newport proposal and facilitate opportunities to provide feedback. The objectives of the program were to: • provide the community with information about the Waterside at Newport proposal and the

expected outcomes, both direct and flow-on, for the community and for the region • disseminate as widely as possible information about the consultation process objectives

and the opportunities for involvement • offer a variety of accessible avenues for stakeholders to participate, with the intent to

encourage public contributions • enable the project proponents to consider community feedback. The program was predicated on the community having a high level of interest in the Waterside at Newport proposal due to: • Plans for a retail and dining precinct (the ‘Marketplace’) close to residential suburbs • Retirement Village buildings proposed to be 6 storeys • The inclusion of a significant area of ‘public realm’ across all elements of the project • A desire to engage the community in design of a 1-hectare public lakeside park at a

subsequent stage of the proposed development. The program was designed to engage the broadest cross-section of the community as possible — residents, business owners, schools, sporting clubs and community groups — both on the Redcliffe peninsula and in neighbouring areas such as North Lakes and Griffin. The key components of the program to encourage the community to ask questions and contribute views were: • A dedicated project website containing a range of information and resources • An independent engagement team, with dedicated email and phone number, to manage

community queries • A letter of introduction offering personal briefings, sent to 46 individuals and organisations

considered to have an interest in the proposal • A program of face-to-face meetings with stakeholders conducted by Stockland/Axis

Capital project managers • A Community Information Day, advertised widely in the local community via articles and

advertising in local press and a direct mail campaign to local households. Importantly - the community consultation and stakeholder engagement undertaken by Stockland is not required under Division 2 of the Sustainable Planning Act 2009. This exercise is above and beyond the requirement of the Act. In relation to residents not being notified / consulted - all directly adjoining residents were identified as part of a letterbox leaflet distribution. The applicant used Salmat LDN to coordinate delivery and have confirmed that:

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2360 14 December 2017 Report ITEM 2.1 DA/34215/2017/V2K - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (CLUB, HEALTH CARE SERVICES, FOOD AND DRINK OUTLET, FUNCTION FACILITY, INDOOR SPORT AND RECREATION, OFFICE, SALES OFFICE AND SHOP) - DIVISION 5 - A16227663 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2360 14 December 2017 Report

Assessment of Submissions • Delivery was completed over Tuesday 14 and Wednesday 15 February 2017. • All walkers confirmed that their contracted distribution was completed. • A random, independent audit of households in the delivery area confirmed that walkers

have been performing their delivery requirements.

Issues beyond their control which may hinder distribution include lack of unimpeded/ safe access, over full letterboxes and “no advertising material” type signs. It is also noted that an advertisement and news article were run in the Redcliffe and Bayside Herald to notify residents of the Information Day. This is not sufficient grounds for refusal of the application.

2.8.3 Notice of Compliance

The Notice of Compliance was received by Council on 3 July 2016. The Notice of Compliance identifies that public notification requirements for the application were correctly undertaken in accordance with the requirements of Chapter 6, Part 4, Division 2 of the Sustainable Planning Act 2009.

2.9 Other Matters

None identified. 3. Strategic Implications 3.1 Legislative/Legal Implications

The applicant and submitter/s have appeal rights in accordance with the Planning Act 2016. 3.2 Corporate Plan / Operational Plan

Creating Opportunities: Well-planned growth - a sustainable and well-planned community.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2361 14 December 2017 Report ITEM 2.1 DA/34215/2017/V2K - MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR SHOPPING CENTRE (CLUB, HEALTH CARE SERVICES, FOOD AND DRINK OUTLET, FUNCTION FACILITY, INDOOR SPORT AND RECREATION, OFFICE, SALES OFFICE AND SHOP) - DIVISION 5 - A16227663 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2361 14 December 2017 Report

3.3 Policy Implications

The proposal is consistent with the existing Moreton Bay Region planning provisions and relevant policies.

3.4 Risk Management Implications

Development occurs efficiently and effectively in the region in a manner that reduces potential risk implications to Council and the community.

3.5 Delegated Authority Implications

There are no delegated authority implications arising as a direct result of this report. 3.6 Financial Implications

a) In the event that an appeal is made to the Planning & Environment court against Council’s decision, the Council will incur additional costs in defending its position.

b) Permit conditions require infrastructure contributions to Council.

3.7 Economic Benefit Appropriate development supports the growing Moreton Bay Region.

3.8 Environmental Implications

New development contributes to sustainable management and protection of the natural environment in the region through compliance with the planning schemes policies and provisions.

3.9 Social Implications

Appropriately designed and located development contributes to diverse, vibrant and safe communities and facilities.

3.10 Consultation / Communication Refer to clause 2.7.

ATTENDANCE Mr Marco Alberti left the meeting at 9.34am after Item 2.1. Mr Blayne Magner attended the meeting at 9.35am for discussion on Item 2.2.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2362 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2362 14 December 2017 Report

ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & 75 LAKEFIELD DRIVE, NORTH LAKES, DESCRIBED AS LOT 81 SP236568, LOT 80 SP236568, LOT 827SP 157401 - DIVISION 4 APPLICANT: WOLTER CONSULTING GROUP OWNER: MORETON BAY REGIONAL COUNCIL Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A16244601: 14 December 2017 2017 – Refer Supporting Information

A16271775 Responsible Officer: BM, Senior Planner (PED Development Planning) Executive Summary

APPLICATION DETAILS Applicant: Wolter Consulting Group Lodgement Date: 19 May 2017 Properly Made Date: 19 May 2017 Information Request Date: 9 June 2017 Info Response Received Date: 4 September 2017 Decision Due Date 3 January 2018 No. of Submissions: N/A (as application is code assessable) PROPERTY DETAILS Division: Division 4 Property Address: 28-40 North Lakes Drive, 10 The Corso & 75 Lakefield

Drive, North Lakes RP Description Lot 81 SP 236568, Lot 80 SP 236568, Lot 827 SP 157401 Land Area: 1.72ha Property Owner Moreton Bay Regional Council STATUTORY DETAILS Planning Legislation: Sustainable Planning Act 2009 Planning Scheme: MBRC Planning Scheme (s10.1) Planning Locality / Zone North Lakes Locality

Mango Hill Infrastructure Development Control Plan (the ‘DCP’) Town Centre Frame Land Use Theme Precinct 020 Sector Plan 020-2000

Level of Assessment: Code Assessable

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2363 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2363 14 December 2017 Report

This application seeks a Material Change of Use - Development Permit for Catering Premises, Commercial Services, Convention Centre, Hotel, Indoor Recreation, Licensed Club, Occasional Market, Office, Restaurant, and Shop situated at 28-40 North Lakes Drive, 10 The Corso & 75 Lakefield Drive, North Lakes on land described as Lot 81 on SP236568 Lot 827 on SP157401 Lot 80 on SP236568. It is proposed to establish a high quality, architecturally designed mixed-use development onsite referred to as “Laguna North Lakes”. The proposed development is to be constructed over four (4) stages. The subject site is identified as being located within the Urban Footprint in the South-East Queensland Regional Plan. The subject site is located in Sector 020-2000 of the Town Centre Frame “D” Sector Two prescribed under the Mango Hill Infrastructure Development Control Plan (MHIDCP), and has an area of 1.72ha. The application is a code consistent use in the North Lakes Locality, and results in a satisfactory development outcome through Performance Outcomes that achieve the outcomes identified in Sector 020-2000 of the Town Centre Frame “D” Sector Two. The application is recommended to be approved subject to conditions. The proposal was lodged with Council and deemed to be ‘Properly Made’ on 19 May 2017. Accordingly, this application has been assessed in accordance with the Sustainable Planning Act 2009. COMMITTEE RECOMMENDATION

Moved by Cr Julie Greer Seconded by Cr Denise Sims CARRIED 13/0

That the Officer’s Recommendation be adopted as detailed in the report.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2364 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2364 14 December 2017 Report

OFFICER’S RECOMMENDATION A. That Council, in accordance with the Sustainable Planning Act 2009, approves the development

application for a Material Change of Use - Development Permit for Catering Premises, Commercial Services, Convention Centre, Hotel, Indoor Recreation, Licensed Club, Occasional Market, Office, Restaurant, and Shop <300m2 - located at 28-40 North Lakes Drive, 10 The Corso & 75 Lakefield Drive, North Lakes, described as Lot 81 SP236568, Lot 80 SP236568, Lot 827 SP157401, subject to the following plans/documents and conditions:

Approved Plans and Documents Plan / Document Name

Reference Number Prepared By Dated

Staging Diagram A-SD-011 Rev F Richards & Spence 30.10.2017 Site Plan - Existing A-SD-101 Rev H Richards & Spence 30.10.2017 Site Plan - Proposed A-SD-102 Rev K Richards & Spence 30.10.2017 Floor Plan - Basement 02 A-SD-110 Rev R Richards & Spence 30.10.2017

Floor Plan - Basement 01 A-SD-111 Rev Z Richards & Spence 22.11.2017

Floor Plan - Lower Level Ground A-SD-112 Rev Y Richards & Spence 27.11.17

Floor Plan - Mess. Level Ground A-SD-114 Rev N Richards & Spence 30.10.2017

Floor Plan - Level 1 A-SD-115 Rev T Richards & Spence 30.10.2017 Floor Plan - Level 2 A-SD-116 Rev R Richards & Spence 30.10.2017 Floor Plan - Level 3 A-SD-117 Rev S Richards & Spence 30.10.2017 Floor Plan - Level 4 A-SD-118 Rev P Richards & Spence 30.10.2017 Floor Plan - Level 5 A-SD-119 Rev O Richards & Spence 30.10.2017 Floor Plan - Level 6 A-SD-120 Rev O Richards & Spence 30.10.2017 Roof Plan A-SD-121 Rev L Richards & Spence 30.10.2017 Elevations A-SD-201 Rev I Richards & Spence 30.10.2017 Elevations A-SD-202 Rev I Richards & Spence 30.10.2017 Elevations A-SD-203 Rev I Richards & Spence 30.10.2017 Elevations A-SD-204 Rev h Richards & Spence 30.10.2017 Sections A-SD-301 Rev I Richards & Spence 30.10.2017 Sections A-SD-302 Rev I Richards & Spence 30.10.2017 Sections A-SD-303 Rev I Richards & Spence 30.10.2017 Awning Sections A-SD-304 Rev G Richards & Spence 02.08.17 Project Materials A-SD-921 Rev E Richards & Spence 30.10.2017 Landscape Concept Plan 16-Iusse G Wolter Consulting Group 2 February

2017 Traffic Impact Assessment Report 11864 RMA Engineers 22 November

2017

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2365 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2365 14 December 2017 Report

Approved Plans and Documents Plan / Document Name

Reference Number Prepared By Dated

Site Based Stormwater Management Report

19373 R001 ADG May 2017

Amended Plans Required plan / document name

reference number prepared by dated

Floor Plan - Upper Level Ground A-SD-113 Rev Y Richards & Spence 30.10.2017

Conditions – All Stages 1. Proposal Plans The layout and other details depicted on the Proposal Plans listed in the following table and received by Council, are generally acceptable. The development covered by this approval must be undertaken generally in accordance with these plans and the supporting information lodged with the application subject to the specific amendments listed herein and the amendments required by other conditions of this approval.

Approved Plans and Documents Plan / Document Name Reference Number Prepared By Dated Staging Diagram A-SD-011 Rev F Richards & Spence 30.10.2017 Site Plan - Existing A-SD-101 Rev H Richards & Spence 30.10.2017 Site Plan - Proposed A-SD-102 Rev K Richards & Spence 30.10.2017 Floor Plan - Basement 02 A-SD-110 Rev R Richards & Spence 30.10.2017

Floor Plan - Basement 01 A-SD-111 Rev Z Richards & Spence 22.11.2017

Floor Plan - Lower Level Ground A-SD-112 Rev Y Richards & Spence 27.11.17

Floor Plan - Mess. Level Ground A-SD-114 Rev N Richards & Spence 30.10.2017

Floor Plan - Level 1 A-SD-115 Rev T Richards & Spence 30.10.2017 Floor Plan - Level 2 A-SD-116 Rev R Richards & Spence 30.10.2017 Floor Plan - Level 3 A-SD-117 Rev S Richards & Spence 30.10.2017 Floor Plan - Level 4 A-SD-118 Rev P Richards & Spence 30.10.2017 Floor Plan - Level 5 A-SD-119 Rev O Richards & Spence 30.10.2017 Floor Plan - Level 6 A-SD-120 Rev O Richards & Spence 30.10.2017 Roof Plan A-SD-121 Rev L Richards & Spence 30.10.2017 Elevations A-SD-201 Rev I Richards & Spence 30.10.2017 Elevations A-SD-202 Rev I Richards & Spence 30.10.2017 Elevations A-SD-203 Rev I Richards & Spence 30.10.2017 Elevations A-SD-204 Rev h Richards & Spence 30.10.2017 Sections A-SD-301 Rev I Richards & Spence 30.10.2017

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2366 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2366 14 December 2017 Report

Approved Plans and Documents Plan / Document Name Reference Number Prepared By Dated Sections A-SD-302 Rev I Richards & Spence 30.10.2017 Sections A-SD-303 Rev I Richards & Spence 30.10.2017 Awning Sections A-SD-304 Rev G Richards & Spence 02.08.17 Project Materials A-SD-921 Rev E Richards & Spence 30.10.2017

Landscape Concept Plan 16-Iusse G Wolter Consulting Group 2 February 2017

Traffic Impact Assessment Report 11864 RMA Engineers 22 November

2017 Site Based Stormwater Management Report 19373 R001 ADG May 2017

Amended Plans Required plan / document name reference number prepared by dated Floor Plan - Upper Level Ground A-SD-113 Rev Y Richards & Spence 30.10.2017

The following specific amendments are required and a revised plan incorporating these amendments shall be submitted to and approved by Council prior to the submission of engineering drawings relating to an operational works application.

Specific Amendments: The Taxi Rank ‘set down’ area adjacent to the function lobby shown on Floor Plan - Upper Level Ground, prepared by Richards & Spence, dated 30/10/2017, drawing number A-SD- 113, Revision Y, should be designed to include either a drop-off/pick-up zone or dedicated parking bay that is capable of accommodating a taxi suitable for use by people with disabilities in accordance with the following: Disability Standards for Accessible Public Transport 2002 - subsection 31(1) of the Disability

Discrimination Act 1992; AS1428.1 – Design for Access and Mobility; and AS2890.6 – Parking Facilities, Part 6: Off-street parking for people with disabilities. The Developer shall note that other conditions and engineering requirements may necessitate amendments not listed in this condition. 2. Approval Compliance The Developer shall be responsible for ensuring that all persons charged with the administration of the permitted use are at all times aware of the conditions of this approval. 3. Period of Approval This approval shall lapse if the Material Change of Use for Catering Premises, Commercial Services, Convention Centre, Hotel, Indoor Recreation, Licensed Club, Occasional Market, Office, Restaurant, and Shop <300m2 GFA is not commenced within a period of six (6) years from the date of this approval. 4. Develop in Stages Develop the site generally in accordance with the stages identified on the approved plans in consecutive order. Development must comply with each condition of the development approval as it relates to each stage, unless otherwise stated in the condition.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2367 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

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5. Engineering Drawings The layout shown on the engineering drawings shall conform to the approved Plan of Development as amended by this approval. Engineering drawings detailing the works required by this approval shall be compiled and submitted to Council in the form of an operational works application and comply with the relevant design standards of Council’s Design Manual. 6. Erosion Control and Silt Management The Developer shall ensure that erosion and sediment control measures are installed and properly maintained throughout construction of the development and that they, at all times, comply with Council’s planning scheme requirements and Council’s design standards, the State Government’s standards and other relevant legislative requirements (e.g. Environmental Protection (Water) Policy). The developer shall be responsible for restoration of the site and any adjoining affected lands where silt deposition has occurred as a consequence of the development. Such restoration shall be completed in a responsible time determined by Council’s delegated officer. 7. Construction Management Plan Prior to obtaining an approval for operational works, a construction management plan shall be submitted to Council for approval. The Construction Management Plan shall accord to the recommendations in the Civil Engineering Report titled “Site Based Stormwater Management & Engineering Services” prepared by ADG (Their Ref: 19373 R001) dated May 2017. 8. Access Routes Construction traffic is only permitted to access the site from Lakefield Drive via the existing constructed access to the north of the subject land, and in a manner approved by Council. The principal developer may be required, from time to time, during the period of construction, to clean those parts of the access route to the site that may be affected by any material dropped, deposited or spilled on the roads as a result of construction processes associated with the site. 9. Stormwater Drainage Design The Developer shall provide stormwater drainage in accordance with the requirements of Council’s Design Manual and the approved approved Site Based Stormwater Management & Engineering Services Report. Easements to the stormwater drainage shall be provided in accordance with Council’s Design Manual and the Queensland Urban Design Manual, QUDM as deemed necessary. 10. Water and Sewerage Prior to the commencement of use of each stage, submit to Council a Certificate of Completion or Provisional Certificate of Completion for the development from the Northern SEQ Distributor–Retailer Authority (Unitywater) confirming: (a) A reticulated water supply network connection is available to the land; and (b) A sewerage network connection is available to the land; and (c) All the requirements of UnityWater have been satisfied. 11. Electricity Services The developer shall provide documentary evidence (e.g Certificate for Electricity Supply to Subdividers with Agreement Number or Certificate of Supply) of entering into an agreement with an appropriate supplier for the supply of underground electricity to each and every stage. 12. Telecommunications Services (a) Provide Fibre-Ready telecommunications infrastructure (pit and pipe) throughout the development.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2368 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2368 14 December 2017 Report

(b) Provide certification from the supplier/installer that the works and infrastructure required in (a) above

have been undertaken in accordance with the Fibre-Ready specifications current at the time of installation. Note: The Commonwealths Telecommunications Act 1997 may vary requirements on development.

Note: Refer to the NBN Co’s Guidelines 13. Telecommunications Internal Wiring (a) Prior to the commencement of use of each stage, install internal wiring (Category 6 or better) within

each building from the expected location of any future Network Termination Device (NTD) for High Speed Broadband (based on the recommended locational criteria in the NBN Co Guideline (MDU Building Design Guide OR New Developments or NBN Co. Preparation and Installation Guide for SDUs and MDUs) to the same connection points in the building that would have been or have been installed for telephone and television connections; including but not limited to bedrooms, family/living rooms, and study/office.

(b) Prior to the commencement of use of each stage, provide certification from the installer or an RPEQ

engineer (electrical engineering) that the wiring required in (A) above has been done. SPECIAL CONDITIONS: S.1 Access Easement Provide an access easement over Lot 827 SP157401 in favour of Lot 81 SP236568 generally in accordance with the location identified on the approved plans. Appropriate easement documentation is to be prepared and executed prior to the commencement of use of the premises. Such easement documents are to be to the satisfaction of the Council’s Legal Services. S.2 Fire and Light Easement Provide a fire and light easement over Lot 80 SP236568 in favour of Lot 81 SP23658 generally in accordance with the location identified on the approved plans. Appropriate easement documentation is to be prepared and executed prior to the commencement of use of the premises. Such easement documents are to be to the satisfaction of the Council’s Legal Services. S.3 Existing Bus Stop Construction Management The existing bus stop, 'North Lakes Shopping Centre, Stop B' (TransLink Number: 600512, Hastus ID: 310813) on the site frontage may be impacted by the development. This bus stop must be able to function and pedestrian access to this facility must be maintained during the construction of the development. Accordingly, if any temporary bus stop and pedestrian access arrangements are required, the applicant must reach agreement on suitable arrangements with the Department of Transport and Main Roads’ TransLink Division ([email protected] or on 3851 8700) prior to any construction or works commencing. The Construction Management Plan to be provided shall include adequate provisions as detailed above. S.4 Building Elevations, Awnings, Screens, Material and Colours (i) Building Elevations to the street frontage are to be substantially as shown on the approved plans of

layout. (ii) The detail of materials, standard of finish of the building and colours, screens, fixtures and other

proprietary building products is to be substantially as shown on the approved plans of layout and shall remain in accordance with the criteria contained within the relevant sections of Sector Plans 020-2000.

Page 88: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2369 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2369 14 December 2017 Report

(iii) All frontage panels are to be rendered and painted as a minimum standard of finish. Unfinished

concrete or block work is not an acceptable standard of finish. Similarly, unfinished galvanised products as part of building facades are not an acceptable finish unless comprising part of an architectural feature. Such products are to be painted or colour bond. The colours may vary from that shown, but remain in accordance with the criteria contained within the relevant sections of Sector Plans 020-2000.

Any amendment of the elevation or significant change to the standard of materials, or external finish or fixtures to the building is to be submitted to the Council’s Delegate for approval, prior to construction. Any such amendment is to be demonstrated to be minor and demonstrated to be in accordance with the objectives of Sector Plans 020-2000 relating to Design and Siting Measures. S.5 General Building Design The building design shall adhere to the Design for Climate Change and Energy Efficiency Guidelines where appropriate. The development is required to: (i) Restrict the use of highly reflective materials on external walls or windows. (ii) Incorporate the use of gas or solar hot water heaters and solar energy devices where applicable.

(Such devices should be installed so as not to be visible from the street frontage wherever possible).

(iii) Implement energy efficient management systems for the building. (iv) Where possible, use building materials which impose energy efficiency. (v) Design and landscape car parking areas to reduce the impacts of reflected heat and glare and to

reduce the effects of heat storage during summer months. (vi) Ensure that entrances to the site incorporate suitably graded ramps, handrails, tactile paving and

other design features to enable unassisted entrance for persons with disabilities. S.6 Construction of the Pedestrian Awning and Pathway to The Corso and North Lakes Drive The pedestrian awnings and pathways to The Corso and North Lakes Drive as shown on the approved plans, are to be constructed as part of the development approved by this permit and not deferred. The awning provides connectivity with the town centre and complements other existing and emerging development in the locality and constitutes an alternative acceptable solution to satisfy the streetscape and building setback requirements of Sector Plan 020-2000. S.7 Fencing, Retaining Walls and Pathways (i) If at any stage, additional fencing is proposed along the street frontages or visible from the street

frontages (other than temporary construction fencing to subsequent stages) it must be submitted to Council for approval as a change to this development permit. Such fencing is to be black powder coated pool style fencing or black PVC coated wire netting with black posts, of a low height and be screened by a minimum width of 1.5 metres of dense landscaping.

(ii) Any retaining wall visible from a street frontage is to be finished to a minimum standard of render and paint (i.e. unfinished or painted concrete block work is not to be provided).

(iii) Pedestrian pathways shall be provided to the extent, and in the locations, shown on the approved plans. They are to be clearly delineated.

(iv) All pavement finishes are to be constructed to a high quality standard of finish consistent and

compatible with the existing pavement pattern and the approved AECOM - North Lakes Town Centre - Landscape Design Requirements dated August 2011.

Page 89: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2370 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2370 14 December 2017 Report

S.8 Screening of Roof Mounted Plant, Equipment and/or Electrical Fittings (i) All external or roof mounted plant, equipment or fittings which could otherwise be seen by a person

standing in any part of the street with frontage to the subject site or other vantage point in the locality is to be screened from view by construction having an appearance similar to that of the external fabric of the buildings and treated as an integral part of the building form.

(ii) Signage lighting is not to be provided from the roof top unless incorporate within screening or construction having an appearance similar to that of the external fabric of the buildings and treated as an integral part of the building form. Signage lighting could alternatively be fixed below the roof line, incorporate flush mounted LED lights, or other similar lighting treatment approved by the Councils Delegate.

(iii) The electrical transformers and Hydrant Pump Room servicing the site must be located on site as shown on the approved plans (or as amended) unless an alternative solution is approved by the Council’s Delegate.

S.9 Electrical Transformers Electrical transformers servicing the site must not be located on the site frontage or within the front landscaping setback unless an alternative solution is approved by Council in this respect. A further application to the Council for such an alternative solution is required. Other site locations, including a room as part of the building structure, are to be investigated as part of the consideration of any alternative location. Electrical transformers must be suitably screened with structures and/or landscaping if visible from any road frontage. Enclosures of ground transformers must have an outer finish similar to the building complex it serves. Barbed wires on top of the enclosure walls, as a means of restricting access to the transformers is not considered to be an acceptable solution in an urban environment and alternative solutions should be explored (e.g. metal mesh roofing). S.10 Public Utilities and Services and Footpath Restitution (i) The Developer is to be responsible for meeting all costs associated with works and other requirements

of this approval, including the costs of any alterations to public utilities and services required by such works and the connection of the development to such utilities and services.

(ii) The Developer shall be responsible for meeting all costs associated with extension, repair or making good of damaged footpath pavement and paths, kerb and channel, street furniture, retaining walls, entry feature and associated landscaping including established feature trees, or utilities located in the site, within easements, or in the adjoining road verge as a consequence of works and other requirements of this approval.

(iii) Damage to concrete and paved surfaces within The Corso, North Lakes Drive, Lakefield Drive and Endeavour Boulevard are to be replaced as a whole module rather than a specific isolated segment. Modules are identified in the approved AECOM - North Lakes Town Centre - Landscape Design Requirements dated August 2011.

S.11 Vehicular Access and Car Parking (i) Vehicular access to the site, car parking areas, and provision for loading and unloading of service

vehicles shall be generally as shown on the approved plans of layout and as required by the Sector Plan. The driveway access, circulation, parking and manoeuvring areas are to be designed and constructed in accordance with the requirements of Council’s Design Manual (Guideline No. 4) and shall make provision for access and circulation manoeuvres by refuse collection and all service vehicles associated with the use of the premises.

(ii) A development permit for operational works for the driveway, crossover and on-site car parking areas

is to be obtained prior to commencement of such works.

Page 90: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2371 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2371 14 December 2017 Report

All car parking bays, loading bays and refuse vehicle manoeuvring areas are to be designed, signed and delineated in accordance with the Council’s Design Manual. S.12 Restriction of Vehicular Access Vehicular access to the site is to be restricted to the location and in the manner shown on the approved plans of layout. Directional and traffic management signage shall be provided as part of future Operational Works applications to be lodged to Council for approval. S.13 Storage and Disposal of Waste Materials (i) Manage waste in accordance with Council’s General Waste and Recyclable Waste Storage and

Collection for Residential and Commercial Developments Policy (Policy No: 48-2150-002) and Technical Guideline, Prior to commencement of use and to be maintained at all times.

(ii) Provide a bin wash down facility connected to sewer as per Council’s General Waste and Recyclable

Waste Storage and Collection for Residential and Commercial Developments Policy (Policy No: 48-2150-002 and Technical Guideline, prior to commencement of use and to be maintained at all times.

(i) Refuse storage areas are to be screened from view from the street and be located generally as shown

on the approved plans of layout and/or the approved Waste Management Plan. S.14 Access Routes The Developer may be required, from time to time, during the period of construction, to clean those parts of the access route to the site that may be affected by any material dropped, deposited or spilled on the roads as a result of construction processes associated with the site. S.15 Landscape Works The Landscaping Concept Plan prepared by WOLTER Consulting, dated 2 February 2017 is generally acceptable to Council, in particular the external landscaping components (North Lakes Drive, Lakefield Drive & The Corso). In accordance with Section 4.2 Landscaping Concept Objectives of the Mango Hill Infrastructure Development Control Plan (Sector Plan 020-2000 Town Centre Frame ‘D’ Precinct, Figure 5) and the North Lakes Town Centre Landscape Design Guideline Issue ‘D’ Sept 2005 the Developer is required to review the concept plans for compliance and provide landscaping to North Lakes Drive, Lakefield Drive and The Corso. A landscaping operational works application is required for assessment by Council. S.16 Landscape Works and Maintenance All landscape works must be carried out in accordance with the Landscape Establishment and Maintenance Plan and development permit for landscape works outlined above, prior to commencement of use of the premises. The landscaping must be maintained in accordance with the approved maintenance schedule so that the landscaping meets the requirements of the Sector Plan and this development permit. S.17 Landscaping Adjoining Car Parking The landscaped areas adjoining the car parking area shall be protected from vehicular encroachment by wheel stops, kerbing or similar barrier. S.18 External Lighting All night lighting (including security lights, illuminated advertising signage, and car park illumination) shall be designed and constructed to ensure that light emitted from the subject land complies in all respects with Section 3.4.5 of the relevant Sector Plans and does not exceed the limits stated in Australian Standard AS4282-1997 Control of the Obtrusive Effects of Outdoor Lighting.

Page 91: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2372 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2372 14 December 2017 Report

S.19 Pedestrian Lighting (a) Install lighting for pedestrian areas in accordance with AS 1158.3.1 Pedestrian Area (Category P)

Lighting – Performance and installation design requirements or as amended, Prior to commencement of use and to be maintained at all times.

(b) Provide certification from a suitably qualified person that lighting for pedestrian areas complies with AS 1158.3.1 Pedestrian Area (Category P) Lighting – Performance and installation design requirements, Prior to commencement of use.

S.20 Poles, External Fittings and Furniture Finishes The finish to light poles, external fittings and furniture, including car parking or security lighting generally, is to be black powder coated paint, or similar finish, in keeping with the intended theme for the locality unless otherwise demonstrated as in keeping with the architectural design theme for the building, awnings or features. S.21 Proposed Signage (i) A Coordinated Signage plan is to be submitted and approved by the Council, in accordance with this

condition, prior to erection of any signage. Such signage is to be in accordance with the Signage Guidelines of Sector Plan 020-2000 - Town Centre Frame ‘D’ Sector Two. Any signage not in accordance with the guidelines is to be assessed and justified in consideration of other signage in the locality, urban design outcomes, the proportions of the building, integration with the built form, dominance with respect to the façade, total signage area, repetition and clutter.

(ii) Signage shall only be erected in accordance with the approved Coordinated Signage Plan and is to be maintained at all times.

(iii) No bunting, flags, banners, inflatable promotional devices, or the like, are to be erected on the premises. All signage is to be demonstrated to be in accordance with the Signage Guidelines Sector Plan 020-2000 - Town Centre Frame ‘D’ Sector Two. Ground Signs are not considered to be an acceptable signage outcome in the Town Centre Frame.

(iv) No signage shall contain any “third party advertising,” this includes but is not limited logos and slogans of products which are for sale.

(v) Any car parking, directional or regulatory traffic signage shall be in accordance with the Manual of Uniform Traffic Control Devices (MUTDC) and mounted on black powder coated metal posts.

CONCURRENCE AGENCY CONDITIONS C.1 Department of Infrastructure, Local Government and Planning The Department of Infrastructure, Local Government and Planning, by letter dated 19 July 2017 (Reference No: SDA-0517-039661), has advised of Concurrence Agency conditions to be attached to this development permit. These Concurrence Agency conditions are attached to and form part of this development permit. Environmental Health Advice Notes A1. Food Premises

In accordance with the Food Act 2006 the following must be submitted to Council prior to the commencement of construction or fit out of any licensable food business: (a) An application for food business licence. (b) Plans and elevations (refer to note below). (c) Supporting documentation. (d) Relevant fee.

Please Note: The application is assessed against the provisions of the Food Act 2006, Australia and New Zealand Food Standards Code and AS 4674 – Design, construction and fit-out of food premises.

Page 92: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2373 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2373 14 December 2017 Report

Conditions - Stage 1 S.22 Car Parking and Bicycle Facilities

(i) The number of on-site car parking bays to be provided in Stage 1 shall be a minimum of 318 car parks and one (1) taxis bay + 55 bicycle parks. Such car and bicycle parking bays are to be signed and delineated and be generally as shown on the approved plans of layout.

Conditions - Stage 2 S.23 Car Parking and Bicycle Facilities

(i) The number of on-site car parking bays to be provided in Stage 2 shall be a minimum of 565 car parks + 117 bicycle parks. Such car and bicycle parking bays are to be signed and delineated and be generally as shown on the approved plans of layout.

B. That all external Referral Agencies for the development application be provided with a copy of the

Council’s Decision Notice. C. That the following information be included in the Decision Notice. Decision Notice information Application Type (b) Material Change of Use Development Permit and/or

Preliminary Approval for Catering Premises, Commercial Services, Convention Centre, Hotel, Indoor Recreation, Licensed Club, Occasional Market, Office, Restaurant, and Shop <300m2.

Relevant Period of Approval Material Change of Use – 6 years Section 331 Deemed Approval Not applicable Superseded Planning Scheme Not applicable Preliminary Approval Overriding the Planning Scheme

Not applicable

Other Necessary Permits • Operational Works – Development Permit • Building Works – Development Permit

Codes for Self Assessable Development

Not applicable

Conflict with Laws and Policies and Reasons for the Decision Despite the Conflict

Not applicable

IDAS Referral Agencies Department of Infrastructure, Local Government and Planning (DILGP)

Submissions Not applicable REPORT DETAIL 1. Background On 20 October 2010, Council’s delegate in accordance with Section 2.4.5 of the Mango Hill Infrastructure Development Control Plan, approved Sector Plan 020-2000 - Town Centre Frame “D” - Sector Two. On 17 November 2010, Council approved a minor amendment to the sector plan. The minor amendment facilitated subdivision of the sector plan area to create Lot 80 SP 236568 which is now occupied by the North Lakes Library; and Lot 81 SP236568, which forms the majority of the subject site.

Page 93: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2374 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

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Numerous development applications associated with the Library on Lot 80 and the Community Centre on Lot 827 have been lodged over the years to facilitate the completion of those developments. On 22 November 2012, Council approved a Material Change of Use - Preliminary Approval Not Overriding the Planning Scheme for the Corso - Accommodation Units, Amusement Premises, Apartments, Car Park, Car Wash, Catering Premises, Child Care Centre, Commercial Services, Community Premises, Convention Centre, Cultural Facility Entertainment Library, Family Day Care Centre, Hotel, Indoor Recreation, Licensed Club, Motel, Occasional Market, Office, Outdoor Recreation, Outdoor Sales, Passenger Terminal, Place of Worship, Restaurant, Sales and Information Centre, Shop: <300m2 GFA, Special Use, Technology Industry, Tourist Facility and Veterinary Clinic on land described as Lot 827 SP 157401, Lot 80 SP 236568 and Lot 81 SP 236568 (DA/27049/2012/DA). On 27 April 2017, Council approved a further minor amendment to Sector Plan 020-2000. The proposed amendments included the following: • The removal of the all movements access on North Lakes Drive; • The relocation to the south of an all movements access on The Corso; • The addition of a Left in/Left out access on The Corso; • The addition of a Left in access on Lakefield Drive; and • The addition of a Left in/Left out access on Lakefield Drive. 2. Explanation of Item 2.1 Proposal Details This application seeks a Material Change of Use - Development Permit for Catering Premises, Commercial Services, Convention Centre, Hotel, Indoor Recreation, Licensed Club, Occasional Market, Office, Restaurant, and Shop <300m2 situated at 28-40 North Lakes Drive, 10 The Corso & 75 Lakefield Drive, North Lakes on land described as Lot 81 on SP236568 Lot 827 on SP157401 Lot 80 on SP236568. It is proposed to establish a high quality, architecturally designed mixed-use development onsite referred to as “Laguna North Lakes”. The proposed development is to be constructed over four (4) stages. The proposal seeks to create a unique experience in the North Lakes area, establishing a boutique retail, dining, and lifestyle precinct in the heart of North Lakes. The proposal will contain a total Gross Floor Area (GFA) of 34,892m2 and consist of five (5) new buildings ranging in height from two (2) storeys, up to six (6) storeys. The tallest buildings include the Hotel and Function Centre and the Commercial Office Towers (6 storeys), which front The Corso, and North Lakes Drive, respectively. The development will be supported by a multi-level basement car park, which will be integrated with the existing basement car park situated beneath the existing Council library. A new laneway (Laguna Drive) is proposed to connect The Corso and Lakefield Drive, internal to the site, which will enhance accessibility for users by providing short term parking options, and passenger set down. Given the scale and complexity of the development, it is proposed to construct the development over four (4) stages. The four (4) stages consist of the following: Stage 1 Stage 1 will comprise of Buildings 1 and 2, all basement levels below Buildings 1 and 2 and the landscape plaza area, including the eastern end of Laguna Drive (pedestrian access only). Building 1 is located on the corner of North Lakes Drive and The Corso, and is two (2) storeys in height. The ground floor will consist of three (3) small retail tenancies and a restaurant, while the first floor will contain one (1) commercial tenancy. The building has been architecturally design to address both The Corso and North Lakes Drive frontages as well as Laguna Drive (proposed new laneway).

Page 94: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2375 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

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The building has been designed to allow pedestrians to pass through the building at the ground level, enhancing the connectivity of the north-south spine of The Corso. The building also incorporates a feature statement in the form of an architectural blade which protrudes above the building line. The architectural blade has been designed to incorporate a “Clock” which is located on the southern façade of the blade. Building 2 is located to the north of Building 1 along The Corso. Building 2 will comprise of a Hotel, Function Centre, four (4) Restaurants and a Retail tenancy. The Hotel is six (6) storeys in height and will consist of 138 guest rooms. The lobby and reception area of the hotel, along with other ancillary hotel areas including the four (4) restaurants and a retail tenancy, are contained on level one. The reception and a lobby area, are directly assessable from the porte cochere. The porte cochère is accessed from Laguna Drive, and will provide for up to seven (7) cars to be standing at any one time. The upper levels of the Hotel will be built out over the porte cochère, with a 3.0m wide concrete awning extending from the edge of the building out over the public footpath on The Corso. This awning structure will replace the existing shelter along The Corso. The Function Centre is situated in the western half of the building. The Function Centre is located over levels 1, 2 and 3 and consists of seven (7) function spaces, a bar, kitchen, amenities, storage and several outdoor terraces including a large landscaped terrace overlooking the landscape plaza area. The landscaped plaza area is located central to the site and has been designed to directly integrate with the existing Library immediately to the north, offering permeable connections through the site. Stage 2 Stage 2 consists of Building 3, including the outdoor pool and leisure area as well as the balance area of the basement car park and the western portion of Laguna Drive (vehicle access). Building 3 is five (5) storeys in height (including mezzanine levels) and is located over the north-western portion of the site, addressing Lakefield Drive. The lower ground level will contain a Sports Bar, two (2) retail tenancies and a car park accommodating 27 car parks. The car park is located in front of the Sports Bar along Lakefield Drive, while the two (2) retail tenancies are located along Laguna Drive. The upper ground level will contain four (4) retail tenancies situated along Laguna Drive and the pool side venue (tavern) including the outdoor pool and leisure area. The facility will provide a combined dining and lifestyle locale, whilst offering an active, outdoor recreation facility, compete with landscaped lounge areas around the pool. Level 1 will contain a GFA of 1,968m2 and will be utilised for Indoor Entertainment purposes, while level 2 will contain a GFA of 2,000m2 and consist of a gymnasium. Stage 3 Stage 3 consists of the construction of Building 4a. This building consists of active ground floor retail tenancies, linking North Lakes Drive and Laguna Drive (proposed laneway). The upper levels, floors 2 through to 6, consist of commercial office space. Stage 4 Stage 4 consists of Building 4b, and completes the development. Similar to Building 4A, the ground floor will provide an active retail tenancies, with levels 2 through to 6, being utilised for commercial office space.

Page 95: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2376 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

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Vehicular access to the on-site basement car parking areas is provided through three (3) primary locations - The Corso, Endeavour Boulevard, and Lakefield Drive. The entrances from both Endeavour Boulevard and Lakefield Drive are by way of existing driveways on land in Council Ownership. A new easement has been proposed over the driveway on Lakefield Drive to facilitate this access. An existing easement is already in place to facilitate access from Endeavour Boulevard. Additional access points are provided into Laguna Drive and on Lakefield Drive. A total of 883 car parking spaces (provided across two levels of basement) and 172 bicycle spaces are proposed on-site. In addition, end of trip facilities have been provided in the form of male, female, and PWD showers and change facilities complete with a considerable number of lockers available for users. Overall, the development will provide an architectural design which incorporates a human-scale element at street level. The scale and design represents a town centre style of development, with the major buildings addressing the primary street frontages, and creating active frontages at the ground level. Furthermore, the upper levels of the buildings have been provided with appropriately articulated facades, adding visual interest to the streetscape. The application is code consistent in the North Lakes Locality, in Sector 020-2000 of the Town Centre Frame “D” Sector Two prescribed under the Mango Hill Infrastructure Development Control Plan (MHIDCP), and results in satisfactory development that achieves the outcomes identified in the applicable codes. The application is recommended to be approved subject to conditions. 2.2 Description of the Site and Surrounds The site is located within the Town Centre Frame Precinct of North Lakes and is within the area of Sector 020-2000 of the Town Centre Frame “D” Sector Two of the Mango Hill Infrastructure Development Control Plan (MHIDCP). The site is the most central undeveloped parcel of land in North Lakes. The site is rectangular in shape and contains an area of 1.72ha. The site is currently vacant and cleared of all vegetation. The site is bound by The Corso to the east, North Lakes Drive to the south, and Lakefield Drive to the west. The northern boundary of the site is adjacent to ‘The Corso’ development, which currently accommodates Council’s public library and a community centre. The site slopes gently from the north-west to the south-east with a fall of approximately 3m. Immediate surrounding allotments contain:

Directions Planning Scheme Zone Current Land Use North Town Centre Frame (Sectors

048-1000 and 052-2000) North Lakes Bus Interchange and Future Multiple Dwellings

South Town Centre Core (Sector 002-1000)

Westfield Shopping Centre and Ikea

East Town Centre Frame North Lakes College West Town Centre Frame (Sectors

022-2000 and 046-1000) Vacant, approved two storey commercial office building and Aldi Food Store

2.3 State Planning Instrument Assessment

2.3.1 State Planning Regulatory Provisions (SPRPs) An assessment against each of the State Planning Regulatory Provisions is set out as follows:

Page 96: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2377 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

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Name Designation Applicable Requirements State Planning Regulatory Provision (Adopted Charges)

None Not Applicable to Development Assessment however the SPRP has informed the Council’s Adopted Infrastructure Charges Resolution, and this is discussed in section 5 of this report.

State Planning Regulatory Provisions (Adult Stores)

None The development proposal is not for an Adult Store and therefore the State Planning Regulatory Provisions do not apply.

South East Queensland Koala Conservation State Planning Regulatory Provisions

Priority Koala Assessable Development Area

The site is located in a Priority Koala Assessable Development Area but is made exempt under Section 857 of the Sustainable Planning Act 2009.

Southeast Queensland Regional Plan 2009-2031 (SEQRP) State Planning Regulatory Provisions - May 2014 Version

Urban Footprint

The development proposal is for an urban activity in the Urban Footprint, and there are no requirements in the State Planning Regulatory Provisions applicable to the development proposal.

2.2.2 State Planning Policy

A new State Planning Policy came into effect on 3 July 2017, and is not currently integrated into the MHIDCP. The following assessment benchmarks are to be applied to the assessment of development applications until the State interests have been appropriately integrated into Council’s planning scheme. Assessment against the SPP assessment benchmarks is as follows:

Applicable to the Development SPP Requirement Comment

State interest - Mining and Extractive Resources

☐ No None

State interest - Biodiversity

☐ No None

State interest – Coastal Environment

☐ No None

State interest – Water Quality

☐ Yes Receiving Waters trigger Development:

The SPP mapping shows the site as Climatic regions – stormwater

Page 97: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2378 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2378 14 December 2017 Report

Applicable to the Development SPP Requirement Comment

(1) avoids or otherwise minimises adverse impacts on the environmental values of receiving waters, arising from: (a) altered stormwater quality or flow, and (b) wastewater (other than contaminated

stormwater and sewage), and (c) the creation or expansion of non-tidal

artificial waterways, and (2) complies with the SPP code: Water quality

(Appendix 2).

management design objectives. The development does not conflict with this state interest. A condition has been included in the recommendations of this report requiring the applicant to provide stormwater drainage in accordance with the requirements of Council’s Design Manual and the approved Site Based Stormwater Management & Engineering Services Report.

State interest – Emissions and Hazardous Activities

☐ No None

State interest – Natural Hazards

☐ No None

State interest – State Transport Infrastructure

☐ No None

State interest – Strategic Airports and Aviation Facilities

☐ No None 2.4 Assessment Against Mango Hill Infrastructure Development Control Plan (MHIDCP) and Mango Hill

Infrastructure Agreement 1999 (MHIA 1999) An assessment against the relevant parts of the Mango Hill Development Control Plan is set out below. 2.4.1 Mango Hill Development Control Plan (MHDCP) The proposed development has been assessed against the key planning and development intent, as well as general and specific Desired Environmental Outcomes (DEO’s) as outlined in Section 5 – Town Centre Frame of the DCP. The proposed development is considered to be consistent with the development strategy of the DCP and with the specific intent and DEO’s for the Town Centre Frame Area.

Page 98: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2379 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2379 14 December 2017 Report

2.4.2 Assessment against Precinct and Sector Plans In accordance with the plan making process prescribed by the DCP, Precinct Plans provide planning statements, principles and guidelines to achieve DEO’s for a precinct area. Sector Plans allocate land use rights, provide indicative subdivision layout and staging and provide the code for development in a sector area. All the proposed uses are code compliant development where they accord with the provisions of the Sector Plan and the MHIA 1999.

The proposal has been assessed against the relevant Precinct and Sector Plans as outlined below and is considered to comply with these planning documents.

Precinct Plan 020 - Applicable DEO’s Compliance Comments

2.2 Desired Environmental Outcomes 3.0 Development, Planning & Design Principles 4.0 Landscape Concept 5.0 Environmental Management 6.0 Generic Land Uses 7.0 Infrastructure Precinct Plan Map

All relevant provisions generally comply.

Sector Plan 020-2000 - Applicable Codes Compliance Comments

3.0 Desired Environmental Outcomes, Planning and Development Intent 4.0 Development and Landscape Concept 5.0 Land Use Rights 6.0 Development Character 7.0 General Development Requirements 8.0 Environmental Management Sector Plan Map

All relevant provisions comply however some alternative solutions are proposed see comments below.

2.4.3 Performance Outcome Assessment

2.4.3.1 The Corso Street Level Activation: Section 6.1.2 of the Sector Plan states “On The Corso frontage, buildings are generally to be built to the boundary; however setback variations are considered acceptable where a proposed use is conducive to the provision of high quality landscaping and shelter structures at the ground level, incorporated to achieve a pedestrian friendly, “main street” environment.” Furthermore, Section 6.3.2 also states: “Development will present active frontages addressing the street, with the transition between the street and the ground level enhanced by highly accessible pedestrian entries (refer Appendix B: Image 13). The expansion of buildings and landscaping along The Corso will ensure a continuous combination of building edge and streetscape treatment, so that the street continues to be framed, with the exception of vehicle and pedestrian access points to the rear of the development.” Section 7.5.4 also refers to building height and form adjacent to the Corso and North Lakes Drive and provides the option of taller sections of building/s being setback from the Street above a podium.

Page 99: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2380 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2380 14 December 2017 Report

While a landmark building feature - being the proposed clock tower, is proposed at the corner of The Corso and North Lakes Drive, the ground level of the proposed Hotel is set back from the eastern frontage boundary and presents the largest component of the frontage to The Corso. Moreover, the Hotel drop-off lane and short-term parking is proposed between the Hotel and The Corso. An awning and widened footpath is proposed along the verge, which retains the key pedestrian linkage of the street. The upper levels of the Hotel building protrude above and beyond the ground level parking and drop-off zone. The proposed Hotel building promotes a built form presence and visual interest that is consistent with a ‘main street’ and is ‘intense and highly urbanised’, which are highlighted as the key outcomes in the Planning Intent and Development Concept statements in the Sector Plan. The Planning Intent within Section 3.2 also recognizes the degree of flexibility required in order to achieve a mixed use outcome of the level of intensity envisaged along the Corso. Section 3.2 states that “a range of Town Centre Frame land uses within this sector and has indicated this sector as a location that will principally be of a mixed use character that will support flexibility, accessibility and integration of activities and the built form with the town centre core, transport system, open space and the path network”. The establishment of short term accommodation (Hotel) and a Function Centre venue adjacent to the Town Centre Core is an opportune land use aspect of the application and is akin to a main street environment. It is considered that the proposed built form is ideal for the location and will bring about a greatly needed level of activity and vibrancy to the Town Centre (beyond business hours). While café and pedestrian integrated uses are not proposed at the Corso frontage (rather to a plaza space to the rear); the very presence of a hotel lobby promotes additional activity along the street. Furthermore, conditions will be included in the recommendations of this report, requiring alternative paving treatments be provided to enhance the shared nature of the hotel drop off area and street pedestrian entry.

2.4.3.1 Car Parking In accordance with the car parking rates contained within the MHIDCP, the proposal is required to provide a total 1,809 car parking spaces. The applicant seeks an alternative solution to provide a total of 883 car parks on-site, substantially less than the required number prescribed by the MHIDCP. Despite the shortfall, the proposed number of car parking spaces is considered to be sufficient to meet the needs of the future users of site based on the following grounds:

Merits of the Use The site is consistent with the DEO’s applicable for the Town Centre Frame. The range of uses offered are not packaged together elsewhere in North Lakes and the Convention Centre and Hotel proposed are of a standard not currently offered in the Moreton Bay Region. The proposal is consistent with the Desired Environmental Outcomes of The Town Centre, specifically the proposal adheres to the following: (a) To reinforce and complement the role and function of the town centre core as a key

component of the Major Employment Centre in the northern growth corridor. (b) To provide opportunities for a wide range of high order employment, entertainment and

tourism, services and housing for local and regional residents which may not be appropriate to a town centre core location having regard to their particular character.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2381 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2381 14 December 2017 Report

(c) To provide small scale incidental retail facilities generally intended to service the town

centre workforce and residents or as part of a mixed-use development. (d) To establish and maintain a high standard of urban amenity in the development of medium

and high density accommodation within the town centre frame.

Context of the Broader Town Centre:

The site is uniquely located in the North Lakes Major Regional Activity Centre. Furthermore, the site is on the pedestrian axis between the transit hub (North Lakes Bus Station), a district level civic facility (being the North Lakes Library) and the Town Centre Core. Having regard for the mix of land uses and cluster of retailing in the Town Centre Precinct, the North Lakes Town Centre is comparable to the major centres identified in the current planning for the Moreton Bay Region, and is arguably the most progressive of those centres. A total of 883 car parking spaces are proposed on-site, which equates to a proposed rate of 1 space per 39.5m2 of GFA (based on a GFA of 34,892m2). The table below provides a comparison of the car parking rates applicable to the identified centres in the current MBRC Planning Scheme.

Centre Use Category Maximum Rate Minimum Rate Caboolture Non-Residential 1 per 50m2 of GFA 1 per 75m2 of GFA

Short Term Residential 1 per 4 dwellings + staff spaces

1 per 10 dwellings + staff spaces

Strathpine Non-Residential 1 per 50m2 of GFA 1 per 75m2 of GFA Short Term Residential 1 per 4 dwellings +

staff spaces 1 per 10 dwellings + staff spaces

Morayfield Non-residential Individual use rates as per Schedule 7. Short Term Residential 1 space per unit + 1 per employee + 1 space

for manager’s residence District Centre

Non-Residential 1 per 30m2 GFA 1 per 50m2 GFA Short Term Residential 3 per 4 dwellings +

staff spaces 1 per 5 dwellings + staff spaces

Proposed Rate

Non-Residential 1 per 39.5m2 GFA Short Term Residential 1 per suite

The above table indicates that the MHIDCP parking rates, which date back to 1997, are conservative in comparison to contemporary planning for similarly sized centres in the MBRC region. While the North Lakes Town Centre Precinct is comparable in size, land use mix and retail offering to the centre zones in Strathpine and Caboolture, those centres require far lower minimum and maximum car parking rates than that required for the subject site. The North Lakes Town Centre Precinct does not benefit from being within proximity to a railway station. As such, it is not considered appropriate to mirror those rates. However, the development could be better compared with a District Centre, in terms of location and proximity to rail services.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2382 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2382 14 December 2017 Report

The above table identifies that the proposed parking rate (1 space per 39.5m2 of GFA) is consistent with the maximum car parking rate for a District Centre under the MBRC Planning Scheme. Having regard for contemporary planning standards around off street parking for Centre Zones expressed under the planning scheme, the proposed number of spaces is considered appropriate and the development is likely to be compliant if North Lakes was included within the Centre Zone under the broader MBRC Planning Scheme. Comparison to Other Developments

The following information provides an overview of on-site car parking requirements for other significant developments within the North Lakes Locality.

Development GFA Onsite Car Parks Car Parking Rate

The Corso 9,310m2 299 1 per 31m2 of GFA

Westfields (including IKEA)

76,536m2 5,271 1 per 14.5m2 of GFA

82 North Lakes Drive - Primewest

10,154m2 338 1 per 30m2 of GFA

Costco 13,894m2 790 1 per 17.6 of GFA

A review of the above developments and their associated car parking rates has identified that the proposed car parking rate of 1 space per 39.5m2 of GFA is comparable to the Corso rates and that of 82 North Lakes Drive. Cross utilization of Spaces The proposal features an integrated mixed use development and some cross utilization is considered appropriate. Previous assessments of mixed use development within the North Lakes Town Centre Precinct have indicated a tried and tested tolerance level of 20% cross utilization. Given the nature of the development it would be appropriate to apply a cross utilization factor (20%) to the Laguna Development i.e. distinctive day vs night uses which would further justify the car parking proposed equating to a rate around 1 per 31m2, which is consistent with the Corso rates and that of 82 North Lakes Drive. Audit of Use of Car Parks in North Lakes Development Services recently undertook an audit on the use of car parks for a number of developments within the North Lakes Town Centre. The audit took place during the period of 27 November 2017 and 29 November 2017 during business hours. The following information provides a summary of the number of car parks provided on site for each development and the associated usage rate of each car park.

Development Car Parking Spaces Provided

Car parks occupied

Usage Rate

The Corso 316 173 54.75%

Westfields (including Ikea)

5,271 3,405 64.6%

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2383 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2383 14 December 2017 Report

Development Car Parking Spaces Provided

Car parks occupied

Usage Rate

82 North Lakes Drive - Primewest

331 111 33.54%

53 Endeavour Boulevard - North Lakes Central

165 97 58.78%

59 Endeavour Boulevard

36 17 47.22%

111 North Lakes Drive - Primewest

305 60 19.67%

A review of the above information identifies that the six audited car parks are currently underutilised, with only three (3) car parks slightly exceeding 50% occupancy at one time. Furthermore, it is identified that all six (6) car parks are subject to parking limitations (e.g. 3 - 5 hour limits) which could account for the low occupancy rates. As identified above, the proposed development has a proposed parking rate that is comparable to the Corso and 82 North Lakes Drive - Primewest. The above table identifies that sufficient car parking has been provided on-site for both the Corso and 82 North Lakes Drive.

Having consideration to the above, it is recommended that the proposed 883 car parks be accepted as an appropriate alternative outcome, given the unique location of the site within the Town Centre Frame and the broad mix of uses proposed, which warrants a high degree of cross-utilization within an external to the site.

2.4.3.1 Awnings The Sector Plan seeks continual weather protection to a minimum depth of 3.7m for the extent of the frontages to North Lakes Drive and The Corso. Section 3.5.2(b)(ii) also includes a provision for Council to accept a variation of a 3.0m wide awning to The Corso frontage. In this instance, the application is seeking a Performance Outcome, by providing continual weather protection along both the North Lakes Drive and The Corso frontages. At multiple sections within the Precinct Plan, the document outlines the relevant ‘performance outcomes’ sought for development along these two frontages: Section 3.2 - Continuous pedestrian shelter is to be provided along the North Lakes Drive frontage through the use of wide building awnings or colonnades and shade structures. Section 3.3 - The Corso is to accommodate the high intensity pedestrian activity anticipated within the town centre, through the provision of wide footpaths offering shelter, awnings to buildings, visual interest through appropriate street plantings, public art and furnishings and high levels of accessibility for all members of the community. AND Pedestrian comfort at ground level must be considered with any development along The Corso. To achieve this outcome, appropriate responses should include a combination of continuous pedestrian shelter provided by building awnings (first storey) or colonnades, shade structures, street furniture and landscaping.

Page 103: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

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COORDINATION COMMITTEE MEETING PAGE 17/2384 14 December 2017 Report

To meet the outcomes sought by the Precinct Plan, the proposed development has incorporated continual awnings along both The Corso and North Lakes Drive (except for across vehicular crossings). The awnings extend from the built to boundary walls, out over the existing pedestrian footpaths, to an extent of to 3.2m along The Corso, and 3.0m along North Lakes Drive. The focus of the Precinct Plan in relation to the awnings is to provide a pedestrian-scale streetscape, with buildings defining the street environment, and creating the ‘main street’ character of the Town Centre. The intended purpose of the awning is to assist in creating the pedestrian-scale element to the streetscape, whilst functioning as a weather protectant. The proposed width of the awnings is considered to be acceptable, extending no less than three-quarters of the width of the pedestrian pathway. The extent of the proposed awnings on North Lakes Drive and The Corso generally reflect the extent of the awnings on the opposite side (southern) of North Lakes Drive.

2.4.4 Mango Hill Infrastructure Agreement (MHIA 1999) The extent and timing of infrastructure works to be provided to service the MHIDCP area is set out in the MHIA 1999. Obligations by the Principal Developer for roads, water supply, sewerage, park and open space, community facilities, stormwater and securities to be provided are specified.

MHIA 1999 - Applicable Infrastructure Compliance Comments 4.0 Roads 5.0 Water Supply 6.0 Sewerage 7.0 Park and Open Space 8.0 Community Facilities 9.0 Stormwater 10.0 Security

External and internal roads provided or secured and staged. Sufficient water supply and sewer allocations have been made. Park is provided as land or credits. Community facilities provided. Stormwater detention and treatment provided in accordance with the approved management plan for Trib. 1. Security provided.

2.5 Infrastructure Charges

Water supply and sewerage capacity (ET and EP) have been allocated to the subject lot in accordance with the provisions of the MHIA 1999 and the general rates for commercial uses identified therein. The method for calculation of charges or credits for infrastructure is set out in the MHIA 1999. All payment for infrastructure charges has been made at the time of endorsement of the Survey Plan. Water Supply and Sewerage for the lot has been allocated at 57.6 ET and 230.4 EP. It is likely that the development demand will exceed the water and sewerage demands allocated to this lot. In such cases an application is to be made to the Northern SEQ Distributor–Retailer Authority (Unitywater) for water supply and sewerage connections and all the requirements of Unitywater are to be satisfied, prior to commencement of use. A condition requiring separate Unitywater approval to connect the proposed development to reticulated water supply and sewerage is recommended to be included as a condition of development.

2.6 Recording of particular approvals on the MBRC Planning Scheme

Not Applicable in this instance.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2385 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2385 14 December 2017 Report

2.7 Referrals

2.7.1 Council Referrals

2.7.1.1 Development Engineering

Civil Engineering Report The Civil Engineering Report titled “Site Based Stormwater Management & Engineering Services” prepared by ADG (Their Ref: 19373 R001) dated May 2017 is considered acceptable to Council and is recommended for approval. Traffic Impact Assessment Report The Traffic Impact Assessment prepared by RMA Engineers dated 22 November 2017 is accepted and recommended for approval on the following basis:

- The supplied TIA is generally consistent with the previously approved TIA supporting the

recent Sector Plan Amendment. Minor modifications have been made to reflect the proposed development which differs slightly from the assumptions in the earlier report. These changes do not have a significant effect on the transport impacts of the development and the prior overall conclusions remain valid.

- It is accepted that the proposed development is not expected to have a significant impact on the surrounding road network and that external intersection upgrades beyond the site access points are not required.

- Detail of how intersections proposed to be left in / left out will be constructed and managed is required and will be assessed as part of the civil operational works application elements.

Bus Stop Construction Management & Taxis Rank Set down Provisions (SARA Advice) The application was referred to the Department of Infrastructure, Local Government and Planning as a concurrence agency. Under section 287(6) of the Sustainable Planning Act 2009, the department provide advice in relation to construction management and Taxis as detailed below:

Construction Management It is identified that the existing bus stop, ‘North Lakes Shopping Centre, Stop B’ on the site frontage may be impacted by the development. The State have advised that the bus stop must be able to function and pedestrian access to this facility must be maintained during the construction of the development. Accordingly, a condition will be included within the recommendations of this report requiring the bus stop must be able to function and pedestrian access to the bus stop must be maintained during the construction of the development.

Taxis Bay The State has identified that the design of the ‘set down area’ adjacent to the function lobby shown on Floor Plan - Upper Level Ground has not been designed to accommodate either a drop-off/pick-up zone or dedicated parking bay that is capable of accommodating a taxi suitable for use by people with disabilities. Accordingly, a condition will be included in the recommendations of this report requiring an amended plan which depicts a taxi rank ‘set down’ area that is capable of accommodating a taxi suitable for use by people with disabilities in accordance with the following:

Disability Standards for Accessible Public Transport 2002 - subsection 31(1) of the

Disability Discrimination Act 1992; AS1428.1 – Design for Access and Mobility; and AS2890.6 – Parking Facilities, Part 6: Off-street parking for people with disabilities.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2386 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2386 14 December 2017 Report

2.7.1.2 Environmental Health

Waste Management A plan details waste management arrangements where bins will be stored in an enclosure and serviced at the loading dock. Compactus will be provided at the loading dock. As a consequence the recommendations of this report include a condition that the development be undertaken in accordance with the plan.

Lighting It is recommended that conditions are included to ensure suitable lighting is installed.

2.7.2 Referral Agencies

2.7.2.1 Concurrence Agencies - Department of Infrastructure, Local Government and

Planning The application was referred to the Department of Infrastructure, Local Government and Planning (DILGP) for the following:

(a) Matters relating to Development Impacting on State Transport Infrastructure. Council

was advised on 19 July 2017 that DILGP has no objection to the development application subject to a number of advices being attached to Council’s Decision Notice.

2.7.2.2 Advice Agencies There were no Advice Agencies involved in assessing this application.

2.7.2.3 Third Party Agencies There were no Third Party Agencies involved in assessing this application.

2.8 Public Consultation

2.8.1 Public Notification Requirements under the Development Assessment Rules

The development application is Code Assessable and accordingly there are no public notification requirements associated with the proposal.

2.9 Other Matters

None identified. 3. Strategic Implications 3.1 Legislative/Legal Implications

The applicant has appeal rights in accordance with the Sustainable Planning Act 2016. 3.2 Corporate Plan / Operational Plan

Creating Opportunities: Well-planned growth - a sustainable and well-planned community.

3.3 Policy Implications The proposal is consistent with the existing Mango Hill Infrastructure Development Control Plan planning provisions and relevant policies.

3.4 Risk Management Implications

Development occurs efficiently and effectively in the region in a manner that reduces potential risk implications to Council and the community.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2387 14 December 2017 Report ITEM 2.2 MATERIAL CHANGE OF USE - DEVELOPMENT PERMIT FOR CATERING PREMISES, COMMERCIAL SERVICES, CONVENTION CENTRE, HOTEL, INDOOR RECREATION, LICENSED CLUB, OCCASIONAL MARKET, OFFICE, RESTAURANT, AND SHOP <300M2 - LOCATED AT 28-40 NORTH LAKES DRIVE, 10 THE CORSO & - A16244601 (Cont.)

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3.5 Delegated Authority Implications

There are no delegated authority implications arising as a direct result of this report. 3.6 Financial Implications

In the event that an appeal is made to the Planning & Environment court against Council’s decision, the Council will incur additional costs in defending its position.

3.7 Economic Benefit

Appropriate development supports the growing Moreton Bay region. 3.8 Environmental Implications

New development contributes to sustainable management and protection of the natural environment in the region through compliance with the Mango Hill Infrastructure Development Control Plan policies and provisions.

3.9 Social Implications

Appropriately designed and located development contributes to diverse, vibrant and safe communities and facilities

3.10 Consultation / Communication Refer to clause 2.7.

ATTENDANCE Mr Blayne Magner left the meeting at 9.39am after Item 2.2. Mr Glenn Hammill attended the meeting at 9.40am for discussion on Item 2.3.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2388 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2388 14 December 2017 Report

ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 APPLICANT: FAIRLAND GROUP PTY LTD C/- LAND SURVEYING DYNAMICS OWNER: FAIRLAND GROUP PTY LYD, MR JOSE AND MRS JACQUELINE CABRERA,

LANDSA PTY LTD, MSP PROPERTY HOLDINGS PTY LTD Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A16303159 : 14 December 2017 – Refer Supporting Information A16303098

& A16316687 Responsible Officer: GH, Principal Development Planner (PED, Development Services) Executive Summary

APPLICATION DETAILS Applicant: Fairland Group Pty Ltd C/- Land Surveying Dynamics Lodgement Date: 3 May 2017 Properly Made Date: 9 May 2017 Information Request Date: 5 June 2017 Info Response Received Date: 1 November 2017 Decision Due Date 4 January 2018 No. of Submissions: N/A PROPERTY DETAILS Division: 12 Property Address: 15-31 Clark Road and 32-60 Robbs Road, MORAYFIELD

QLD 4506 RP Description Lot 21 RP 176393, Lot 22 RP 176393, Lot 23 RP 176393,

Lot 24 RP 176393, Lot 29 RP 182709, Lot 30 RP 182709, Lot 31 RP 182709, Lot 32 RP 182709, Lot 33 RP 182709

Land Area: 19.816ha (development footprint 10.912ha) Property Owner Mrs Jacqueline Cabrera and Mr Jose M Cabrera and

Landsa Pty Ltd and Fairland Group Pty Ltd and MSP Property Holdings Pty Ltd

STATUTORY DETAILS Planning Legislation: Sustainable Planning Act 2009 Planning Scheme: Moreton Bay Regional Council Planning Scheme (Version

2 - adopted 20 June 2016) Planning Locality / Zone Emerging community zone, Transition precinct Level of Assessment: Code Assessment

This application seeks approval for a Reconfiguring a Lot - Development for Subdivision (9 into 182 lots, new road, detention basin and 5 balance lots) in 8 stages, located at 15-31 Clark Road and 32-60 Robbs Road, Morayfield on land described as Lot 21 RP 176393, Lot 22 RP 176393, Lot 23 RP 176393, Lot 24 RP 176393, Lot 29 RP 182709, Lot 30 RP 182709, Lot 31 RP 182709, Lot 32 RP 182709, Lot 33 RP 182709.

Page 108: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2389 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2389 14 December 2017 Report

The site is included within the Urban footprint under the South East Queensland Regional Plan and within the Emerging community zone, Transition precinct under the Planning Scheme. The site has an area of 19.816ha (proposed development footprint - 10.912ha). The proposed Reconfiguring a Lot application is subject to Code Assessment within the Emerging community zone, Transition precinct. The application conflicts with the purpose of the relevant codes of the Planning Scheme and the Strategic Framework and is recommended to be refused. COMMITTEE RECOMMENDATION

Moved by Cr Matt Constance Seconded by Cr James Houghton CARRIED 12/1 Cr Adrian Raedel voted against Committee’s Recommendation

A. That Council, in accordance with the Sustainable Planning Act 2009, refuses the development

application for Reconfiguring a Lot - Development for Subdivision (9 into 182 lots, new road, detention basin and 5 balance lots) in 8 stages, located at 15-31 Clark Road and 32-60 Robbs Road, Morayfield on land described as Lots Lot 21 RP 176393, Lot 22 RP 176393, Lot 23 RP 176393, Lot 24 RP 176393, Lot 29 RP 182709, Lot 30 RP 182709, Lot 31 RP 182709, Lot 32 RP 182709, Lot 33 RP 182709 for the following reasons of refusal.

Reasons for Refusal 1. The proposed development conflicts with the following aspects of the Moreton Bay

Regional Council Planning Scheme: • Strategic Framework - 3.13.2.4.1 - Element - Caboolture Planning Area - Land

Use Strategy • Strategic Framework - 3.13.2.4 Element - Caboolture Planning Area - Settlement

Pattern • 9.4.1.2 Purpose of the Reconfiguring a Lot Code • 9.4.1.3.2.1(2)(b) - Purpose of the Reconfiguring a lot code, Transition precinct • 6.2.3.2 (1)(a)(b)(c) - Purpose of the Emerging community zone • 6.2.3.2 (2)(b) - Purpose of the Emerging community zone • 6.2.3.2.2.1 - Purpose of the Emerging community zone, Transition precinct,

Developed lot. • Performance Outcome PO3 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO4 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO5 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO9 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO16 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO33 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO34 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO35 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct.

Page 109: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2390 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2390 14 December 2017 Report

2. The proposal is inconsistent with the proposed amendments to the Moreton Bay

Regional Council Planning Scheme (as publicly notified between 21 August 2017 and 6 October 2017) and makes more difficult the form of land use and infrastructure planning for the Morayfield South growth area.

B. That the following information be included in the Decision Notice:

Decision Notice information

Details to Insert Application Type Reconfiguring a Lot - Development for Subdivision (9 into 182

lots, new road, detention basin and 5 balance lots) in 8 stages Relevant Period of Approval

Not Applicable - Refusal

IDAS Referral Agencies There are no Referral Agencies Submissions Not applicable

Page 110: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2391 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2391 14 December 2017 Report

OFFICER’S RECOMMENDATION A. That Council, in accordance with the Sustainable Planning Act 2009, refuses the development

application for Reconfiguring a Lot - Development for Subdivision (9 into 182 lots, new road, detention basin and 5 balance lots) in 8 stages, located at 15-31 Clark Road and 32-60 Robbs Road, Morayfield on land described as Lots Lot 21 RP 176393, Lot 22 RP 176393, Lot 23 RP 176393, Lot 24 RP 176393, Lot 29 RP 182709, Lot 30 RP 182709, Lot 31 RP 182709, Lot 32 RP 182709, Lot 33 RP 182709 for the following reasons of refusal.

Reasons for Refusal 1. The proposed development conflicts with the following aspects of the Moreton Bay

Regional Council Planning Scheme: • Strategic Framework - 3.13.2.4.1 - Element - Caboolture Planning Area - Land

Use Strategy • Strategic Framework - 3.13.2.4 Element - Caboolture Planning Area - Settlement

Pattern • 9.4.1.2 Purpose of the Reconfiguring a Lot Code • 9.4.1.3.2.1(2)(b) - Purpose of the Reconfiguring a lot code, Transition precinct • 6.2.3.2 (1)(a)(b)(c) - Purpose of the Emerging community zone • 6.2.3.2 (2)(b) - Purpose of the Emerging community zone • 6.2.3.2.2.1 - Purpose of the Emerging community zone, Transition precinct,

Developed lot. • Performance Outcome PO3 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO4 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO5 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO9 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO16 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO33 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO34 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct. • Performance Outcome PO35 of the Reconfiguring a lot code, Emerging

community zone, Transition precinct.

2. The proposal is inconsistent with the proposed amendments to the Moreton Bay Regional Council Planning Scheme (as publicly notified between 21 August 2017 and 6 October 2017) and makes more difficult the form of land use and infrastructure planning for the Morayfield South growth area.

Page 111: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2392 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2392 14 December 2017 Report

B. That the following information be included in the Decision Notice.

Decision Notice information

Details to Insert Application Type Reconfiguring a Lot - Development for Subdivision (9 into 182

lots, new road, detention basin and 5 balance lots) in 8 stages Relevant Period of Approval

Not Applicable - Refusal

IDAS Referral Agencies There are no Referral Agencies Submissions Not applicable.

REPORT DETAIL 1. Background On 25 January 2016, an initial prelodgement meeting (PRE/3172) was held to discuss a proposal for preliminary Approval to vary the Effect of a Local Planning Instrument (Caboolture ShirePlan) to allow residential uses. Subsequent prelodgement meetings were held with the applicant after the commencement of the Moreton Bay Regional Council Planning Scheme (1 February 2016) to discuss a proposal for Reconfiguring a Lot under the Moreton Bay Regional Council Planning Scheme. The applicant was advised that: o limited infrastructure network planning has been done for this area; o it is not within the priority infrastructure area (PIA); o it is not serviced by all local government networks including water and sewer; o while identified for urban development in the future, infrastructure constraint issues need to be

resolved before this area is included in the General residential zone. Development of these areas prior to their inclusion in the General residential zone would be subject to bring forward costs and would not be subject to any infrastructure offsets;

o Further integrated land use and infrastructure planning will be undertaken in the Morayfield South area prior to its inclusion in the urban corridor. This further planning work will determine how the area can be developed efficiently to create a cohesive and sustainable urban community.

o The Emerging Community areas are located outside of the Priority Infrastructure Area (PIA). The development of these areas at this time is inconsistent with the planning assumptions used to support the Local Government Infrastructure Plan (LGIP). Limited trunk infrastructure planning has been prepared for these areas and no trunk infrastructure has been identified within the LGIP infrastructure schedules that are designed to support development of the Emerging Community areas outside the PIA.

o The applicant is required to demonstrate how the proposed development will be creating developed lots (a ‘developed lot’ is defined in the planning scheme as - a lot that is provided with infrastructure and services (including reticulated water and sewer, stormwater, dedicated roads and electricity) of a standard and capacity required for the proposed development).

The applicant was also advised, that should the applicant wish to proceed prior to Council undertaking this necessary infrastructure work, Council is willing to work cooperatively with applicants in this respect, however the necessary detailed planning will be required to be provided by the applicant. As a way forward it was suggested that the applicant participates in the major project prelodgement meeting process where Council will work with the applicant through the ‘MBRC and Unitywater Emerging community- Structure planning process’ for development of this area. Details of this Structure planning process were provided to the applicant.

Page 112: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2393 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2393 14 December 2017 Report

On 28 January 2016, an application for Operational Works - Development Permit for Vegetation Clearing was lodged over fourteen (14) allotments located along Hauton Road, Clark Road and Robbs Road, Morayfield (DA/31306/2016/V4C). The proposal was made under the provisions of the Caboolture ShirePlan (now superseded). The proposal sought to clear all existing vegetation over the fourteen (14) properties, with the intent to ‘facilitate and assist urban development pre-planning process’. On 3 July 2017, Council’s delegate refused the application on the following grounds: 1. The applicant has not complied and cannot be conditioned to comply sufficiently with the Catchment

Protection Overlay Code Specific Outcomes SO1, SO2, SO4, SO5, SO8, SO9 and SO10. 2. The applicant has not complied and cannot be conditioned to comply sufficiently with the Nature

Conservation Overlay Code specific outcomes SO1, SO2, SO3, SO4, and SO5. 3. The applicant has not complied sufficiently with the Overall Outcomes for the Catchment Protection

Overlay Code or the Nature Conservation Overlay Code. 4. There are not sufficient grounds to warrant approval of the proposal despite the conflict. 5. The proposal does not comply with the State Planning Policy in respect to the State Interest of

Biodiversity. 6. The applicant has not provided sufficient documentation for Council to complete a thorough

assessment of the vegetation clearing works proposed. On 31 July 2017 the applicant lodged an appeal against Council’s decision to refuse the application (Planning and Environment Court Appeal No. 2813 of 2017). This appeal was initially put in abeyance by the applicant, however only recently has been re-instigated and is due to proceed in early 2018. 2. Explanation of Item 2.1 Proposal Details It is proposed to reconfigure the existing nine (9) lots into 182 urban residential lots (developed lots) in eight (8) stages, as follows:

Stage Number of

Residential Lots Stage Area Length of new

road 1 37 3.146ha 906m 1A 7 0.108ha - 1B 7 0.107ha - 2 35 1.848ha 289m 3 18 1.044ha 201m 4 18 1.287ha 362m 5 26 1.373ha 221m 6 34 1.999ha 395m Total 182 10.912ha 2374m

The proposal also seeks to create five (5) balance lots within Stage 6 of the development, having a combined area of 8.906ha (proposed Lots 929-933). The proposed residential lots range in land area from 143m2 to 535m2. The overall net residential density of proposed development is 16.67 lots per hectare (excluding balance areas). The planning scheme identifies two density targets over the land, as follows: (a) For land within the mapped ‘Morayfield South Urban Area’ as shown on Figure 9.4.1.3.2.1 of planning

scheme, development does not compromise the areas ability to achieve a minimum site density of 45 dwellings per hectare; and

(b) For all other land, development achieves a minimum net residential density of 11 lots per hectare, whilst not exceeding 25 lots per hectare, maintaining a diverse medium density neighbourhood character.

Page 113: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2394 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2394 14 December 2017 Report

Approximately 2.5Ha of the site is included within the ‘Morayfield South Urban area’ as shown on Figure 9.4.1.3.2.1. The application proposes thirty (30) residential lots within the ‘Morayfield South Urban Area’, resulting in a density of approximately 12 lots per hectare. The proposed reconfiguring a lot would compromise the achievement of the required density target of 45 dwellings per hectare within this area (refer section 2.4 for further discussion). For all other land, the application proposes a net residential density of approximately 18 lots per hectare, consistent with the density targets sought by the planning scheme, being between 11 and 25 lots per hectare. The application proposes a mix of five (5) lot types throughout the development as follows:

Lot Type (frontage width) Number Percentage Type A (7.5m) 5 2.7% Type B (>7.5m -10m) 27 14.9% Type C (>10-12.5m) 69 37.9% Type D (>12.5-18m) 76 41.8% Type E (>18-32m) 5 2.7%

The application proposes an insufficient variety of residential lot sizes and frontage widths as contemplated for a diverse medium density neighbourhood, as identified by the planning scheme. The application proposes a majority of Lots with frontage widths of 12.5m or greater (approximately 77% of all lots) and an insufficient mix of Lot types to accommodate future medium density residential uses, including terrace house (Lot Type A) and multiple dwellings (Lot Type E) (refer section 2.4 for further discussion). The applicant has provided a Plan of Development for all lots with a frontage width of less than 12.5m, showing mandatory built to boundary wall and driveway locations. The submitted Plan of Development has not demonstrated that group construction achieves an integrated streetscape solution as contemplated by the planning scheme (refer section 2.4 for further discussion). Access to the development is proposed via two new roads, forming new intersections with Clark Road. These two (2) new roads are proposed as local collector roads, however the eastern most road does not conform to the typology of a Local Collector Road, as included within Planning Scheme Policy PSP - Integrated design. The development is also serviced via several internal access streets and laneways that typically form a rectilinear grid layout. The application also proposes to dedicate additional road reserve width along Clarke Road (3.342m), to facilitate Clarke Road being a District Collector Road (ultimate road reserve width of 26.8m). This dedication is inconsistent with the road typology identified on Overlay map - Road hierarchy which nominates Clark Road as a Council Sub-Arterial road with an ultimate road reserve width of 31m. The application has not sufficiently demonstrated that proposed typologies, forms and function comply with the Planning Scheme Policy - Integrated Design (refer section 2.4 for further discussion). The proposal does not seek to dedicate any public park land to service to the proposed residential neighbourhood. The site adjoins Lindsay Road Sportsground to the east however this sportsground does not provide the role and function of Local Recreation Park and does not meet the desired standards of service, as outlined within Planning Scheme Policy - Integrated design, to service a residential neighbourhood (refer section 2.4 for further discussion).

2.1.2 Emerging community zone, Transition precinct The Emerging community zone covers areas throughout the Moreton Bay Region that are not currently recognised or developed as urban environments, but may be suitable for future urban uses over the next 10 to 20 years. As identified within the Strategic Framework of the Moreton Bay Regional Council Planning Scheme, further integrated land use and infrastructure planning will be undertaken in the Morayfield South area. This further planning work will determine how the area can be developed efficiently to create a cohesive and sustainable urban community. Presently, this work has not been undertaken by Council.

Page 114: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2395 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2395 14 December 2017 Report

The purpose of the Emerging community zone, Transition precinct is to: (a) identify land that is suitable for urban purposes and conserve land that may be suitable for

urban development in the future; (b) manage the timely conversion of non-urban land to urban purposes; (c) prevent or discourage development that is likely to compromise appropriate longer term land

use; (d) provide mechanisms to promote and implement an appropriate mix of dwelling types,

consistent with a Next Generation Neighbourhood across the Transition Precinct once this land is developed and serviced with all local government networks including water and sewer and is suitable for urban development.

Accordingly, for each Emerging Community area, whole of catchment infrastructure solutions are required for the five networks (Water, Sewerage, Transport, Stormwater and Community Infrastructure). The Emerging Community areas are located outside of the Priority Infrastructure Area (PIA). The development of these areas at this time is inconsistent with the planning assumptions used to support the Local Government Infrastructure Plan (LGIP). Limited trunk infrastructure planning has been prepared for these areas and no trunk infrastructure has been identified within the LGIP infrastructure schedules that is designed to support development of the Emerging Community areas outside the PIA.

2.1.3 Progress of MBRC Structure Planning/Applicant Proposed Structure Planning

Council has commenced structure planning for the Morayfield South emerging community area and this work is on-going. The applicant has undertaken their own structure plan for the Morayfield South emerging community area. The applicant’s structure plan assumes the following developable area for the emerging community area:

Next Generation neighbourhood

Coast and Riverlands

Urban Neighbourhood

Open Space

Local Centre

Total

Total Area (m2)

7,183,808 742,903 971,053 186,722 20,051 9,104,537

Constrained Area (m2)

2,175,498 717,711 250,001 162,085 5,376 3,310,671

Developable Area (m2)

5,008,310 25,192 721,052 24,637 14,675 5,793,866

The applicant’s structure plan is also based on the following density assumptions:

Place Type (MBRC Strategic Framework)

Net Density (du/ha)

Notes

Coast and riverlands 0 Area of constraint Urban neighbourhood 35 Assumed low end of yield -

conservative Next generation neighbourhood

20 Assumed average of Next generation density (15-25 lots/hectare)

Open space 0 Area of constraint Local centre 0 8,000m2 GFA on a 2ha parcel

The applicant’s structure plan assumes, that an ultimate dwelling yield of 12,540 dwelling would be achieved, based on the following density scenarios.

Page 115: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2396 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2396 14 December 2017 Report

Density Type Land Use

Scenario (du/ha) Notes

Gross density 13.77 Total dwellings within structure plan area Nett density 21.64 Total dwellings within developable area of

structure plan area Site density 30.92 Total dwellings over 70% of developable

area (excluding land for roads and other services).

The structure plan also includes an analysis of environmental, infrastructure and flooding constraints within the emerging community area and proposes plans for trunk infrastructure for: • Road hierarchy; • Future intersections; • Open space; • Stormwater; and • Environmental corridors. The applicant has provided costings for the provision of trunk infrastructure within the structure plan area, by utilising the land valuation methodologies as contained within Council’s Charges Resolution Implementation Policy No. 6. Based, on the above-mentioned assumption of an overall yield 12,540 dwellings within the structure plan area, the applicant has identified the cost of providing trunk infrastructure within the structure plan area as follows:

Network Relevant

catchment Future Demand Yield (Dwelling)

Total Infrastructure Costs ($)

Cost per Unit Demand (Dwelling)

Stormwater Gympie Creek Sub-Catchment

5,927 $9,140,797.00 $1,542.00

Transport Morayfield South Study Area

12,540 $103,308,092.00 $8,238.00

Parks Morayfield South Study Area

12,540 $14,244,720.00 $1,136.00

Environmental Corridors

Gympie Creek Sub-Catchment

5,927 $3,555,250.00 $ 600.00

Total $130,248,859.00 $11,516.00

District and Regional Parks Charge

$ 3,742.00

Total MBRC Charge (assumed)

$15,259.00

Council, utilising material provided by this applicant and others throughout the structure plan area have completed the first draft of the infrastructure cost framework for the Morayfield South Structure Plan Area. This cost assessment is based on cost estimates to provide the actual infrastructure required to service the growth front, over the life of the growth front (30 years), pro-rata for the percentage impact the growth front will have on the infrastructure required.

Page 116: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2397 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2397 14 December 2017 Report

Given Council has not finalised structure planning work, and there is a significant difference in the land use outcome and cost estimates between the work undertaken in isolation by the applicant and the current status of work being undertaken by Council, it is considered premature to adopt a third-party structure plan. In the absence of finalised land use and infrastructure planning and the preparation and adoption of a planning instrument for the Morayfield South Emerging Community Area, Council have not determined that the provision of infrastructure can be provided efficiently and cost-effectively to the Morayfield South Structure Plan Area.

2.2 Description of the Site and Surrounds

Directions Planning Scheme Zone Current Land Use North Emerging community zone Dwelling houses on rural residential lots South Emerging community zone Dwelling houses on rural residential lots East Recreation and open

space Lindsay Road Sports Grounds

West Emerging community zone Dwelling houses on rural residential lots 2.3 State Planning Instrument Assessment

2.3.1 State Planning Regulatory Provisions (SPRPs) An assessment against each of the State Planning Regulatory Provisions is set out as follows:

Name Designation Applicable Requirements State Planning Regulatory Provision (Adopted Charges)

None Not applicable to Development Assessment however the SPRP has informed the Council’s Adopted Infrastructure Charges Resolution, and this is discussed in section 5 of this report.

State Planning Regulatory Provisions (Adult Stores)

None The development proposal is not for an Adult Store and therefore the State Planning Regulatory Provisions do not apply.

South East Queensland Koala Conservation State Planning Regulatory Provisions

None

The development proposal is not located in a Priority Koala Assessable Development Area or Koala Assessable Development Area and therefore the State Planning Regulatory Provisions do not apply.

Southeast Queensland Regional Plan 2009-2031 (SEQRP) State Planning Regulatory Provisions - May 2014 Version

Urban Footprint

The development proposal is for an urban activity in the Urban Footprint, and there are no requirements in the State Planning Regulatory Provisions applicable to the development proposal.

Page 117: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2398 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2398 14 December 2017 Report

2.3.2 State Planning Policy

On 16 November 2015, notification was given to Council that all State Interests had been integrated into the Moreton Bay Regional Council Planning Scheme with the exception of the State Interest - natural hazards, risk and resilience (coastal hazards - erosion prone areas). Accordingly, the interim development assessment requirements set out within the State Planning Policy (SPP) for coastal hazards - erosion prone areas is to be applied by Council in the assessment of development applications until this State Interest has been appropriately integrated into Council’s planning scheme. Assessment against the SPP for this one State Interest is as follows:

State interest - Natural Hazards Applicable to Development SPP Requirement Comment

Yes

No

None Not applicable

2.3.3 South East Queensland Regional Plan

The site is located in the Urban Footprint. The development proposal is for an urban activity in the Urban Footprint, and there are no requirements in the State Planning Regulatory Provisions applicable to the development proposal.

2.4 Local Planning Instrument Assessment – Moreton Bay Regional Council Planning Scheme

The application was properly made 9 May 2017 and is accordingly assessed in accordance with the Moreton Bay Regional Council Planning Scheme (Version 2 - adopted 20 June 2016). An assessment against the relevant parts of the planning scheme is set out below.

2.4.1 Strategic Framework

In accordance with section 1.7.2 (2) of the planning scheme, development requiring code assessment may be assessed against the Strategic Framework to the extent relevant where compliance is not achieved with the overall outcomes of the applicable codes.

The applicable Strategic Outcomes under the Themes for the planning scheme are discussed as follows:

Strategic Outcome Complies Assessment

3.13.2 Element - Caboolture Planning Area, 3.13.2.1 Specific Outcomes 3.13.2.4.1 Land use strategy Further investigation and planning of these areas is required to coordinate and integrate land use and infrastructure in the context of the outcomes Council is seeking to achieve in the Caboolture planning area.

No Map 3.13.2 Caboolture planning area – shows the subject site as being predominantly within the Next generation neighbourhood Place and also partly within the Urban neighbourhood and Coast and Riverlands Place types. The investigation and planning of the subject site and surrounding areas for a Next generation neighbourhood has not been undertaken, or adopted by Council.

Page 118: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2399 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2399 14 December 2017 Report

Strategic Outcome Complies Assessment

The development application provides further information that supports the structure planning work that is underway, but does not constitute completion of the planning or the preparation of a planning instrument with appropriate Council consideration, State Government Interest review and public notification. The information submitted as part of the development application has not adequately addressed the infrastructure deficiencies necessary for development of the Morayfield South growth area for urban purposes.

3.13.2.4. Specific Outcomes – Settlement Pattern 8. The rural residential area at Morayfield South has been identified as a potential future urban growth front. The key strength of this area lies in its location proximate to the higher order activity centres at Caboolture and Morayfield and regional transport connections including the Bruce Highway and North Coast Rail Line. Despite this, the lack of urban infrastructure, presence of potentially significant environmental values and fragmented land pattern will constrain the ability to provide serviced urban land, other than for a small area, in the northern portion of the area. Given the existing constraints, other development fronts in the Region and the large size of the growth area, all of the area is not anticipated to be required for urban development prior to 2031. The majority of the area is likely to remain largely rural residential in nature until the area can be developed in an efficient and cohesive manner. 3.13.2.4.5 Land use strategy a. The emerging community of

Morayfield South will provide for land to be available for urban development during the life of the planning scheme. Limited infrastructure network planning has been done for the identified area and it will not be included within the priority infrastructure area. It is not

No The development proposal involves the creation of developed lots for a next generation neighbourhood and as such is premature, where the necessary land use and infrastructure planning has not been completed to support the creation of a next generation neighbourhood. The information submitted as part of the development application has not adequately addressed the infrastructure deficiencies necessary for the development of the Morayfield South growth area for urban purposes. Planning Scheme amendments have been prepared which facilitate the integrated and coordinated land use and infrastructure planning of the Morayfield South growth area which is shown as a Future Structure Plan Area on the proposed Structure Plan Area Overlay map. The Planning Scheme amendments have completed public notification and Council has commenced the Structure Planning work for land uses and infrastructure planning for the Morayfield South growth area in anticipation of the commencement of the Planning Scheme amendments. The proposed development would make more difficult the ultimate decision as to the form of the Planning Scheme amendments and the related land use and infrastructure planning for the Morayfield South growth area.

Page 119: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2400 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2400 14 December 2017 Report

Strategic Outcome Complies Assessment

serviced by all local government networks including water and sewerage.

b. Development of the identified area will be subject to bring forward costs and will not be subject to any infrastructure offsets.

c. Interim development in this area does not fragment, pre-empt or compromise the potential development of rural residential areas for urban purposes beyond the life of the planning scheme.

d. Further integrated land use and infrastructure planning will be undertaken in the Morayfield South area. This further planning work will determine how the area can be developed efficiently to create a cohesive and sustainable urban community. 2.4.2 Assessment of Applicable Codes

Code Compliance Summary The assessment below identifies how the development proposal complies (subject to the application of any recommended conditions of approval) with the applicable codes and where the development proposal; (a) proposes an alternative outcome to an Acceptable Outcome, satisfying or not satisfying

the corresponding Performance Outcome; and (b) proposes an outcome where no Acceptable Outcome is stated in the code and the

proposed Outcome does not satisfy the corresponding Performance Outcome.

Applicable Codes Compliance with

Overall Outcomes

Performance Outcomes assessment is required

Development Codes

Reconfiguring a lot code, Emerging community zone code

Yes No

PO3, PO4, PO5, PO9, PO16, PO33, PO34, PO35

Overlay Codes Flood hazard overlay code

Yes No

N/A

The assessment of the development proposal against the Performance Outcomes of the applicable code(s) is discussed below in section 2.3.3.

Page 120: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2401 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2401 14 December 2017 Report

2.4.3 Performance Outcome Assessment

Performance Outcome Acceptable Outcome

Reconfiguring a lot code, Emerging community zone, Transition precinct PO3 Reconfiguring of a lot: a. for land within the Morayfield South

urban area identified on ‘Figure 9.4.1.3.2.1 Morayfield South urban area’, development does not compromise future developments ability to achieve a minimum residential density of 45 dwellings per hectare to ensure efficient use of the land and infrastructure which facilitates feasible public transport patronage and creates a diverse medium density neighbourhood character; or

b. for all other land, development achieves a minimum net residential density of 11 lots per hectare, whilst not exceeding 25 lots per hectare, maintaining a diverse medium density neighbourhood character.

No acceptable outcome provided.

Performance Outcome Assessment

Approximately 2.5 hectares of the development site is within the ‘Morayfield south urban area’. The proposal seeks to develop this part of their site at a density of approximately 12 lots per hectare. The development application does not provide for Lot types that would facilitate future medium to high density development, being Lot Type A (attached housing) and Lot Type F (multiple dwellings) within the identified ‘Morayfield South urban area’. For areas outside the identified Morayfield south urban area, the proposal would achieve a net residential density of between 11 to 25 lots per hectare, however the development proposal provides an insufficient diversity of lot types to achieve the medium density character intended for the precinct. The development proposal includes 77% of Lot types having a frontage width of 12.5m or greater which is not reflective of the intended diverse medium density neighbourhood character. The development application does not comply with Performance Outcome PO3 as the proposed development has the potential to compromise the ability of the identified Morayfield South urban area to achieve a minimum 45 dwellings per hectare, to ensure efficient use of the land and infrastructure which facilitates feasible public transport patronage, and proposes an insufficient diversity of Lot types that would not reflect the diverse medium density character precinct as contemplated by the Planning Scheme. As the development proposal cannot comply with the Performance Outcome, an assessment against the Purpose and Overall outcomes of the Reconfiguring a lot code, Emerging community zone, Transition precinct is required.

Page 121: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2402 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2402 14 December 2017 Report

Performance Outcome Acceptable Outcome PO4 Lots have an area, shape and dimension sufficient to ensure they can accommodate:

a. a Dwelling house including all domestic outbuildings and possible on site servicing requirements (e.g. on-site waste disposal);

b. areas for car parking, vehicular access and manoeuvring;

c. areas for useable and practical private open space.

AO4.2 For all other areas, lot sizes and dimensions (excluding any access handles) comply with Lot Types A, B, C, D, E or F in accordance with ‘Table 9.4.1.3.2.3: Lot Types’: Lot Types.

Performance Outcome Assessment

The development application proposes an alternative solution of providing a Lot Type which does not conform to the Lot sizes and dimension as identified within Table 9.4.1.3.2.3: Lot types. The development proposal involves fourteen (14) lots (Lots 69-74 and Lot 98-104) which are a non-conforming Lot Type B (typically 143m2 in area, frontage width of 8.3m and depth of 17.2m). Table 9.4.1.3.2.3 suggests a Lot Type B (frontage width >7.5m to 10m) should have a depth of between 25-35m. Proposed Lots 69-74 and 98-104 are proposed to have a lot depth 17.2m. It has not been demonstrated that lots 69-74 and 98-104 have an area, shape and dimension to ensure they can accommodate a Dwelling house including all domestic outbuildings, areas for car parking, vehicular access and manoeuvring and areas of private open space. Accordingly, the development proposal does not comply with Performance Outcome PO4 and an assessment against the Purpose and Overall outcomes of the Reconfiguring a lot code, Emerging community zone, Transition precinct is required. PO5 Reconfiguring a lot provides for a variety of housing options, by way of a mix of lot sizes and dimensions consistent with the density and character of the precinct, whilst facilitating delivery of diversity within the streetscape.

AO5.1 For land within the Morayfield South urban area identified on ‘Figure 9.4.1.3.2.1 Morayfield South urban area’, lot sizes comply with Lot Types A or E in accordance with ‘Table 9.4.1.3.2.3: Lot Types’ - Lot Types. AO5.3 For reconfiguring a lot which creates in excess of 20 new lots, the following minimum percentages of lot types in accordance with ‘Table 9.4.1.3.2.3: Lot Types’ apply: • Lot Type A - 10% of new lots and Lot

Type F - 5% of new lots; or • Lot Type A - 15% of new lots and Lot

Type F - 2% of new lots; or • Lot Type A - 15% of new lots and Lot

Type B - 15% of new lots.

Performance Outcome Assessment

Page 122: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2403 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2403 14 December 2017 Report

Performance Outcome Acceptable Outcome The development application identifies an alternative solution against Acceptable Outcome AO5.1 by proposing Lot Types B, C, D and E within the identified Morayfield South urban area. For the part of the development proposal that is within the identified Morayfield South urban area, the development proposal does not include Lot Type A or E. The development application also includes an alternative solution to the mix of Lot types suggested within Acceptable Outcome AO5.3. The development proposal includes the following mix of Lot Types A, B (including non-conforming Lot Type B) and F throughout the proposed development:

• Lot Type A - 2.7% • Lot Type B (including non-conforming Lot Type B) - 14.9% • Lot Type F - 0%

The development application does not comply with Performance Outcome PO5 as the development proposal does not provide for a sufficient variety of housing options, by way of a mix of lot sizes and dimensions proposed. The development proposal includes insufficient diversity of lot types, particularly Lot types that facilitate a medium to high density neighbourhood character through attached house products including terrace houses (Lot Type A) and Multiple dwellings (Lot Type F). The proposed development includes a majority of lots with a frontage width of 12.5m or greater (approximately 77% of Lot types) which is not reflective of the diversity, density and character of next generation and urban neighbourhood precincts, as contemplated by the Planning Scheme. As the development proposal does not comply with the Performance Outcome, an assessment against the Purpose and Overall outcomes of the Reconfiguring a lot code, Emerging community zone, Transition precinct is required. PO9 Group construction and integrated streetscape solutions are encouraged through the location and grouping of lots suitable for terrace and row housing

AO9 .1 Any lot sharing a boundary with a Lot Type A must contain a mandatory built to boundary wall on the shared boundary. AO9.2 Driveway crossovers for lots with frontages of less than 10m are paired up to facilitate on-street parking. Note - Driveway locations for lots with frontages of 8.5 metres or less are to be shown on a plan of development in accordance with Planning Scheme Policy - Residential Design.

Performance Outcome Assessment

The development application includes a Plan of Development for Lots with frontages <12.5m that nominates built to boundary wall and driveway location. The development application identifies an alternative solution against Acceptable Outcome AO9.1 as the Plan of Development does not show a mandatory built to boundary wall adjoining a Lot Type A (Lot 23), resulting in a poor amenity outcome for the adjoining lot (Lot 24).

Page 123: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2404 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2404 14 December 2017 Report

Performance Outcome Acceptable Outcome The development application also includes an alternative solution against Acceptable Outcome AO9.2 as the Plan of Development does not show driveway locations for narrow lots paired up. The Plan of Development would result in a dominance of driveway crossovers, conflicts for pedestrian movements and loss of opportunity for on-street car parking. The development proposal does not comply with Performance Outcome PO9 as it has not been demonstrated that group construction and integrated streetscape solutions are delivered or that lots suitable for terrace housing are appropriately grouped. Accordingly, an assessment against the Purpose and Overall outcomes of the Reconfiguring a lot code, Emerging community zone, Transition precinct is required. PO16 Street layouts are designed to connect to surrounding neighbourhoods by providing an interconnected street, pedestrian and cyclist networks that connects nearby centres, neighbourhood hubs, community facilities, public transport nodes and open space to residential areas for access and emergency management purposes. The layout ensures that new development is provided with multiple points of access. The timing of transport works ensures that multiple points of access are provided during early stages of a development.

No acceptable outcome provided.

PO29 Upgrade works (whether trunk or non-trunk) are provided where necessary to: a. ensure the type or volume of traffic

generated by the development does not have a negative impact on the external road network;

b. ensure the orderly and efficient continuation of the active transport network;

c. ensure the site frontage is constructed to a suitable urban standard generally in accordance with Planning scheme policy - Integrated design.

Note - An Integrated Transport Assessment (ITA) may be required to demonstrate compliance with this performance outcome refer to Planning scheme policy - Integrated transport assessment for guidance on when an

No example provided.

Page 124: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2405 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2405 14 December 2017 Report

Performance Outcome Acceptable Outcome

ITA is required. An ITA should be prepared in accordance with Planning scheme policy - Integrated transport assessment. Note - The road network is mapped on Overlay map - Road hierarchy. Note - The primary and secondary active transport network is mapped on Overlay map - Active transport.

Note - To demonstrate compliance with c. of this performance outcome, site frontage works where in existing road reserve (non-trunk) are to be designed and constructed as follows: i. Where the street is partially

established to an urban standard, match the alignment of existing kerb and channel and provide carriageway widening and underground drainage where required; or

ii. Where the street is not established to an urban standard, prepare a design that demonstrates how the relevant features of the particular road as shown in the Planning scheme policy - Integrated Design can be achieved in the existing reserve.

Note - Refer to Planning scheme policy - Integrated design for road network and active transport network design standards.

Performance Outcome Assessment

The applicant has proposed a 3.342 m widening to Clark Road to allow for an upgrade to a District Collector (26.8 m preferred reserve width). Overlay map - Road hierarchy identifies Clark Road along the development frontage as a Council Sub-Arterial road with a preferred reserve width requirement of 31 m. As the proposal does not comply with Performance Outcome PO29 an assessment against the Purpose and Overall outcomes of the Reconfiguring a lot code, Emerging community zone, Transition precinct is required.

Performance Outcome Assessment

Page 125: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2406 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2406 14 December 2017 Report

Performance Outcome Acceptable Outcome The development application does not comply with Performance Outcome PO16 as the proposed Reconfiguring a Lot does not provide for interconnected street, pedestrian and cyclist networks that connect to the following:

• nearby centres and neighbourhood hubs; • community facilities; • public transport nodes; • areas of open space.

As the development proposal does not comply with the Performance Outcome PO16, an assessment against the Purpose and Overall outcomes of the Reconfiguring a lot code, Emerging community zone, Transition precinct is required. PO33 A hierarchy of Park(57) and open space is provided to meet the recreational needs of the community Note - To determine the extent and location of Park(57) and open space required refer to Planning scheme policy - Integrated design.

No acceptable outcome provided

Performance Outcome Assessment

The development application does not comply with Performance Outcome PO33 as the proposed development is not provided with a hierarchy of Park and open space to meet the recreational needs of the community. It is acknowledged that the subject site is located adjacent to Lindsay Road sportsground, however this existing open space area does not perform the role and function of a Local Recreation Park as identified within Planning Scheme Policy PSP - Integrated design. The development application does not propose to provide a Local Recreation Park meeting the desired standards of service as identified within Planning Scheme Policy PSP - Integrated design. The subject site is not proximate to an existing Local Recreation Park meeting the desired standards of service as identified within Planning Scheme Policy PSP - Integrated design. The subject site is located outside of the Priority Infrastructure Area and accordingly a hierarchy of Park and open space has not been identified to be provided to service the subject site in accordance with Council’s Local Government Infrastructure Plan. In the absence of a planning instrument addressing land use and infrastructure planning across the growth area, a hierarchy of Park and open space to meet the needs of users is not provided for. The development application does not comply with Performance Outcome PO33 and accordingly an assessment against the overall outcomes of the Reconfiguring a lot code, Emerging community zone, Transition precinct is required. PO34 Park(57) is to be provided within walking distance of all new residential lots. Note - To determine maximum walking distances for Park(57) types refer to Planning scheme policy - Integrated design.

No acceptable outcome provided

Page 126: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2407 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2407 14 December 2017 Report

Performance Outcome Acceptable Outcome

Performance Outcome Assessment

The development application does not comply with Performance Outcome PO34 as a Park is not provided within walking distance of all new residential lots. Planning Scheme Policy PSP- Integrated design identifies that all residential lots are to be within 400m walking distance of a Local Recreation Park, meeting the desired standards of service. The development proposal does not propose to provide a Park meeting the desired standards of service, nor are all proposed residential lots within 400m walking distance of an existing Local Recreation park meeting the Desired Standards of Service. The subject site is located outside of the Priority Infrastructure Area and accordingly Council’s Local Government Infrastructure Plan does not identify a future Local Park within the vicinity of the subject site. In the absence of a planning instrument addressing land use and infrastructure planning across the growth area, a Park provision within walking distance to all lots is not provided for. The development application does not comply with Performance Outcome PO34 and accordingly an assessment against the overall outcomes of the Reconfiguring a lot code, Emerging community zone, Transition precinct is required. PO35 Park(57) is of a size and design standard to meet the needs of the expected users Note - To determine the size and design standards for Parks(57) refer to Planning scheme policy - Integrated design.

No acceptable outcome provided

Performance Outcome Assessment

The proposed development does comply with Performance Outcome PO35 as the development proposal does not provide a Park of a size and standard to meet the needs of users. Planning Scheme Policy PSP - Integrated design identifies the desired standards of service for a Local Recreation Park. The desired standards of service for a Local Recreation Park include, but are not limited to the following:

• a minimum area of 0.5ha (100% unconstrained land); • located adjacent to a collector road or lower; • centrally located in a central, prominent, highly visible and accessible location

within the catchment it services; • embellished with small play equipment, picnic areas, pedestrian pathways and

drinking taps and the like. The proposed development does not provide a Park of a size and standard to meet the need, nor is it proximate to an existing or future identified Park that would meet the needs of the expected users. The application does not comply with Performance Outcome PO35 and accordingly an assessment against the overall outcomes of the Reconfiguring a lot code, Emerging community zone, Transition precinct is required.

Page 127: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2408 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2408 14 December 2017 Report

2.4.4 Overall Outcome Assessment The development proposal does not comply with Performance Outcome of the Reconfiguring a Lot Code, Emerging community code, Transition precinct. Therefore, the proposal is required to be assessed against the applicable Overall Outcomes of the Reconfiguring a Lot code as follows:

9.4.1.3.2. Reconfiguring a lot code, Emerging community zone, Transition precinct

Overall Outcomes Complies Y/N Comments

2.b. Reconfiguring a lot in the Emerging community zone - Transition precinct, where creating developed lots achieves the following:

i. for land within the Morayfield South urban area identified on ‘Figure 9.4.1.3.2.1 Morayfield South urban area’, reconfiguration does not compromise the areas ability to achieve a minimum site density of 45 dwellings per ha and lots of a size and dimension to accommodate medium - high density development;

ii. for land in all other areas, a variety of residential lot sizes and a net residential density of between 11-25 lots per hectare;

iii. neighbourhoods that are designed to provide well-connected, safe and convenient movement and open space networks through interconnected streets and active transport linkages that provide high levels of accessibility between residences, open space areas and places of activity;

iv. intent and purpose of the Transition precinct outcomes identified in Part 6.

No The proposed development is inconsistent with the Overall Outcome 2 b. for the following reasons: i. The subject site is located partly

in the identified Morayfield South urban area and does not achieve the minimum site density of 45 dwellings per ha and has the potential to compromise the area's ability to achieve a minimum site density of 45 dwellings per hectare. The proposed development does not propose lots of a size and dimension to accommodate medium-high density development.

ii. The proposed development does not achieve a variety of residential lot sizes as required for a Next Generation neighbourhood.

iii The proposed neighbourhood is not designed to provide a well-connected, safe and convenient open space network, as the proposed development does not provide any open space network and the existing network is not designed to accommodate a residential neighbourhood as the area is located outside the Priority Infrastructure Area.

iv. The proposed neighbourhood is not designed to provide a well-connected, safe and convenient movement network, as the proposed development does not provide linkages for active transport networks and road infrastructure of a suitable standard to existing networks or activity places.

Page 128: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2409 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2409 14 December 2017 Report

9.4.1.3.2. Reconfiguring a lot code, Emerging community zone, Transition precinct Overall Outcomes Complies

Y/N Comments

v. The proposed development does not achieve the intent and purpose of the Transition precinct outcomes identified in Part 6 (refer assessment below).

9.4.1.2. Purpose of the Reconfiguring a lot code

Overall Outcomes Complies Y/N Comments

2. The purpose of the code will be achieved through the following overall outcomes: a. Reconfiguring a lot creates a

diversity of lot sizes, dimensions and arrangements consistent with the intended densities, uses, configurations and character of the applicable zone and precinct while not adversely impacting on lawful uses, values or constraints present.

b. Reconfiguring a lot delivers the social, cultural and recreational needs of the community by ensuring: i. a range of lot sizes are delivered

to assist in affordable housing opportunities;

ii. the lots have convenient, direct and easy pedestrian and bicycle access to commercial and local employment opportunities;

iii. Accessible, publicly available open space areas located within walking distance to all residential lots in the General Residential Zone;

iv. lots allow future uses to have casual surveillance of public / communal space (such as road and open space areas), have communal meeting / recreational areas conveniently located and accessible using all modes of transport and create a sense of place commensurate with the intents for the applicable zone and precinct;

No The proposed development is inconsistent with the purpose of the Reconfiguring a Lot code as it conflicts with the overall outcomes of the Code. The proposed development is inconsistent with Overall Outcome 2.a. as the reconfiguring does not create a diversity of lot sizes, dimensions and arrangements consistent with the intended densities and configurations of the Emerging community zone, Transition precinct. The proposed development is inconsistent with Overall Outcome 2.b.ii. as connectivity for pedestrian and bicycles to commercial and local employment opportunities is not achieved and there are no infrastructure plans for this to be achieved given that the subject site is outside the Priority Infrastructure Area and pedestrian and bicycle pathways are not currently provided or planned for the area surrounding the subject site. The proposed development is inconsistent with Overall Outcome 2.b.iii. as open space areas are not located within walking distance of all residential lots, proposed to be of a density consistent with the General Residential zone.

Page 129: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2410 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2410 14 December 2017 Report

Overall Outcome 2.b.iv of the Reconfiguring a lot code, Emerging community zone, Transition precinct requires that Reconfiguring a lot in the Emerging community zone - Transition precinct, where creating developed lots achieves the intent and purpose of the Transition precinct outcomes identified in Part 6.

Accordingly, an assessment against the Emerging community zone code is as follows:

6.2.3.2 Purpose – Emerging community zone

Overall Outcomes Complies Y/N Comments

1. The purpose of the Emerging community zone code is to:

a. identify land that is suitable for urban purposes and conserve land that may be suitable for urban development in the future;

b. manage the timely conversion of non-urban land to urban purposes;

c. prevent or discourage development that is likely to compromise appropriate longer term land use.

No The proposed development is inconsistent with Purpose 1.a. as the subject site is not currently identified as suitable for urban development as the detailed land use and infrastructure planning has not been completed for the Morayfield South growth area. The proposed development seeks to implement an ultimate residential development which preempts the structure planning which is currently being carried out as anticipated by the Planning Scheme amendments and which will identify the land use and infrastructure planning for the Morayfield South growth area. The proposed development is inconsistent with Purpose 1.b. as the proposed conversion of non-urban land to urban purposes is premature, as the subject site is outside the Priority Infrastructure Area and necessary infrastructure to support the conversion is not currently planned and the existing infrastructure networks are not to an appropriate standard or capacity to support the conversion. The proposed development is inconsistent with Purpose 1.c. as it is not possible to determine the longer term land uses or infrastructure requirements, without undertaking the planning of the growth area over the full development horizon. On this basis, the proposed development makes more difficult the land use and infrastructure planning which is necessary for the provision of infrastructure required to support the

Page 130: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2411 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2411 14 December 2017 Report

6.2.3.2 Purpose – Emerging community zone Overall Outcomes Complies

Y/N Comments

appropriate land use outcomes for both the Morayfield South growth area and other anticipated development outside the Morayfield South growth area. The proposed development is therefore inconsistent with the intent and purpose of the Emerging community zone code set out in this Purpose statement.

2. The Emerging community zone has 2 precincts which have the following purpose;

b The Transition precinct is to:

i. identify and conserve land that may be suitable for urban development in the future, allowing interim uses that will not compromise the best longer term use of the land;

ii. provide mechanisms to promote and implement an appropriate mix of dwelling types, consistent with a next generation neighbourhood across the transition precinct once this land is developed and serviced with all local government networks including water and sewer and is suitable for urban development.

Once serviced by all local

government networks, including water and sewer the Transition precinct is to provide a mix of dwelling types to support densities that are moderately higher than traditional suburban areas. Housing forms include predominantly detached dwellings on a variety of lot sizes with a greater range of attached dwellings and low to medium rise apartment buildings. These areas will have convenient access to centres, community facilities

No The proposed development is inconsistent with Purpose 2.b.i. as the land use and infrastructure planning has not been completed for the Morayfield South growth area and it is premature for a development proposal to implement an ultimate residential use in the absence of detailed land use and infrastructure planning for the growth area. The proposed development is not for an interim use and in any event without detailed land use and infrastructure planning it is not possible to ascertain whether the proposed development is compromising or making more difficult the form of the land use and infrastructure planning for the growth area. The proposed development is premature, and is inconsistent with Purpose 2.b.ii. as the Planning Scheme amendments, planning instruments and land use and infrastructure planning necessary to promote and implement a next generation neighbourhood have not been completed or adopted by Council. The subject site is not serviced with all local government networks to a standard or capacity which is suitable for urban development and the development proposal does not demonstrate that all local government networks can be provided to the proposed urban community in accordance with the appropriate standards and required capacity.

Page 131: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2412 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2412 14 December 2017 Report

6.2.3.2 Purpose – Emerging community zone Overall Outcomes Complies

Y/N Comments

and higher frequency public transport.

The development proposal is deficient in that it does not provide for all local government networks to the development according to Council’s standards of provision for: 1. External Road (Clark Road); 2. Local park provision; and 3. Stormwater management. The proposed development may compromise or make more difficult the form of the land use and infrastructure planning for the subject site which may be for the expansion of the adjoining, currently undersized, District Sport facilities, known as the Lindsay Road sport fields as Council’s Desired Standard of Service identifies a minimum land area of 20ha for District Sport facilities and detailed infrastructure planning has not been undertaken to determine whether the sport fields are required to be expanded. The land use and infrastructure planning and the preparation and adoption of a planning instrument for the Morayfield South growth area has not been completed and therefore the proposed development makes more difficult the form of the land use and infrastructure planning for the Morayfield South growth area. The proposed development is therefore inconsistent with the intent and purpose of the Emerging community zone code, Transition precinct set out in Overall Outcome 2.b.

3. The Emerging Community zone seeks to implement the policy direction set in Part 3, Strategic Framework.

No The proposed development conflicts with the Strategic Framework of the Planning Scheme (refer section 2.4 of this report).

Page 132: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2413 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2413 14 December 2017 Report

Based on the assessment above, the proposal is inconsistent with the of the Overall Outcomes of the code(s). Therefore, in accordance with section 1.7.2 of the Moreton Bay Regional Council Planning Scheme, an assessment against the Strategic Framework is set out in section 2.4.1 of this report.

2.5 Local Government Infrastructure Plan

The subject site is located outside the Priority Infrastructure Area (PIA) which is identified in the Local Government Infrastructure Plan. The PIA is an area that Council have designated for the coordination, prioritisation and sequencing of infrastructure for 10-15 years of growth. Its aim is to identify the areas where infrastructure can be provided most efficiently to support development. Urban development is not prohibited outside the PIA, however, it is Council’s responsibility to determine whether development outside the PIA will burden the community over the medium and long term. Where this can be quantified, the legislation enables the local government to establish an additional charge and decide the application. Where a development forms part of a future growth front, such as the Emerging community area at Morayfield South, the assessment of the infrastructure should consider the development of the entire future growth front. Council uses this information to inform the necessary coordination, prioritisation and sequencing of infrastructure to ensure efficient and cost-effective provision. Council has commenced the preparation of the necessary land use and infrastructure planning to identify the infrastructure needed to support the development of the Morayfield South Emerging Community Area. This planning is intended to inform the coordination, prioritisation and sequencing of the necessary infrastructure. The applicant has provided a suite of information purported to be the necessary land use and infrastructure planning for the Morayfield South Emerging Community Area. The information provided is considered inadequate to meet the expectations of Council when deciding the ultimate development yield and the extent, location and timing of the necessary infrastructure to service the whole of the Emerging Community Area. The applicant has not provided adequate information about the land use and infrastructure planning for Council to make a reasonable assessment of the cost/impact on the community as a result of the development.

2.6 Recording of particular approvals on the MBRC Planning Scheme

Not applicable in this instance. 2.7 Referrals

2.7.1 Council Referrals

2.7.1.1 Development Engineering Layout Issues The Planning Scheme Overlay Map - Road Hierarchy identifies Clark Road along the development frontage as a sub arterial road with a preferred reserve width requirement of 31 m. This would require an increase to the existing 20 m Clark Road reserve by 5.5 m along the development frontage to cater for the ultimate road upgrade to a sub arterial classification. The applicant has proposed a 3.342 m widening to Clark Road, sufficient only for a District Collector (26.8 m preferred reserve width). This does not achieve the RAL Code PO29 which requires the development to (b.) ensure the orderly and efficient continuation of the active transport network.

Page 133: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2414 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2414 14 December 2017 Report

Proposed Lane 3 services 6 lots and connects with Road 8 (minor collector) near the Clark Road Intersection. It should be noted that this intersection may ultimately be signalised with the future Clark Road upgrade. The Works Code PO24 requires intersections to provide safe and convenient movements with an example (E24.2 a. ii. A) of 100 m intersection spacing. The current layout indicates an ultimate intersection spacing of only 47 m, which will compromise the safe and convenient operation of the signalised intersection should one be required.

Proposed Lanes 1 & 2 connect with access streets where the Works Code PO24 requires intersections to provide safe and convenient movements with an example (E24.2 a. ii. A) of a 60m intersection spacing. The lanes service lots with a depth of 17.272m providing an intersection spacing of approximately only 30m, will compromise the safe and convenient operation of the intersection. Lane 3 provides a more direct access from Clark Road to Road 8 than Road 4 and may lead to excessive through traffic not associated with the laneway lots. Insufficient evidence has been provided to demonstrate how excessive traffic will impact on these lots.

Laneway lots 32, 69, 97, 98 & 104 require boundary truncations to maintain the verge width at the intersections with the Living Residential Roads. No boundary truncations have been shown on these lots as required.

Road 1 has been identified with a reduced verge adjacent to the park frontage. The verge width is reduced from 5 m to 4 m. The Typical Road Cross Section (Drawing Number GH2039/1/R11) notes that retaining may be required in some locations and the Preliminary Earthworks Cut and Fill Plan indicates fill on that frontage of 0.5 m to 1 m. A retaining wall within the road reserve is not supported and approval for works within the park has not been provided or justification demonstrated.

The Typical Road Cross Section (Drawing Number GH2039/1/R11) notes that the Road 1 verge is reduced by 1 m where passing the bio-retention basin and this is further clarified by the Engineering response to the Information Request (Item 8) where the verge width is reduced overall by 2 m (1 m in addition to the existing 1 m park reduction). No details have been submitted demonstrating that the proposed 3 m wide verge will cater for services, path and landscaping clear of the basin batters.

Road 5 intersects with Road 1 at a set of reverse curves. Compliance with PSP - Integrated Design Appendix A and Queensland Complete Streets for sight lines has not been sufficiently demonstrated.

Sight lines for the proposed laneways is noted as complying with AS2890.1 Figure 3.2 which relates to access driveways. Lanes are identified as a road type within the planning scheme and subject to the sight line requirements of PSP - Integrated Design Appendix A and Queensland Complete Streets. Laneway sight lines have not been sufficiently demonstrated.

The Small Lot Plan (Drawing Number 12244-PRO-30 Rev A) indicates Lot 167 with a driveway crossing within the prohibited location of AS2890.1 figure 3.1.

Stormwater Management and Drainage Discharge The development site is impacted by the medium risk flood hazard overlay.

Page 134: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2415 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2415 14 December 2017 Report

The applicant proposes to construct a temporary detention basin to maintain the predevelopment stormwater discharge flows which will be abandoned upon provision of a regional facility. In determining the attenuation volume, the WBNM modelling has not been validated against the Rational Method for pre and post development cases. The attenuation modelling has not considered the development site only with external catchment captured and conveyed across the site. Stormwater flows from major storm events (>63% AEP) are to be diverted to bypass the bio-retention basin. The entire stormwater discharge is directed to the bio-retention basin which is not appropriate. The proposed detention basin outlet is located within the adjacent Council park which is not included on the application or approval by Council for the works demonstrated. The loose rock scour protection proposed on the detention basin outlet is not supported and grouted rock and/or reinforced turf is to be used. Details of the temporary detention basin future decommissioning have not been submitted. No ultimate stormwater management plan has been submitted detailing capture and disposal of the bio-retention basin overflow and high flow bypass. From an engineering perspective the application cannot be approved in its current form.

2.7.1.2 Environmental Health

Lighting Council requested further information about the impacts from future lighting associated with adjoining sports fields. This report was to predict lighting impacts and identify any necessary amelioration measures with consideration given to AS4282-1997 Control of the Obtrusive Effects of Outdoor Lighting. A letter from Light Harmony was provided in response to the request for further information. The lighting review appears to have considered potential lighting configuration of the existing fields and determines that non-standard lighting design would be required in order to comply with the relevant Australian Standard for the provision of adequate light for sporting fields, AS2560. The only reference to AS4282 as requested by Council is at the end of the document where it is identified that lighting for one of the fields (hockey field 4) would result in non-compliance with the standard. Council’s request that the applicant demonstrate that future residents would not be unduly impacted by lighting of the fields and that the proposed development will not compromise current and future use of the sportsground has not been achieved.

Noise An Initial Environmental Noise Impact Report by Decibel Consulting dated 15 September 2017, report number 1709124, was submitted in support of the application and identifies that dwellings on certain allotments would be affected by noise. The report recommends specific acoustic treatments for building construction to ameliorate the impacts. As a consequence, if the development was to be approved the recommendations of this report would need to include an advice to ensure potential purchasers are notified of this issue.

Page 135: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2416 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2416 14 December 2017 Report

2.7.1.3 Environmental Planning Council requested further information from the applicant on how the proposal complies with Performance Outcome PO57 of the Reconfiguring a Lot Code (Emerging Community Zone - Transition Precinct) which requires the retention of native vegetation by incorporating native vegetation and habitat trees into the subdivision design. It was identified that whilst the site was not mapped under the Environmental areas overlay, the vegetation on the site could potentially form part of a local corridor connection from east to west in the local area structure plan. Since the time of issuing the information request, the applicant has cleared the site and responded to Council’s information requested by indicating that Performance Outcome PO57 is no longer applicable and the site is void of vegetation.

2.7.1.4 Strategic Planning The proposal will not achieve the outcomes sought in the Strategic Framework with regard to:

o Infrastructure planning for the area to determine how the area can be developed efficiently

to create a cohesive and sustainable urban community. o Providing an appropriate and suitable variety of lot sizes in each place type o The provision of diversity of housing types in each place type o Meeting minimum net residential density in the Urban Neighbourhood place type o Providing for future low density development in the Urban Neighbourhood place type.

In the absence of detailed structure planning, the proposal will not achieve the purpose of the Emerging Community Zone as it fails to properly and effectively manage the timely conversion of non-urban land. The proposal will not meet the relevant overall outcomes as the site is not serviced by all networks, does not provide a suitable variety of lot sizes providing choice or affordability, and does not provide for well-connected, safe and convenient movement and open space networks.

For the Next generation neighbourhood component, the proposal achieves the net residential density requirement. However, it does not achieve residential lot diversity. The proposal does not provide the necessary mix of lot types to achieve a mix of dwelling types expected for a next generation neighbourhood area.

For the Urban neighbourhood component, the proposal does not achieve the net residential density requirement as low density residential development is proposed. The proposed development does not provide Lot Types that would facilitate future medium density uses such as terrace houses and multiple dwellings.

2.7.2 Referral Agencies

2.7.2.1 Concurrence Agencies - Department of Infrastructure, Local Government and

Planning There were no Concurrence Agencies involved in assessing this development application.

2.7.2.2 Advice Agencies

There were no Advice Agencies involved in assessing this application.

2.7.2.3 Third Party Agencies There were no Third Party Agencies involved in assessing this application.

Page 136: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2417 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2417 14 December 2017 Report

2.8 Public Consultation

The development application is Code Assessable and accordingly there are no public notification requirements associated with the proposal.

2.9 Other Matters

2.9.1 Proposed Amendments to the Moreton Bay Regional Council Planning Scheme

Moreton Bay Regional Council commenced public notification of planning scheme amendments on 21 August 2017 which closed on 6 October 2017. The proposed amendments seek to manage the development of future urban areas in the Emerging Community zone. Further detailed investigation of land uses and infrastructure planning is required to confirm that these future urban areas are suitable to accommodate future growth. Whole of catchment infrastructure solutions are required for the five networks of water, sewerage, transport, stormwater and community infrastructure, to ensure that the growth areas can be fully serviced in accordance with the relevant standards expected in an urbanised area. The proposed amendments: 1. introduce a new overlay map “Overlay map – Structure Plan areas” which identifies areas

that are Structure Planned Areas and those which are Future Structure Plan Areas; 2. introduce definitions of “Service area” and “Non Service Area” reflecting the status of

infrastructure availability of land in the Emerging community zone; 3. introduce an amended level of assessment for reconfiguring a lot such that land within (see

Table 5.6.1):

a. a Service area (being the area within a structure planned area which is located within the Priority Infrastructure Area and the water connection area and sewer connection area in the applicable Water netserv plan) is subject to code assessment; and

b. a Non-Service area (being an area within a structure plan area which is not a Service area) is subject to impact assessment; and

4. make reference to the establishment of a Coordinating Infrastructure Agreement (CIA)

between major infrastructure service providers being Council, Unitywater and the State Government to relevantly provide for the planning, coordination, sequencing, delivery and operation of infrastructure to service the development of a structure plan area.

The proposed amendments demonstrate Council’s direction of planning, and demonstrate commitment to advancing the land use and infrastructure planning through the preparation of Structure Plans for the various growth areas in the Emerging community zone.

3. Strategic Implications 3.1 Legislative/Legal Implications

The applicant has appeal rights in accordance with the Sustainable Planning Act 2009. 3.2 Corporate Plan / Operational Plan

Creating Opportunities: Well-planned growth - a sustainable and well-planned community.

3.3 Policy Implications The proposal is consistent with the existing Moreton Bay Region planning provisions and relevant policies.

Page 137: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2418 14 December 2017 Report ITEM 2.3 DEVELOPMENT APPLICATION DA/34253/2017/V3RL - RECONFIGURING A LOT - DEVELOPMENT PERMIT FOR SUBDIVISION (9 INTO 182 LOTS, NEW ROAD, DETENTION BASIN AND 5 BALANCE LOTS IN 8 STAGES), LOCATED AT 15-31 CLARK ROAD AND 32-60 ROBBS ROAD, MORAYFIELD - DIVISION 12 - A16303159 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2418 14 December 2017 Report

3.4 Risk Management Implications

Development occurs efficiently and effectively in the region in a manner that reduces the potential risk implications to Council and the community.

3.5 Delegated Authority Implications

There are no delegated authority implications arising as a direct result of this report. 3.6 Financial Implications

c) In the event that an appeal is made to the Planning & Environment court against Council’s decision, the Council will incur additional costs in defending its position.

d) Permit conditions require infrastructure contributions to Council.

3.7 Economic Benefit The proposal contributes to business, employment and industrial activity within the region.

3.8 Environmental Implications

There are no environmental implications arising as a direct result of this report. 3.9 Social Implications

There are no social implications arising as a direct result of this report.

3.10 Consultation / Communication Refer to clause 2.7.

ATTENDANCE Mr Glenn Hammill left the meeting at 9.47am after Item 2.2.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2419 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2419 14 December 2017 Report

Conflict of Interest - Declaration Pursuant to s173(4) of the Local Government Act 2009, Cr Darren Grimwade declared a real conflict of interest in the following matter as the applicant was a contributor to the Councillor’s election campaign, and retired from the meeting at 9.45am, taking no part in the debate or recommendation regarding same. Conflict of Interest - Declaration Pursuant to s173(4) of the Local Government Act 2009, Cr Allan Sutherland (Mayor) declared a real conflict of interest in the following matter as the applicant was a contributor to the Councillor’s election campaign, and retired from the meeting at 9.45am, taking no part in the debate or recommendation regarding same. ITEM 2.4 CABOOLTURE RIVER MANAGEMENT SUPPORT FOR EROSION CONTROL WORKS IN THE CABOOLTURE RIVER - DIVISION 2 Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A16331922 : 14 December 2017 Responsible Officer: TMW (Team Leader Planning) (PED Development Services) Executive Summary An application has been made to the Department of National Parks, Sport & Racing (DNPSR) by North East Business Park and Trask Development Corporation for the proposed declaration of a works area in the Moreton Bay Marine Park (MBMP) and changes to the Deception Bay declared Fish Habitat Area (FHA) to facilitate the construction of the marina component of the North Harbour development. The application seeks to make amendments to the following regulatory instruments: 1. the zoning plan for the Moreton Bay Marine Park; and 2. the Fisheries Regulation 2008 as it pertains to the Deception Bay declared Fish Habitat Area through;

• Declaration of a works area, as a type of designated Area, in the marine park • Revocation of parts of the declared FHA and • Management level reclassification part of the declared FHA

DNPSR have advised that there is one remaining outstanding matter relating to the preparation of an erosion control management plan and further clarification is sort on the following: • how exacerbated river bank erosion will be mitigated so that there will be no unacceptable impacts

on the River, landholders, wetlands of international significance, matters of national and state environmental significance, the marine park and the declared FHA;

• which entity or entities will be responsible for managing erosion; • how management of erosion will be funded. In addition DNPSR have specifically sought correspondence that clarifies should an entity other than the developer be nominated as responsible for erosion control works and /or funding, documented agreement to this responsibility is required from that entity. Regarding the erosion control and revegetation works, it is noted that there are several parties that could potentially be responsible for completing the required works and the maintenance of these works in perpetuity. These parties include North East Business Park and Trask Development Corporation (the developer), Unitywater (subject to obtaining a nutrient offset) and Moreton Bay Regional Council.

Page 139: CO20171214 - Report Recommendations...recommendation of the Related Report was to refuse the Development Application. Therefore in order to protect Council's interests Council officers

Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2420 14 December 2017 Report ITEM 2.4 CABOOLTURE RIVER MANAGEMENT SUPPORT FOR EROSION CONTROL WORKS IN THE CABOOLTURE RIVER - DIVISION 2 - A16331922 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2420 14 December 2017 Report

Confirmation is sought from Council, that in the absence of a nutrient offset being granted or alternative arrangements with other parties being secured, that Council would accept and take responsibility for the funding, ownership and ongoing maintenance of the balance of the erosion control and revegetation works within the Caboolture River. Further, that this be captured in a letter to DNPSR and that this letter be submitted to DNPSR as a documented agreement that Moreton Bay Regional Council will take responsibility for the erosion control works. COMMITTEE RECOMMENDATION

Moved by Cr Peter Flannery Seconded by Cr Matt Constance CARRIED 11/0 Cr Allan Sutherland (Mayor) and Cr Darren Grimwade had declared a conflict of interest and had left the meeting

1. That in the absence of a nutrient offset being granted or alternative arrangements with other

parties being secured, that Council would accept and take responsibility for the funding, ownership and ongoing maintenance of the balance of the erosion control and revegetation works along the northern banks of the Caboolture River.

2. That a letter be prepared and sent to the Department of National Parks Sport & Racing

outlining recommendation 1 and further advising “This advice should be taken as a documented agreement that in the situation outlined above Moreton Bay Regional Council will take responsibility for the erosion control works and source funding for the works.”

3. That a copy of this report be provided to the local State Members.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2421 14 December 2017 Report ITEM 2.4 CABOOLTURE RIVER MANAGEMENT SUPPORT FOR EROSION CONTROL WORKS IN THE CABOOLTURE RIVER - DIVISION 2 - A16331922 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2421 14 December 2017 Report

OFFICER’S RECOMMENDATION 1. That in the absence of a nutrient offset being granted or alternative arrangements with other parties

being secured, that Council would accept and take responsibility for the funding, ownership and ongoing maintenance of the balance of the erosion control and revegetation works along the northern banks of the Caboolture River.

2. That a letter be prepared and sent to the Department of National Parks Sport & Racing outlining

recommendation 1 and further advising “This advice should be taken as a documented agreement that in the situation outlined above Moreton Bay Regional Council will take responsibility for the erosion control works and source funding for the works.”

REPORT DETAIL 1. Background • On 27 August 2015 – North East Business Park and Trask Development Company made application

to The Department of National Parks, Sport and Racing (DNPSR) for the revocation of the Marine Park/Fish Habitat Area.

• On 19 November 2015 NPSR requested further information (RFI) from the applicant. • On 14 April 2016 – North East Business Park and Trask Development Company NEBP responded to

DNPSR RFI. • On 16 June to 18 July 2016 – The proposal was publicly advertised. • On 18 July 2016 - MBRC provided a submission to the above application. • 17 October 2017 - NPRS advised there is one outstanding information request item for the applicant

to address being the impacts of and responsibility for erosion in the Caboolture River. 2. Explanation of Item NPRS has sought confirmation for the ongoing responsibility for erosion control works proposed within in the Caboolture River. In this regard they have asked for an erosion control management plan that outlines: • how exacerbated river bank erosion will be mitigated so that there will be no unacceptable impacts

on the River, landholders, wetlands of international significance, • matters of national and state environmental significance, the marine park and the declared FHA; • which entity or entities will be responsible for managing erosion; • how management of erosion will be funded. DNPSR have further advised that should an entity other than the developer be nominated as responsible for erosion control works and /or funding, documented agreement to this responsibility is required from that entity. In relation to the above request from DNPSR the following is confirmed: • A Draft Caboolture River Management Plan has been prepared that includes the entire Caboolture

River catchment covering both the riverine and estuary portions of the Caboolture River. • The Draft Caboolture River Management Plan recognises that erosion and sediment control works

are required within the Caboolture River and of relevance to this application east of the weir. • In regard to the erosion control and revegetation works, the management plan also recognises there

are a number of parties that could potentially be responsible for completing the required works and the maintenance of these works on an ongoing basis.

• These parties include North East Business Park and Trask Development Corporation (the developer), Unitywater (subject to obtaining a Nutrient offset application) and Moreton Bay Regional Council.

• It is noted that the Draft Caboolture River Management Plan is unable to be finalised until the outcome of a Unitywater nutrient offset application is determined, where the works required by the offset can be incorporated into the Management Plan.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2422 14 December 2017 Report ITEM 2.4 CABOOLTURE RIVER MANAGEMENT SUPPORT FOR EROSION CONTROL WORKS IN THE CABOOLTURE RIVER - DIVISION 2 - A16331922 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2422 14 December 2017 Report

The proposal requires extensive stabilisation works to both banks of the Caboolture River (east of the weir) which include a combination of rehabilitation and vegetation works. At this point in time there is uncertainty associated with the amount of works to be completed by North East Business Park and Trask Development Corporation and the works that Unitywater are prepared to undertake, subject to approval of nutrient offset application. DNPSR have sought confirmation that Council would accept and take responsibility for the funding, ownership and ongoing maintenance of the balance of the erosion control and revegetation works required within the Caboolture River. 3. Strategic Implications 3.1 Legislative/Legal Implications

For the proposed works to occur within the river system a legislative change is required to declare a works area within the Marine Park and a reclassification of the fish habitat area from Management Area A to Management Area B.

The regulatory authority for the change in legislation is DNPSR.

Advice received from DNPSR states, for the requested amendments to both the FHA and the marine park, the proponent needs to demonstrate that the request is in the public interest (the benefits of the development outweigh the impacts on the marine protected areas).

The key issue for their assessment has been the management of and responsibility for offsite erosion exacerbated by the development, and the results of public consultation.

DNPSR have advised that they are not prepared to change the legislation to reclassify the river until there is certainty that:

a) The works in the Caboolture River will occur b) There is long term access and maintenance strategy for the works into the future

3.2 Corporate Plan / Operational Plan Creating Opportunities: Well-planned growth - a sustainable and well-planned community.

3.3 Policy Implications The outcomes of the legislation change to declare a works area within Marine Park and a reclassification of the fish habitat area from Management Area A to Management Area B, will impact on the Draft Caboolture River Management Plan. The Draft Caboolture River Management Plan will require further amendment once the outcomes of the Unitywater Nutrient Offset application has been determined and the extent of the work finalised including confirmation of the parties nominated to complete the work.

3.4 Risk Management Implications The risk to Council is that should other mechanisms (e.g. the nutrient offset application) not be successful or not cover the extent of works required and / or an agreement not reached with the developer then Council would accept and take responsibility for the funding, ownership and ongoing maintenance of the balance of the identified erosion control works and revegetation along the banks of the Caboolture River (east of the weir).

3.5 Delegated Authority Implications There are no delegated authority implications arising as a direct result of this report.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2423 14 December 2017 Report ITEM 2.4 CABOOLTURE RIVER MANAGEMENT SUPPORT FOR EROSION CONTROL WORKS IN THE CABOOLTURE RIVER - DIVISION 2 - A16331922 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2423 14 December 2017 Report

3.6 Financial Implications

WBM BMT have costed the banks stabilisation works and a preliminary estimate is a total of $11.09M. This $11.09M has been further broken into costs associated with stabilisation on the southern bank ($5.88M) and the northern bank ($5.21M). It should be noted that these figures exclude land acquisition costs (as applicable) and do not include ongoing maintenance of revegetation and the toe and groyne structures. The applicant has previously committed to being the responsible entity for the bank stabilisation works required on the southern bank only. The preliminary finance and governance model (accepted in principle by Council) has allocated funds towards the on-going maintenance and potential replacement of stabilisation measures, post the initial implementation by the applicant on the southern bank only. The remaining estimated $5.21M of bank stabilisation works on the northern banks of the river (excluding potential land acquisition costs) remains unattributed. The applicant has previously stated to DNPRS that bank stabilisation on the northern bank is the ‘responsibility of others’. More recently, to progress the proposal, the applicant has expressed a willingness to undertake additional stabilisation works, external to the NEBP/TDC land. Unitywater have also expressed an interest in undertaking bank stabilisation works for the purpose of nutrient offsets, including an estimated $2.23M of work on the northern bank.

3.7 Economic Benefit

Improved accessibility for recreational users to the Caboolture River will contribute to the economic value of the area. An improvement of water quality within the catchment will allow for these benefits to be amplified as it makes for a greater attraction within the community and increases the number of recreational users and spending to the area.

3.8 Environmental Implications

Bank stability within the Caboolture River, downstream from the Bruce Highway presents significant areas where bank collapse has occurred, leaving steep exposed banks that are progressively undercutting. Two separate assessments of the bank stability and subsequent erosion have been undertaken in the lower Caboolture River Estuary. Of the 34 kilometres of bank assessed, 9 kilometres were identified as severely eroded and another 12 with some signs of erosion. The proposed dredging within the Caboolture River has the potential to increase the tidal prism, range and velocities in the river which would increase the potential for erosion within the river. For future development to not exacerbate existing erosion, the bank stabilisation works need to be completed at the same time as, or prior to urban development works and any significant increase in vessel traffic on the river. If only one side of the river is stabilised, then future development and increased vessel traffic and associated wave action could lead to exacerbation of the untreated erosion areas on the other riverbank, causing loss of riparian land and associated vegetation. In terms of water quality, as per the Healthy Land & Water report card, the estuarine lower reaches of the Caboolture River catchment is identified as having high concentrations that exceed the standard guidelines, leading to conditions that stimulate the likelihood of algal blooms. Overall water quality has slightly improved over the past year due to lower levels of chlorphyll, however Council’s monitoring program for phytoplankton levels within waterways indicated high to moderate levels of nutrients and fast growing phytoplankton species. Improving water quality can lead to a wide range of environmental benefits, particularly in terms of promoting biodiversity within the region’s waterways. By reducing sediment levels in waterbodies, light penetration is increased, promoting the growth of various aquatic plants, sea grass which forms the basis of a healthy and diverse ecosystem. Managing Phosphorus and Nitrogen levels help limit the likelihood of algal blooms, which can prove toxic to local aquatic ecosystems when they are the dominant species in a waterbody.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2424 14 December 2017 Report ITEM 2.4 CABOOLTURE RIVER MANAGEMENT SUPPORT FOR EROSION CONTROL WORKS IN THE CABOOLTURE RIVER - DIVISION 2 - A16331922 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2424 14 December 2017 Report

3.9 Social Implications

Caboolture River, is easily accessible and is an important place of recreation where locals can walk, cycle, boat, fish, camp, picnic and enjoy nature. Waterways in general are also valuable places for social interaction and rest and relaxation. Improving the water quality within the River system will provide for increased utilisation of the Caboolture River as a social gathering place.

3.10 Consultation / Communication

The application being assessed by DNPSR for the revocation of parts of the Moreton Bay Marine Park and Downgrade of Deception Bay Declared Fish Habitat Area was publicly advertised between 16 June 2016 - 18 July 2016.

This request has been discussed at a workshop of Council on 23 November 2017 and 5 December 2017.

ATTENDANCE Cr Allan Sutherland (Mayor) and Cr Darren Grimwade returned to the meeting at 9.57am after consideration on Item 2.4. Mr Keith Pattinson attended the meeting at 9.59am for discussion on Item 3.1.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2425 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2425 14 December 2017 Report

3 CORPORATE SERVICES SESSION (Cr Adrian Raedel) ITEM 3.1 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL Meeting / Session: 3 CORPORATE SERVICES Reference: A16127176 : 6 December 2017 Responsible Officer: JL, Financial Operations Manager (CEO Financial Operations) Executive Summary A Preferred Supplier Arrangement (MBRC006587) has been prepared to facilitate the supply of 14 categories of inventory products to Council stores up to the 30 June 2018, with an option to extend for a further two 12 month periods. Council sought tenders from the market (including pricing for 1331 branded products with the option for alternate product offerings) in a process which commenced on 24 June 2017 and which closed 20 July 2017. A total of 148 category submissions from 48 suppliers were received across the 14 categories with one submission deemed non-conforming. Following assessment, it is recommended that a total of 42 suppliers be appointed to the 14 categories as listed. COMMITTEE RECOMMENDATION

Moved by Cr Mick Gillam Seconded by Cr Matt Constance CARRIED 13/0

That the following contractors be appointed to the preferred supplier arrangement for Supply of Inventory products MBRC006587:

INVENTORY CATEGORY SUCCESSFUL TENDERERS

1. Chemicals • Ausworld Procurement & Warehousing • Bearing Service (BSC) Pty Ltd • Croft & Company (Provincial) Pty Ltd • GPC Asia Pacific Pty Ltd t/a Repco • Hanley Industrial Enterprises Pty Ltd • J Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Konnect Shop • Locstat Pty Ltd t/a CleanX Cleaning Supplies • Rewards Supply Co. Pty Ltd t/a Reward Hospitality • Staples Pty Ltd • Statewide Fastener and Engineering Supplies Pty Ltd • Wurth Australia Pty Ltd

2. Concrete • ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10

• J Blackwood & Son Pty Ltd • River Sands Pty Ltd • Steve Jones Investments Pty Ltd

3. Drainage • ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2426 14 December 2017 Report ITEM 3.1 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL - A16127176 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2426 14 December 2017 Report

INVENTORY CATEGORY SUCCESSFUL TENDERERS

• Ausworld Procurement & Warehousing Pty Ltd • Everhard Industries • J Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Patent Products Australia Pty Ltd • Statewide Fastener and Engineering Supplies Pty Ltd • Tellam Civil Products

4. Electrical • CNW Pty Ltd • GPC Asia Pacific Pty Ltd t/a Repco • Hayman Electrical & Data Suppliers • J. Blackwood & Son Pty Ltd • Rexel Holdings Australia Pty Ltd

5. Fasteners • ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10

• Bearing Service (BSC) Pty Ltd • CNW Pty Ltd • Haymans Electrical & Data Supplies • J. Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • KJ Bolt Trade Fasteners Pty Ltd • Konnect Shop • Statewide Fastener and Engineering Supplies Pty Ltd

6. First Aid Supplies • Binnavale Pty Ltd t/a Alpha First Aid Supplies (QLD) • J Blackwood & Son Pty Ltd • Reward Supply Co. Pty Ltd t/a Reward Hospitality • Tooriffic Pty Ltd t/a Peninsula Safety Supplies

7. Hardware • ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10

• Ausworld Procurement & Warehousing Pty Ltd • Bearing Service (BSC) Pty Ltd • Dy-Mark (Aust.) Pty Ltd • GPC Asia Pacific Pty Ltd t/a Repco • Hanley Industrial Enterprises Pty Ltd • Haymans Electrical & Data Suppliers • J. Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • KJ Bolt Trade Fasteners Pty Ltd • Konnect Shop • Statewide Fastener and Engineering Supplies Pty Ltd

8. Janitorial • Ausworld Procurement & Warehousing Pty Ltd • Bunzl Outsourcing Services • Complete Office Supplies Pty Ltd • Croft & Company (Provincial) Pty Ltd • GPC Asia Pacific Pty Ltd t/a Repco • Hanley Industrial Enterprises Pty Ltd • J. Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Lindsays Cleaning Supplies Pty Ltd • Locstat Pty Ltd t/a CleanX Cleaning Supplies • Reward Supply Co. Pty Ltd t/a Reward Hospitality • Staples Australia Pty Ltd

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2427 14 December 2017 Report ITEM 3.1 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL - A16127176 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2427 14 December 2017 Report

INVENTORY CATEGORY SUCCESSFUL TENDERERS

• Statewide Fastener and Engineering Supplies Pty Ltd 9. Pavement & Landscaping • J. Blackwood & Son Pty Ltd

• Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Statewide Fastener and Engineering Supplies Pty Ltd

10. Plant & Machinery • Alloy & Stainless Products Pty Ltd - ASP • GPC Asia Pacific Pty Ltd t/a Repco • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Statewide Fastener and Engineering Supplies Pty Ltd

11. PPE • Amare Safety Pty Ltd • Ausworld Procurement & Warehousing Pty Ltd • Binnavale Pty Ltd t/a Alpha First Aid Supplies (Qld) • CNW Pty Ltd • Hanley Industrial Enterprises Pty Ltd • J Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd AFT The Key-Line Unit Trust • Outsource1 Pty Ltd ATF Aplin Business Trust t/a Outsource1 • Queensland Workwear Supplies • Reward Supply Co. Pty Ltd t/a Reward Hospitality • Richmyson Enterprises Pty Ltd t/a South East Trading • SafetyQuip Sunshine Coast • Staples Australia Pty Ltd • Statewide Fastener and Engineering Supplies Pty Ltd • Toorriffic Pty Ltd t/a Peninsula Safety Supplies

12. Traffic • Artcraft Pty Ltd • Delnorth Pty Ltd • J Blackwood & Son Pty Ltd • KWN Trading Co Pty Ltd • Langford Metal Industries Pty Ltd ITF LMI Trust • Mine Signs Pty Ltd t/a Performance Decals & Signage • Outsource1 Pty Ltd ATF Alpin Business Trust t/a Outsource1 • Saferoads Pty Ltd • Traffic Control Supplies Pty Ltd

13. Bags • J Blackwood & Son Pty Ltd • Queensland Workwear Supplies • Toorriffic Pty Ltd t/a Peninsula Safety Supplies

14. Fencing • J. Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd AFT The Key-Line Unit Trust • Langford Metal Industrial Pty ITF LMI Trust • Statewide Fastener and Engineering Supplies Pty Ltd • Steve Jones Investments Pty Ltd

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2428 14 December 2017 Report ITEM 3.1 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL - A16127176 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2428 14 December 2017 Report

OFFICER’S RECOMMENDATION That the following contractors be appointed to the preferred supplier arrangement for Supply of Inventory products MBRC006587:

INVENTORY CATEGORY SUCCESSFUL TENDERERS

1. Chemicals • Ausworld Procurement & Warehousing • Bearing Service (BSC) Pty Ltd • Croft & Company (Provincial) Pty Ltd • GPC Asia Pacific Pty Ltd t/a Repco • Hanley Industrial Enterprises Pty Ltd • J Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Konnect Shop • Locstat Pty Ltd t/a CleanX Cleaning Supplies • Rewards Supply Co. Pty Ltd t/a Reward Hospitality • Staples Pty Ltd • Statewide Fastener and Engineering Supplies Pty Ltd • Wurth Australia Pty Ltd

2. Concrete • ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden,

AKA Browns Mitre 10 • J Blackwood & Son Pty Ltd • River Sands Pty Ltd • Steve Jones Investments Pty Ltd

3. Drainage • ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden,

AKA Browns Mitre 10 • Ausworld Procurement & Warehousing Pty Ltd • Everhard Industries • J Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Patent Products Australia Pty Ltd • Statewide Fastener and Engineering Supplies Pty Ltd • Tellam Civil Products

4. Electrical • CNW Pty Ltd

• GPC Asia Pacific Pty Ltd t/a Repco • Hayman Electrical & Data Suppliers • J. Blackwood & Son Pty Ltd • Rexel Holdings Australia Pty Ltd

5. Fasteners • ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden,

AKA Browns Mitre 10 • Bearing Service (BSC) Pty Ltd • CNW Pty Ltd • Haymans Electrical & Data Supplies • J. Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • KJ Bolt Trade Fasteners Pty Ltd • Konnect Shop • Statewide Fastener and Engineering Supplies Pty Ltd

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2429 14 December 2017 Report ITEM 3.1 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL - A16127176 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2429 14 December 2017 Report

INVENTORY CATEGORY SUCCESSFUL TENDERERS

6. First Aid Supplies • Binnavale Pty Ltd t/a Alpha First Aid Supplies (QLD)

• J Blackwood & Son Pty Ltd • Reward Supply Co. Pty Ltd t/a Reward Hospitality • Tooriffic Pty Ltd t/a Peninsula Safety Supplies

7. Hardware • ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden,

AKA Browns Mitre 10 • Ausworld Procurement & Warehousing Pty Ltd • Bearing Service (BSC) Pty Ltd • Dy-Mark (Aust.) Pty Ltd • GPC Asia Pacific Pty Ltd t/a Repco • Hanley Industrial Enterprises Pty Ltd • Haymans Electrical & Data Suppliers • J. Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • KJ Bolt Trade Fasteners Pty Ltd • Konnect Shop • Statewide Fastener and Engineering Supplies Pty Ltd

8. Janitorial • Ausworld Procurement & Warehousing Pty Ltd

• Bunzl Outsourcing Services • Complete Office Supplies Pty Ltd • Croft & Company (Provincial) Pty Ltd • GPC Asia Pacific Pty Ltd t/a Repco • Hanley Industrial Enterprises Pty Ltd • J. Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Lindsays Cleaning Supplies Pty Ltd • Locstat Pty Ltd t/a CleanX Cleaning Supplies • Reward Supply Co. Pty Ltd t/a Reward Hospitality • Staples Australia Pty Ltd • Statewide Fastener and Engineering Supplies Pty Ltd

9. Pavement & Landscaping • J. Blackwood & Son Pty Ltd

• Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Statewide Fastener and Engineering Supplies Pty Ltd

10. Plant & Machinery • Alloy & Stainless Products Pty Ltd - ASP

• GPC Asia Pacific Pty Ltd t/a Repco • Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust • Statewide Fastener and Engineering Supplies Pty Ltd

11. PPE • Amare Safety Pty Ltd

• Ausworld Procurement & Warehousing Pty Ltd • Binnavale Pty Ltd t/a Alpha First Aid Supplies (Qld) • CNW Pty Ltd • Hanley Industrial Enterprises Pty Ltd • J Blackwood & Son Pty Ltd • Key-Line Distributors Pty Ltd AFT The Key-Line Unit Trust • Outsource1 Pty Ltd ATF Aplin Business Trust t/a Outsource1

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2430 14 December 2017 Report ITEM 3.1 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL - A16127176 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2430 14 December 2017 Report

INVENTORY CATEGORY SUCCESSFUL TENDERERS

• Queensland Workwear Supplies • Reward Supply Co. Pty Ltd t/a Reward Hospitality • Richmyson Enterprises Pty Ltd t/a South East Trading • SafetyQuip Sunshine Coast • Staples Australia Pty Ltd • Statewide Fastener and Engineering Supplies Pty Ltd • Toorriffic Pty Ltd t/a Peninsula Safety Supplies

12. Traffic • Artcraft Pty Ltd

• Delnorth Pty Ltd • J Blackwood & Son Pty Ltd • KWN Trading Co Pty Ltd • Langford Metal Industries Pty Ltd ITF LMI Trust • Mine Signs Pty Ltd t/a Performance Decals & Signage • Outsource1 Pty Ltd ATF Alpin Business Trust t/a Outsource1 • Saferoads Pty Ltd • Traffic Control Supplies Pty Ltd

13. Bags • J Blackwood & Son Pty Ltd

• Queensland Workwear Supplies • Toorriffic Pty Ltd t/a Peninsula Safety Supplies

14. Fencing • J. Blackwood & Son Pty Ltd

• Key-Line Distributors Pty Ltd AFT The Key-Line Unit Trust • Langford Metal Industrial Pty ITF LMI Trust • Statewide Fastener and Engineering Supplies Pty Ltd • Steve Jones Investments Pty Ltd

REPORT DETAIL 1. Background Pursuant to section 233 of the Local Government Regulation 2012, Council is able to enter into a medium-sized contractual arrangement or large-sized contractual arrangement for goods and services, without first inviting written quotes or tenders if the contract is entered into with a supplier under a preferred supplier arrangement. The competitive rates from preferred suppliers approved through the tender process are available to all Council staff to access, should they require the goods and services. Stores inventory items are issued to Council employees on a daily basis to facilitate construction, maintenance and operational activities. Currently, the three Council stores located across the region are stocked using an existing preferred supplier panel arrangement. Tenders were advertised on 24 June 2017 and closed on 20 July 2017 for the following product categories, with successful suppliers being appointed to 30 June 2018 with an option to extend for a further two 12-month periods if beneficial: • Chemicals • Concrete • Drainage • Electrical • Fasteners • First Aid Supplies

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2431 14 December 2017 Report ITEM 3.1 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL - A16127176 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2431 14 December 2017 Report

• Hardware • Janitorial • Pavement & Landscaping • Plant & Machinery • PPE • Traffic • Bags • Fencing Council requires the above goods often in large volumes and frequently. It is able to obtain better value for money by accumulating the demand for the goods, and the nature of the goods is well understood in the respective industries. Where possible, volume and category based quotations will be sought from suppliers appointed to the arrangement. 2. Explanation of Item Once the submissions were opened, they were assessed by the tender assessment team in accordance with Council’s Purchasing Policy and the selection criteria set out in the tender documents. Submissions that did not address mandatory assessment criteria of Business Financial Profile and Business Qualifications were assessed as “Non-Conforming” and did not progress in the evaluation process. The submissions were then assessed on qualitative criteria that included Company/Business Capability and Experience, Product Quality and Compliance and whether the company was a Local Business and/or Industry. This was followed by a final evaluation of price to determine value for money. The following tables list the tender submissions for each arrangement based on a weighted score achieved through assessment (* identifies those businesses that were included on the 2016/17 register). Value for money was then determined with highlighted suppliers being appointed to the purchasing arrangement. Category 1 - Chemicals

Rank Tenderer Non-price score (100)

1 ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10 100.00

2 Bearing Service (BSC) Pty Ltd 95.43 3 *GPC Asia Pacific Pty Ltd t/a Repco 94.98 4 Croft & Company (Provincial) Pty Ltd 94.52 5 Locstat Pty Ltd t/a CleanX Cleaning Supplies 91.78 6 *Hanley Industrial Enterprises Pty Ltd 90.41 7 *J Blackwood & Son Pty Ltd 90.41 8 *Staples Australia Pty Ltd 90.41 9 *Statewide Fastener and Engineering Supplies Pty Ltd 90.41 10 *Wurth Australia Pty Ltd 90.41 11 Globe Growing Solutions 90.41 12 *DY-MARK (AUST.) Pty Ltd 88.58 13 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 88.58 14 *Reward Supply Co. Pty Ltd t/a Reward Hospitality 86.30 15 Bunzl Outsourcing Services 85.84 16 Akuna Services Pty Ltd 84.02 17 Konnect Shop 80.82

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COORDINATION COMMITTEE MEETING PAGE 17/2432 14 December 2017 Report

Rank Tenderer Non-price score (100)

18 *KJ Bolt Trade Fasteners Pty Ltd 79.91 19 Ausworld Procurement & Warehousing Pty Ltd 79.91 20 Lindseys Cleaning Supplies Pty Ltd 69.86

Category 2 - Concrete

Rank Tenderer Non-price score (100)

1 ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10 100.00

2 Steve Jones Investments Pty Ltd 100.00 3 *River Sands Pty Ltd 88.79 4 *J Blackwood & Son Pty Ltd 86.55 5 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 86.55 6 *KJ Bolt Trade Fasteners Pty Ltd 78.48

Category 3 - Drainage

Rank Tenderer Non-price score (100)

1 ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10 100.00

2 *J Blackwood & Son Pty Ltd 88.79 3 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 88.79 4 Patent Products Australia Pty Ltd 88.79 5 *Statewide Fastener and Engineering Supplies Pty Ltd 88.79 6 Tellam Civil Products 88.79 7 Ausworld Procurement & Warehousing Pty Ltd 80.72 8 *Everhard Industries 73.09

Category 4 - Electrical

Rank Tenderer Non-price score (100)

1 ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10 100.00

2 Haymans Electrical & Data Suppliers 99.55 3 *CNW Pty Ltd 97.31 4 *GPC Asia Pacific Pty Ltd t/a Repco 93.27 5 Rexel Holdings Australia Pty Ltd 91.48 6 *Wurth Australia Pty Ltd 90.58 7 *J Blackwood & Son Pty Ltd 88.79 8 *Statewide Fastener and Engineering Supplies Pty Ltd 88.79 9 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 86.55

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2433 14 December 2017 Report ITEM 3.1 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL - A16127176 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2433 14 December 2017 Report

Rank Tenderer Non-price score (100)

10 *Reward Supply Co. Pty Ltd t/a Reward Hospitality 82.51 11 Lindseys Cleaning Supplies Pty Ltd 68.61

Category 5 - Fasteners

Rank Tenderer Non-price score (100)

1 ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10 100.00

2 Haymans Electrical & Data Suppliers 97.31 3 *CNW Pty Ltd 95.52 4 Bearing Service (BSC) Pty Ltd 93.72 5 *GPC Asia Pacific Pty Ltd t/a Repco 91.48 6 *Statewide Fastener and Engineering Supplies Pty Ltd 88.79 7 *Wurth Australia Pty Ltd 88.79 8 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 86.55 9 *J Blackwood & Son Pty Ltd 86.55 10 Konnect Shop 83.41 11 Ausworld Procurement & Warehousing Pty Ltd 80.72 12 *KJ Bolt Trade Fasteners Pty Ltd 78.48

Category 6 - First Aid

Rank Tenderer Non-price score (100)

1 Toorriffic Pty Ltd t/a PENINSULA SAFETY SUPPLIES 100.00 2 *Binnavale Pty Ltd t/a Alpha First Aid Supplies (QLD) 89.47 3 *Wurth Australia Pty Ltd 86.84 4 *Staples Australia Pty Ltd 86.84 5 *J Blackwood & Son Pty Ltd 84.65 6 *Reward Supply Co. Pty Ltd t/a Reward Hospitality 82.89

Category 7 - Hardware

Rank Tenderer Non-price score (100)

1 ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10 100.00

2 Toorriffic Pty Ltd t/a PENINSULA SAFETY SUPPLIES 100.00 3 Haymans Electrical & Data Suppliers 95.18 4 Bearing Service (BSC) Pty Ltd 91.67 5 *GPC Asia Pacific Pty Ltd t/a Repco 89.47 6 *Hanley Industrial Enterprises Pty Ltd 86.84 7 *J Blackwood & Son Pty Ltd 86.84

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COORDINATION COMMITTEE MEETING PAGE 17/2434 14 December 2017 Report

Rank Tenderer Non-price score (100)

8 *Statewide Fastener and Engineering Supplies Pty Ltd 86.84 9 *Wurth Australia Pty Ltd 86.84 10 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 84.65 11 *DY-MARK (AUST.) Pty Ltd 82.89 12 Konnect Shop 81.58 13 Ausworld Procurement & Warehousing Pty Ltd 78.95 14 *KJ Bolt Trade Fasteners Pty Ltd 76.75

Category 8 - Janitorial

Rank Tenderer Non-price score (100)

1 *Hanley Industrial Enterprises Pty Ltd 100.00 2 Locstat Pty Ltd t/a CleanX Cleaning Supplies 97.22 3 Croft & Company (Provincial) Pty Ltd 95.83 4 *GPC Asia Pacific Pty Ltd t/a Repco 94.44 5 *Complete Office Supplies Pty Ltd 93.52 6 *Staples Australia Pty Ltd 93.52 7 *Wurth Australia Pty Ltd 91.67 8 *J Blackwood & Son Pty Ltd 89.35 9 *Statewide Fastener and Engineering Supplies Pty Ltd 89.35 10 *Reward Supply Co. Pty Ltd t/a Reward Hospitality 87.50 11 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 87.50 12 Konnect Shop 83.80 13 Ausworld Procurement & Warehousing Pty Ltd 83.33 14 Bunzl Outsourcing Services 81.02 15 Lindseys Cleaning Supplies Pty Ltd 70.83

Category 9 - Pavement and Landscaping

Rank Tenderer Non-price score (100)

1 *GPC Asia Pacific Pty Ltd t/a Repco 100.00 2 *J Blackwood & Son Pty Ltd 97.06 3 *Statewide Fastener and Engineering Supplies Pty Ltd 97.06 4 Konnect Shop 91.18 5 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 88.24

Category 10 - Plant and Machinery

Rank Tenderer Non-price score (100)

1 *Alloy & Stainless Products Pty Ltd (ASP) 100.00

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COORDINATION COMMITTEE MEETING PAGE 17/2435 14 December 2017 Report

Rank Tenderer Non-price score (100)

2 *Atlas Heavy Engineering Pty Ltd t/a AHE Wearparts & Attachments 94.30 3 *GPC Asia Pacific Pty Ltd t/a Repco 89.47 4 *Statewide Fastener and Engineering Supplies Pty Ltd 86.84 5 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 84.65

Category 11 - PPE

Rank Tenderer Non-price score (100)

1 Toorriffic Pty Ltd t/a PENINSULA SAFETY SUPPLIES 100.00 2 *New Eye Company Pty Ltd 96.05 3 *Outsource1 Pty Ltd ATF Aplin Business Trust t/a Outsource1 96.05 4 *Binnavale Pty Ltd t/a Alpha First Aid Supplies (QLD) 93.42 5 *Queensland Workwear Supplies 92.11 6 Amare Safety Pty Ltd 90.79 7 *GPC Asia Pacific Pty Ltd t/a Repco 89.47 8 *CNW Pty Ltd 88.60 9 *SafetyQuip Sunshine Coast 88.60 10 *J Blackwood & Son Pty Ltd 86.84 11 *Statewide Fastener and Engineering Supplies Pty Ltd 86.84 12 *Staples Australia Pty Ltd 86.84 13 *Wurth Australia Pty Ltd 86.84 14 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 84.65 15 *Hanley Industrial Enterprises Pty Ltd 82.89 16 *DY-MARK (AUST.) Pty Ltd 78.95 17 *Reward Supply Co. Pty Ltd t/a Reward Hospitality 78.95 18 Konnect Shop 77.63 19 Ausworld Procurement & Warehousing Pty Ltd 75.00 20 Lindseys Cleaning Supplies Pty Ltd 67.11 21 Richmyson Enterprises Pty Ltd t/a South East Trading 63.16 22 RSEA Pty Ltd Non-conforming

Category 12 - Traffic

Rank Tenderer Non-price score (100)

1 *Outsource1 Pty Ltd ATF Aplin Business Trust t/a Outsource1 100.00 2 *Traffic Control Supplies Pty Ltd 98.63 3 *GPC Asia Pacific Pty Ltd t/a Repco 90.87 4 *Artcraft Pty Ltd 90.41 5 *Saferoads Pty Ltd 89.04 6 *DY-MARK (AUST.) Pty Ltd 88.13 7 *J Blackwood & Son Pty Ltd 88.13

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COORDINATION COMMITTEE MEETING PAGE 17/2436 14 December 2017 Report

Rank Tenderer Non-price score (100)

8 KWN Trading Co Pty Ltd 86.30 9 Konnect Shop 84.93 10 Langford Metal Industries Pty Ltd ITF LMI Trust 84.93 11 *Delnorth Pty Ltd 82.19 12 Mine Signs Pty Ltd t/a Performance Decals & Signage 82.19 13 *JMB Manufacturing Pty Ltd 79.91 14 Ausworld Procurement & Warehousing Pty Ltd 78.08

Category 13 - Bags

Rank Tenderer Non-price score (100)

1 Toorriffic Pty Ltd t/a PENINSULA SAFETY SUPPLIES 100.00 2 *Queensland Workwear Supplies 92.11 3 *J Blackwood & Son Pty Ltd 82.89

Category 14 - Fencing

Rank Tenderer Non-price score (100)

1 ADGAB Holdings Pty Ltd t/a Browns Hardware & Garden, AKA Browns Mitre 10 100.00

2 Steve Jones Investments Pty Ltd 100.00 3 *J Blackwood & Son Pty Ltd 90.41 4 *Statewide Fastener and Engineering Supplies Pty Ltd 90.41 5 Langford Metal Industries Pty Ltd ITF LMI Trust 89.04 6 *Key-Line Distributors Pty Ltd ATF The Key-Line Unit Trust 86.30 7 Konnect Shop 84.93

3. Strategic Implications 3.1 Legislative/Legal Implications

The calling of public tenders and establishment of preferred supplier arrangements is in accordance with section 233 of the Local Government Regulation 2012.

3.2 Corporate Plan / Operational Plan This project is consistent with the Corporate Plan outcome - Enabling Services: Financial services - accounting and financial operations, corporate policy and performance activities.

3.3 Policy Implications These arrangements have been established in accordance with the provisions of Council’s Procurement Policy 10-2150-006.

3.4 Risk Management Implications The appointment of the suppliers will ensure the timely delivery of these programs whilst complying with Council’s Procurement Policy.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2437 14 December 2017 Report ITEM 3.1 PREFERRED SUPPLIER ARRANGEMENT FOR INVENTORY- MBRC006587 - REGIONAL - A16127176 (Cont.)

COORDINATION COMMITTEE MEETING PAGE 17/2437 14 December 2017 Report

3.5 Delegated Authority Implications

Adoption of the suppliers by Council and approval of subsequent purchase orders within delegated financial authority limits will satisfy these requirements.

3.6 Financial Implications Funding for goods procured under this preferred supplier arrangement are included in the Capital (including Minor Works) and Operations’ works programs.

3.7 Economic Benefit The appointment of preferred supplier arrangements or register of prequalified suppliers will enable Council to deliver its programs in a timely and cost-effective manner. 18 of the 42 recommended individual suppliers (some are on multiple arrangements) have a presence within the Moreton Bay Regional Council area.

3.8 Environmental Implications There are no environmental implications arising as a direct result of this report.

3.9 Social Implications

There are no social implications arising as a direct result of this report. 3.10 Consultation / Communication

Representatives from Operations, Support and Stores assisted in preparation and sat on the evaluation panel. Corporate Procurement managed the process through preparation, release, evaluation and award.

ATTENDANCE Mr Keith Pattinson left the meeting at 10.05am after Item 3.1.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2438 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2438 14 December 2017 Report

4 ASSET CONSTRUCTION & MAINTENANCE SESSION (Cr Peter Flannery) ITEM 4.1 BUNYA - JINKER TRACK - INTERSECTION UPGRADE - DIVISION 10 Meeting / Session: 4 ASSET CONSTRUCTION & MAINTENANCE Reference: A16292422 : 1 December 2017 - Refer Confidential Supporting Information

A16220880 Responsible Officer: HM, Project Manager (ECM Project Management & Construction) Executive Summary Tenders were invited for the ‘Bunya – Jinker Track – Intersection Upgrade (MBRC006689)’ project. The tender closed on 16 November 2017 with 10 conforming and two non-conforming tenders received. It is recommended that Council award the contract to Alder Constructions Pty Ltd for the sum of $1,352,000 (excluding GST). COMMITTEE RECOMMENDATION

Moved by Cr Matt Constance Seconded by Cr Denise Sims CARRIED 13/0

That the tender for ‘Bunya – Jinker Track – Intersection Upgrade (MBRC006689)’ project be awarded to Alder Constructions Pty Ltd for the sum of $1,352,000 (excluding GST).

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COORDINATION COMMITTEE MEETING PAGE 17/2439 14 December 2017 Report

OFFICER’S RECOMMENDATION That the tender for ‘Bunya – Jinker Track – Intersection Upgrade (MBRC006689)’ project be awarded to Alder Constructions Pty Ltd for the sum of $1,352,000 (excluding GST). REPORT DETAIL 1. Background The project is located at the intersection of Jinker Track and Bunya Road, Bunya. The objective of the project is to improve safety for all road users. The scope of works includes the signalisation of the intersection, rehabilitation of existing pavements, upgrade of stormwater infrastructure, new footpath, line marking, road furniture, landscaping and green infrastructure fauna exclusion fencing. Works are expected to commence in late January 2018 and take approximately 15 weeks, weather permitting.

Figure 1 - location and general layout

2. Explanation of Item Tenders for the ‘Bunya – Jinker Track – Intersection Upgrade (MBRC006689)’ project closed on 16 November 2017 with ten conforming and two non-conforming tenders received. The tenders were assessed by the tender assessment panel in accordance with Council’s Purchasing Policy and the selection criteria set out in the tender documents.

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COORDINATION COMMITTEE MEETING PAGE 17/2440 14 December 2017 Report

RANK TENDERER EVALUATION SCORE

1 Alder Constructions Pty Ltd 98.18

2 Hazell Bros QLD Pty Ltd 88.86

3 BMD Urban Pty Ltd 87.64

4 Pentacon Pty Ltd 87.45

5 McIlwain Civil Engineering Pty Ltd 86.63

6 OM Civil Pty Ltd 86.09

7 Allroads Pty Ltd 84.83

8 Naric Pty Ltd 78.58

9 Queensland Bridge and Civil 77.95

10 Ryan Civil Contracting Pty Ltd 64.20

11 Designer Pave Pty Ltd Non-conforming

12 Wills Holding QLD Ltd T/A River City Trees Non-conforming Alder Constructions Pty Ltd submitted a comprehensive and well-presented tender. At a tender clarification meeting held on 28 November 2017, Alder Constructions demonstrated their relevant experience, methodology, understanding of the project and capability in delivering the project. Hazell Bros QLD Pty Ltd submitted a comprehensive and well-presented tender, demonstrating relevant similar project experience; however, there were no additional benefits for the higher price. BMD Urban Pty Ltd submitted a comprehensive and well-presented tender; however, there were no additional benefits for the higher price. Designer Pave Pty Ltd and Wills Holding QLD Ltd T/A River City Trees submitted tenders that did not include completion of the full scope of works and were therefore deemed non-conforming. 3. Strategic Implications 3.1 Legislative/Legal Implications

Due to the value of work being greater than $200,000, Council called a public tender for the work through the LG Tender system in accordance with the Local Government Act 2009.

3.2 Corporate Plan / Operational Plan This project is consistent with the Corporate Plan outcome - Valuing Lifestyle: Diverse transport options - an integrated regional transport network.

3.3 Policy Implications This project has been procured in accordance with the provisions of the following documents: • Council’s Procurement Policy 10-2150-006 • Local Government Act 2009 • Local Government Regulation 2012 Chapter 6.

3.4 Risk Management Implications

The project risk has been assessed and the following issues identified. The manner in which the possible impact of these risks are minimised is detailed below.

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Financial Risks:

a. A third-party review of financial status has been undertaken and the successful tenderer was rated ‘sound’.

Construction Risks: a. The contractor will provide a program of works, traffic management plan, and safety plan and

will be required to fence off the areas where construction is being undertaken to meet relevant workplace health and safety requirements as part of the contract.

b. The contractor has demonstrated their understanding of the project and the need to manage the impact of the works on pedestrians and vehicles in accordance with the tender conditions.

3.5 Delegated Authority Implications

No delegated authority implications arising as a direct result of this report.

3.6 Financial Implications Council has allocated a total of $1.582M in the revised 2017/18 Capital Works budget under project number 101481. Tender price (construction) $ 1,352,000 Contingency (10%) $ 135,200 QLeave $ 6,422 ----------------- Total project cost $ 1,493,622 ========== Estimated ongoing operational/maintenance costs $ 5,000 per F/Y The budget amount for this project is sufficient.

3.7 Economic Benefit The completion of the project will improve safety for all road users through the intersection of Jinker Track and Bunya Road.

3.8 Environmental Implications The project includes the installation of green infrastructure fauna exclusion fencing along Bunya Road at the interface of Bunyaville Conservation Park, for the protection of fauna within the park. Environmental implications of the project are minimal as the works are an upgrade to existing infrastructure. The contractor will be required to submit an Environmental Management Plan and comply with relevant State Government Environmental Policies. The contractor will be required to manage sediment and erosion controls during construction and these measures will also be monitored by Council.

3.9 Social Implications

The completion of the project will improve safety for users of the intersection of Jinker Track and Bunya Road.

3.10 Consultation / Communication A communication plan will be developed for the project which will include the positioning of VMS boards on site prior to and throughout the works to notify road users. Adjacent residents and businesses will be notified of the works by a project notice prior to the works commencing. Owners of properties where driveway access may be affected during construction will be contacted prior to commencement of works and consultation will be ongoing throughout construction. The Divisional Councillor has been consulted and is supportive of the project.

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COORDINATION COMMITTEE MEETING PAGE 17/2442 14 December 2017 Report

5 PARKS, RECREATION & SPORT SESSION (Cr Darren Grimwade) No items for consideration.

6 LIFESTYLE & AMENITY SESSION (Cr Matt Constance) No items for consideration. ATTENDANCE Mr Brad Page attended the meeting at 10.07am for discussion on Item 7.1.

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COORDINATION COMMITTEE MEETING PAGE 17/2443 14 December 2017 Report

7 ECONOMIC DEVELOPMENT & TOURISM SESSION (Cr Julie Greer) ITEM 7.1 REGIONAL AQUATIC FACILITIES FRAMEWORK - REGIONAL Meeting / Session: 7 ECONOMIC DEVELOPMENT & TOURISM Reference: A16292892 : 30 November 2017 - Refer Confidential Supporting

Information A16296226 Responsible Officer: BP, Coordinator Regional Leisure Venues (EPS Property & Commercial

Services) Executive Summary This report seeks to approve general entry fees and operating hours for the Caboolture Regional Aquatic Leisure Centre (CRALC), and formalise the definition and entry requirements of “Companion” in respect to Council’s aquatic facilities. COMMITTEE RECOMMENDATION

Moved by Cr Koliana Winchester Seconded by Cr Mick Gillam CARRIED 13/0

1. That the proposed general entry fees and hours as contained in the body of this report be approved.

2. That the definition of “Companion” and the associated entry conditions to Council’s aquatic

facilities as contained in the body of this report be approved.

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OFFICER’S RECOMMENDATION 1. That the proposed general entry fees and hours as contained in the body of this report be approved. 2. That the definition of “Companion” and the associated entry conditions to Council’s aquatic facilities

as contained in the body of this report be approved. REPORT DETAIL 1. Background Council requested officers undertake a process to establish a consistent fee structure across all aquatic facilities, over a three-year period. The Caboolture Regional Aquatic Leisure Centre (CRALC) was not initially part of this consolidation process due to it being operated under a separate long-term lease. The lease for CRALC expires 30 April 2018 and as such Council officers now seek to include CRALC into the overall consolidation process. This report seeks Council approval of fees and operating hours for CRALC and the formalisation of “companion” definition and entry conditions across all Council aquatic facilities. 2. Explanation of Item Council currently utilises a classification framework for its aquatic facilities which considers the quantity and quality of services at each location to assist in the setting of fees and charges and operating hours. 2.1 Fees At the time of establishing this classification framework, CRALC was unable to be considered as it was under a separate long-term lease. With the expiry of this lease on 30 April 2018, Officers have subsequently evaluated CRALC against the classification framework and recommend the following fees for the next two financial years to align with Council’s other aquatic facilities.

CRALC

2018/2019 2019/2020 Adult Swim $5.90 $6.00 Child $5.10 $5.50 Aged* and disability* and DVA** $4.70 $4.80 Spectator $3.60 $3.60 Extra Family Member $4.40 $4.80 Family (4) 2 adults and 2 children or 1 adult and 3 children $18.50 $19.00 Companion*** FREE FREE

* Aged and Disability: Centrelink issued aged or disability card (not senior card) **DVA: Department of Veterans affairs white or gold card *** Companion: Companion of a disability* patron. Must accompany the disability patron at the time of entry and present Centrelink companion card. The proposed fees represent a minor increase to previous years and are comparatively a slight increase over other aquatic facilities consistent with the quality and quantity of services offered at this facility. Operators are permitted to set their own fees for other products and service offered at each facility in line with market trends, providing Council does not deem the fees unreasonably excessive and not in keeping with Council’s intention of providing affordable quality aquatic and leisure opportunities for the community. 2.2 Operating hours To align with the classification framework, officers propose that CRALC maintain the minimum operating hours as outlined below. As with all Council aquatic facilities, operators are permitted to open longer hours after seeking Council approval.

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COORDINATION COMMITTEE MEETING PAGE 17/2445 14 December 2017 Report

Summer Winter CRALC Open Close Open Close

Monday - Thursday 5.30am 8.00pm 5.30am 8.00pm

Friday 5.30am 6.00pm 5.30am 6.00pm

Saturday 6.00am 6.00pm 6.00am 5.00pm

Sunday 8.00am 5.00pm 8.00am 4.00pm

Public Holiday 10.00am 4.00pm 10.00am 4.00pm

2.3 “Companion” definition and terms of entry Whilst there has been a long-standing practice to allow free entry for Companion Card holders to Council’s aquatic facilities, this has never been formally resolved. Accordingly, Officers seek to formally adopt the definition of “Companion” and that this person be allowed free entry. Accordingly, Officers recommend “Companion” be defined as any person who accompanies a cardholder and provides attendant care support. The Companion Card is issued in the name of the person who has a disability. Companion Card holders receive a second ‘companion' ticket at no charge at Council’s aquatic facilities whilst providing attendant support to the nominated person with a disability (cardholder). Companion cards are not valid without the person with the disability being in attendance.

3. Strategic Implications 3.1 Legislative/Legal Implications

There are no legislative/legal implications as a direct result of this report.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Healthy and supportive communities - a healthy and inclusive community.

3.3 Policy Implications There are no policy implications as a direct result of this report.

3.4 Risk Management Implications There are no risk management implications as a direct result of this report.

3.5 Delegated Authority Implications There are no delegated authority implications as a direct result of this report.

3.6 Financial Implications Council currently utilises a classification framework for its aquatic facilities which considers the quantity and quality of services at each location to assist in the setting fees and charges at an affordable level for the community.

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3.7 Economic Benefit

There are no economic benefits as a direct result of this report. 3.8 Environmental Implications

There are no environmental implications as a direct result of this report. 3.9 Social Implications

Formally adopting the definition of “Companion” and the associated entry conditions to Council’s aquatic facilities will provide clarity and ensure equitable access to these facilities.

3.10 Consultation / Communication Once the fees and hours for CRALC have been adopted, they will be updated in relevant communications for the coming year.

ATTENDANCE Mr Brad Page left the meeting at 10.10am after Item 7.1. Mr Michael Hagan attended the meeting at 10.08am for discussion on Item 7.2.

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COORDINATION COMMITTEE MEETING PAGE 17/2447 14 December 2017 Report

ITEM 7.2 PROPOSED AMENDMENTS TO CARAVAN PARK TERMS AND CONDITIONS FOR TOURIST ACCOMMODATION ONLY - REGIONAL Meeting / Session: 7 ECONOMIC DEVELOPMENT & TOURISM Reference: A15989936 : 29 September 2017 - Refer Supporting Information A16297541

& Confidential Supporting Information A16288267 Responsible Officer: C.P., Land and Leasing Coordinator (EPS Property & Commercial Services) Executive Summary The purpose of this report is to seek Council approval of proposed amendments to the Council’s “Caravan Park Terms and Conditions for Tourist Accommodation”, which will apply in relation to holiday lettings at certain Council caravan parks in the region, as described in this report. COMMITTEE RECOMMENDATION

Moved by Cr Brooke Savige Seconded by Cr Matt Constance CARRIED 13/0

1. That the proposed amendments to the Council’s “Caravan Park Terms and Conditions for Tourist Accommodation” for Council caravan parks be adopted as described in this report and as set out in the Supporting Information.

2. That the Chief Executive Officer be authorised to take all action necessary to implement the

“Caravan Park Terms and Conditions for Tourist Accommodation” referred to in recommendation 1.

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OFFICER’S RECOMMENDATION 1. That the proposed amendments to the Council’s “Caravan Park Terms and Conditions for Tourist

Accommodation” for Council caravan parks be adopted as described in this report and as set out in the Supporting Information.

2. That the Chief Executive Officer be authorised to take all action necessary to implement the “Caravan

Park Terms and Conditions for Tourist Accommodation” referred to in recommendation 1. REPORT DETAIL 1. Background Council owns six caravan parks - four in the Caboolture area, and two in the Redcliffe area. Two of Council’s caravan parks (Beachmere Caravan Park and Scarborough Holiday Village) are leased to private operators, whilst four are operated under management contracts. The “Caravan Park Terms and Conditions for Tourist Accommodation” were last amended by Council on 13 September 2016 (previously referred to as “Caravan Park Rules for Tourist Accommodation”) and currently apply to holiday lettings at: • Bells Caravan Park; • Bongaree Caravan Park; • Donnybrook Caravan Park; and • Toorbul Caravan Park. Beachmere Caravan Park is operated under a lease, however the lessee has indicated it would adhere to terms and conditions set by Council. Accordingly, it is proposed the Caravan Park Terms and Conditions for Tourist Accommodation will apply to the park. It is not proposed that the Caravan Park Terms and Conditions for Tourist Accommodation will apply to the Scarborough Caravan Park, which is also operated under a lease. 2. Explanation of Item It has been suggested to increase the minimum night stay at peak times of the year. Having reviewed the impact on Council’s caravan parks and the market more generally, as well as consulting with Councillors, Officers recommend the following amendments to the minimum night stay for sites, cabins and cottages: (a) Seven nights for Christmas period (currently six-night minimum); (b) Four nights for Easter period (currently three-night minimum); and (c) Three nights for long weekends (currently no minimum). Outside of these times, cabins and cottages have a minimum two consecutive nights (no change). There are also slight amendments suggested in regard to refunds, where it is made clearer that refunds are at Council’s sole discretion. 3. Strategic Implications 3.1 Legislative/Legal Implications

The Caravan Park Terms and Conditions for Tourist Accommodation will apply in relation to holiday lettings at certain Council caravan parks in the region, as described in this report.

3.2 Corporate Plan / Operational Plan Strengthening Communities: Strong local governance - strong leadership and governance.

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3.3 Policy Implications

There are no policy implications arising as a direct result of this report.

3.4 Risk Management Implications There are no risk management implications arising as a direct result of this report.

3.5 Delegated Authority Implications It is recommended that the Chief Executive Officer be authorised to implement Council’s resolution.

3.6 Financial Implications Given the demand for sites during these peak times, it is envisaged that there will be a positive financial impact from the implementation of minimum booking nights.

3.7 Economic Benefit There are no economic benefit implications arising as a direct result of this report.

3.8 Environmental Implications There are no environmental implications arising as a direct result of this report.

3.9 Social Implications There are no social implications arising as a direct result of this report.

3.10 Consultation / Communication Council’s park managers have been consulted on these proposed amendments. Council has also been consulted at a Council Workshop.

ATTENDANCE Mr Michael Hagan left the meeting at 10.12am after Item 7.2.

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COORDINATION COMMITTEE MEETING PAGE 17/2450 14 December 2017 Report

CLOSED SESSION (Confidential items) (Resolution the meeting be closed under s275 of the Local Government Regulation 2012) CLOSED SESSION COMMITTEE RECOMMENDATION

Moved by Cr Adam Hain Seconded by Cr Matt Constance CARRIED 13/0

That Committee move into closed session pursuant to the provisions of s275 (1) of the Local Government Regulation 2012 to discuss Items C.1 to C.2. Members of the press and public gallery left the Chambers. The closed session commenced at 10.09am. OPEN SESSION COMMITTEE RECOMMENDATION

Moved by Cr Adrian Raedel Seconded by Cr Adam Hain CARRIED 13/0

That Committee resume in open session and that the following recommendations be made. The open session resumed at 10.20am.

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COORDINATION COMMITTEE MEETING PAGE 17/2451 14 December 2017 Report

ITEM C.1 – CONFIDENTIAL MBRC PLANNING SCHEME - MAJOR AMENDMENT 1 - CONSIDERATION OF SUBMISSIONS AND ADOPTION OF PROPOSED AMENDMENT - REGIONAL Meeting / Session: 2 PLANNING & DEVELOPMENT Reference: A16323757 : 23 November 2017 - Refer Confidential Supporting

Information A16332845, fA673824, fA673825 (provided separately) Responsible Officer: LF, Team Leader Strategic Planning and Economic Development (PED

Strategic Planning) Basis of Confidentiality Pursuant to s275 (1) of the Local Government Regulation 2012, clause (g), as the matter involves action to be taken by the Council under the Planning Act, including deciding applications made to the Council under that Act. Executive Summary Council resolved to make a major amendment to the MBRC planning scheme at its meeting on 1 December 2015. The Minister’s Statutory Guideline 01/16 - Making and Amending Local Planning Instruments prescribes the process to be used for the amendment of local planning instruments such as planning schemes. Since December 2015, the proposed amendments to the MBRC planning scheme under the Major Amendment 1 package have undergone a formal State interest review and public consultation. Council is now required to: a) consider all properly made submissions received during the mandatory public consultation period and

make any changes to the amendment package that it deems necessary to respond to those submissions;

b) respond to each submitter outlining how Council has dealt with their submission; c) consider whether or not to change the amendment package; d) if the amendment package is to be changed, consider whether the changed package is “significantly

different” from the one that was released for public consultation, and whether it continues to appropriately integrate all State interests;

e) decide whether or not to proceed with the amendment package, with or without changes; and f) if proceeding with the amendment package, seek approval from the Minister to adopt the amendment

package. COMMITTEE RECOMMENDATION

Moved by Cr Matt Constance Seconded by Cr Adam Hain CARRIED 12/1 Cr Adrian Raedel voted against Committee’s Recommendation

1. That Council resolve to proceed with the major amendment to the MBRC planning scheme

with the modifications outlined in the supporting information to this report. 2. That the Chief Executive Officer be authorised to do all things specified in the Minister’s

Statutory Guideline 01/16 to complete step 7 of the prescribed process for making and amending local planning instruments.

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COORDINATION COMMITTEE MEETING PAGE 17/2452 14 December 2017 Report

ITEM C.2 – CONFIDENTIAL PROPOSED ACCESS LICENCE AGREEMENT WITH NBN CO. LIMITED AT 2 WEBB LANE, WOODFORD - DIVISION 12 Meeting / Session: 7 ECONOMIC DEVELOPMENT & TOURISM Reference: A16002881 : 4 October 2017 - Refer Confidential Supporting Information

A16005318 Responsible Officer: C.P., Land and Leasing Coordinator (EPS Property & Commercial Services) Basis of Confidentiality Pursuant to s275 (1) of the Local Government Regulation 2012, clause (e), as the matter involves contracts proposed to be made by the Council. Executive Summary The purpose of this report is to seek Council’s approval to enter into an access licence agreement with NBN Co. Limited over part of 2 Webb Lane, Woodford. COMMITTEE RECOMMENDATION

Moved by Cr Adrian Raedel Seconded by Cr Mick Gillam CARRIED 13/0

That an access licence agreement be granted to NBN Co. Limited over that part of 2 Webb Lane, Woodford which is described as the “proposed non-exclusive access licence area” in the Supporting Information, in accordance with the key the terms outlined in this report.

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Moreton Bay Regional Council COORDINATION COMMITTEE MEETING PAGE 17/2453 14 December 2017 Report

COORDINATION COMMITTEE MEETING PAGE 17/2453 14 December 2017 Report

8 GENERAL BUSINESS ITEM 8.1 REGIONAL EVENTS Cr James Houghton attended the Scarborough Christmas Carols held Sunday 10 December 2017 at Scarborough Beach Park along with Cr Mike Charlton (Deputy Mayor), saying that there had been approximately 6000 people in attendance. Cr Mike Charlton (Deputy Mayor) also spoke in relation to the event, reporting that it had been an enjoyable occasion and that the fireworks were fantastic. Cr Charlton congratulated Moreton Bay Region Industry & Tourism (MBRIT) on the successful organisation of this event. Cr Peter Flannery advised that he attended the launch of the Bancroft Memorial on Saturday 2 December 2017. The memorial, originally erected in 1963 honours the Bancroft family and is located at the site of Dr Joseph Bancroft’s former house. Dr Bancroft was regarded as one of the founders of medical research in Australia and undertook a range of scientific and medical investigations some of which he undertook in Deception Bay. ITEM 8.2 MERRY CHRISTMAS AND HAPPY NEW YEAR Cr Matt Constance reported on Division 10 and its achievements throughout 2017. In particular, he noted the following: • Opening of the Ferny Hills Indoor Heated Program Pool • Various divisional events • Additional exercise equipment in parks • Fauna Crossings • Road safety projects including the near completion of the Patricks Road and Dawson Parade upgrade • SES Facility works at Arana Hills Cr Constance said that he was most grateful to Council for its support and was looking forward to 2018. Cr Mike Charlton (Deputy Mayor), on behalf of Council, extended his compliments to the Mayor and Council for the Christmas Season. Cr Charlton said that it had been another challenging year both professionally and personally and provided his special thanks to the Mayor for his leadership and dedication throughout the year. Cr Denise Sims, reflecting on 2017 advised of her delight at the development of Council’s Disability Access and Inclusion Plan and of hosting a morning tea for International Day of People with a Disability. Cr Sims also provided thanks to Council for its foresight and vision in regards to The Mill at Moreton Bay University Project, set to become a reality in 2020. Cr Koliana Winchester provided her thanks to Council staff for their hard work and dedication throughout 2017, offering Council her wishes for a merry Christmas and happy New Year. Cr Allan Sutherland (Mayor) offered his thanks to staff and Council on their efforts during what was a challenging year.

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COORDINATION COMMITTEE MEETING PAGE 17/2454 14 December 2017 Report

General Business cont’d ITEM 8.3 CABOOLTURE HISTORICAL SOCIETY - DIVISION 3 (AH) Cr Adam Hain advised that he attended the 60th Anniversary of the Caboolture Historical Society along with Cr Allan Sutherland (Mayor) and Cr Adrian Raedel on Sunday 10 December 2017, offering his congratulations on their achievements. COMMITTEE RECOMMENDATION

Moved by Cr Adam Hain Seconded by Cr Brooke Savige CARRIED 13/0

That a letter of congratulation from the Mayor be sent to the Caboolture Historical Society on their 60th anniversary. ITEM 8.4 LETTER OF CONGRATULATION - CHRISTMAS DISPLAY IN MORAYFIELD (AR) Cr Adrian Raedel reported on a fantastic Christmas display by the Zielinski family located in Morayfield, enjoyed by thousands of local residents. COMMITTEE RECOMMENDATION

Moved by Cr Adrian Raedel Seconded by Cr Denise Sims CARRIED 13/0

That a letter of congratulation from Council be sent to the Zielinski family for their 2017 Christmas display. ITEM 8.5 LETTER OF CONGRATULATION - CHRISTMAS DISPLAY IN MURRUMBA DOWNS (DS) Cr Denise Sims reported on a Christmas display by the Baker family, located in Murrumba Downs. COMMITTEE RECOMMENDATION

Moved by Cr Denise Sims Seconded by Cr Matt Constance CARRIED 13/0

That a letter of congratulations from Council be sent to the Baker family for their 2017 Christmas display.

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COORDINATION COMMITTEE MEETING PAGE 17/2455 14 December 2017 Report

General Business cont’d ITEM 8.6 APPLICATION FOR PARK NAMING - DIVISION 12 (A16370011) Cr Adrian Raedel tabled an Application to Name Park or Recreation Reserve Under Council Control dated 12 December 2017 received by Tammy Joyce, proposing a park naming in memory of the late Mrs Jenny Fourez. Cr Raedel and Cr Adam Hain both provided their strong support for the proposed park name, honouring Mrs Fourez. COMMITTEE RECOMMENDATION

Moved by Cr Adrian Raedel Seconded by Cr Adam Hain CARRIED 13/0

That the application regarding a request for park naming in memorial of Jenny Fourez be received. CLOSURE There being no further business the Chairperson closed the meeting at 11.25am.