of the city planning committee meeting · city planning committee meeting 10 february 2016 2...

712 Adopted Report

of the

City Planning Committee Meeting held

Wednesday 10 February 2016

at

9am

City of Gold Coast Council Chambers 135 Bundall Road, Surfers Paradise

Index

Adopted Report of 712 City Planning Committee Meeting

Wednesday 10 February 2016 at 9am

Item Direct

Div: File Page Subject

City Development Branch 1

P&E 9

PN132613/01/DA1(P1) 5 Development Permit For Material Change Of Use (Impact Assessment) For Wedding Facility – Lot 3 On RP161135 – 390 Austinville Road, Austinville

2

P&E 1

PN327963/02/DA2 75 Development Permit For Reconfiguring A Lot For A Three (3) Lot Subdivision And Park For Stormwater Purposes - Lot 3 On SP254376 -Peachey Road, Yatala – Division 1

3#

P&E 2

PN163518/01/DA1 149 Material Change Of Use (Impact Assessment) For Outdoor Sport And Recreation (Wakeboard And Cable Ski Facility) - Lot 2 On RP55123 , Lot 2 On WD6110 , Lot 11 On SP258752 - 34 Maudsland Road And Killarney Court, Oxenford

4

P&E 7

PN335481/01/DA3

252 Material Change Of Use Mixed Use For 47 Storey Mixed Use Development Including Apartment, Shopping Centre Development, Office And Indoor Recreation Facilities - Lot 99 On SP257718 - 122 Ferny Avenue, Surfers Paradise

5

P&E

PD97/-/-(P17) 380 Special Delegation Items Decided During The Council Recess Period Between December 2015 And January 2016

6#

P&E 10

PD1295/76/03/01(P1) 382 City Place Making - Place Based Master Plan For Broadbeach Core Business Centre

City Planning Branch

7 P&E PD113/81/11/02(P1) 415 Building our City – Southport PDA 2015 Baseline Report

8 P&E PD113/1303/05(P1) 462 Commencement of Coastal Management Districts

712th Council Meeting 16 February 2016 City Planning Committee Meeting 10 February 2016

2 Adopted Report

Item Direct Div: File Page Subject

City Planning Branch (cont'd) 9

P&E

PD98/1132/01/06 467 Local Government Infrastructure Plan (LGIP): Extension of Time for Completion of Local Government Infrastructure Plan

Business Support Branch

10 P&E PD113/1045/01/06 520 State Government Planning Reform Agenda – Planning Bills 2015

#Officer’s Recommendation changed by Committee KEY: CEO - Chief Executive Officer GCW - Gold Coast Water CMS - Community Services OS - Organisational Services EDMP - Economic Development & Major Projects P&E - Planning & Environment CI - City Infrastructure


3 Adopted Report

ADOPTION BY COUNCIL 16 FEBRUARY 2016 RESOLUTION G16.0216.012 moved Cr Caldwell seconded Cr Bell That the Report of the City Planning Committee’s Recommendations of Wednesday, 10 February 2016, numbered CP16.0210.001 to CP16.0210.010, be adopted with the exception of:- Recommendation Numbers CP16.0210.001

CP16.0210.002 and CP16.0210.007 which were specifically resolved.

CARRIED UNANIMOUSLY

ATTENDANCE Cr C M Caldwell Chairperson Cr A J D Bell Cr G J Betts Cr D Gates Cr W M A Owen-Jones Cr P A Taylor Cr G M Tozer (Visitor) Mrs D Currie Director Planning & Environment Ms A Swain Manager City Development Ms K Mahoney Manager City Planning Mrs Z Meha Manager Business Support APOLOGY/LEAVE OF ABSENCE PROCEDURAL MOTION moved Cr Owen-Jones seconded Cr Taylor That the apology of Cr Robbins be received. CARRIED PRESENTATIONS Nil


4 Adopted Report

ITEM 1 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1)

Refer 13 page attachment

1 OVERVIEW Site address 390 Austinville Road, Austinville Application description

Development Permit for Material Change of Use (Impact Assessment) for Wedding Facility.

Decision due date 19 February 2016

Proposal

The proposal is to establish a Wedding Facility within a new building on the site. It is intended to conduct weddings Friday, Saturday and Sundays, and potentially one wedding mid-week on occasion. It is envisaged that weddings will comprise of 50 to 80 guests, with a larger gathering of up to 120 guests occurring infrequently (no more than one per year). The wedding event will operate between the hours of 1pm to 10.05pm when staff lock-up and leave. The proposed development provides for 52 on-site parking spaces, with a new driveway constructed linking the facility to the Austinville Road frontage.

Main Issues/Resolution

Issue Resolution Compatibility with the intent of the Planning Scheme.

The intent of Rural Domain seeks to ensure the retention and expansion of both existing and new rural economic activities within the City, consistent with the area’s natural values. The scale of the proposed activity is relatively small and is located within a cleared portion of the site ensuring minimal impact upon the landscape character of the site. This allows for the remainder of the site to be continued for use for rural activities. Furthermore the “barn design” of the building reflects the built form of buildings in a rural environment. Therefore, the proposed wedding facility is considered to be consistent with the intent of the Rural Domain.

The suitability of the road leading to the wedding facility due to the increase in traffic resulting from the facility.

A traffic engineering assessment report was submitted with the application. The report states that Austinville Road has a capacity to carry up to 1,000 vehicles per day, demonstrating the additional traffic can be adequately accommodated on Austinville Road. Council’s Transport Assessment Section supports the findings within the report.


5 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1)

Noise from the facility may affect the peace and tranquillity of the area.

The applicant has submitted a Noise Impact Report outlining measures to be undertaken in order to avoid any adverse impact upon the amenity of residential properties in the surrounding area. The report has taken into account the impact of the activities undertaken as part of the functioning of the facility. Conditions of approval have been included within the Officer’s recommendations relating to the design, construction and operation of the facility to ensure that there are no adverse impacts upon amenity of nearby residential properties.

The facility could be expanded in the future with no public consultation.

Any changes or expansion to the wedding facility shall be assessed against the provisions of the relevant planning instrument in force at the time of any future application.

Submissions

Objections Support 18 properly made objections 2 not properly made objections

9 properly made ‘in support’ 9 not properly made ‘in support’

Key issues raised by submitters

The key issues raised by the submitters relate to the following matters:

• Proposed wedding facility not in keeping with intent of the Planning Scheme.

• The road leading to and from the facility is unsuitable for the heavy traffic volume the facility will generate.

• Noise from the facility will affect the peace and tranquillity of the area. • The facility will take business away from other similar businesses in

the area. • The facility will be expanded in the future with no public consultation.

Referral agencies

Third Party Advice The proposal was referred to Energex as a Third Party Advice as the subject site contains overhead 11kV powerlines. Energex has provided advice in relation to the location of vehicle access paths and vegetation planting in order to ensure that a satisfactory clearance from the proposed development to the existing electricity wires are maintained in accordance with the Electrical Safety Regulations 2013.

Officer’s recommendation Approval


6 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT 7 PLANNING ASSESSMENT

7.1 Assessment against City Plan 7.2 Assessment against Gold Coast Planning Scheme 2003

8 SOUTH EAST QUEENSLAND REGIONAL PLAN 9 INTERNAL REFERRALS

9.1 Health and Regulatory Services 9.2 Transport Assessment 9.3 Subdivision Engineering 9.4 Plumbing and Drainage 9.5 Environmental Assessment 9.6 Hydraulics and Water Quality 9.7 QLD Fire Rescue 9.8 Landscape Assessment 9.9 Geotechnical Engineering

10 EXTERNAL REFERRALS 10.1 Advice agencies

11 DEVELOPMENT INFRASTRUCTURE 12 PUBLIC NOTIFICATION 13 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 14 CONCLUSION 15 NOTIFICATIONS 16 RECOMMENDATION 2 EXECUTIVE SUMMARY City of Gold Coast is in receipt of a Material Change of Use (Impact Assessment) application for a Development Permit to establish a Wedding Facility on the subject site located at 390 Austinville Road, Austinville also described as Lot 3 on RP161135.

The proposal has been assessed against the Rural Domain, Landscape Work Development code, Car Parking, Access and Transport Integration Constraint code, Natural Wetland Areas and Natural Waterways Constraint code; Bushfire Management Areas Constraint code and Unsewered Land code. Alternative solutions are proposed in relation to size and standard of parking spaces; provision of loading and set-down areas for service vehicles and the provision of on-site parking.


7 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) Thirty-eight (38) submissions, including twenty (20) objections (eighteen (18) ‘properly made’ and two (2) ‘not properly made’), along with eighteen (18) in-support (nine (9) ‘properly made’ and nine (9) ‘not properly-made’) were received as part of the public notification process. All aspects of the submissions have been taken into account in the recommendation and detailed within the report.

It is recommended that the proposed development be approved subject to the imposition of reasonable and relevant conditions.

3 APPLICATION INFORMATION Real property description Lot 3 on RP161135 Applicant Darren and Tracey Cash C/- Planit Consulting. Owner at time of lodgement Ian Hinze, Wayne Hinze, Barry Hinze, Janice Wharton,

Peter Hinze and Paul Hinze Current owner Ian Hinze, Wayne Hinze, Barry Hinze, Janice Wharton,

Peter Hinze and Paul Hinze Site area 609300m2 Date application received 16 September 2015 Date entered decision 26 November 2015 Domain Rural Domain City Plan Rural zone (Rural landscape and environment precinct) Decision type Development Permit for Material Change of Use

(Impact Assessment) for Wedding Facility.

4 BACKGROUND Not Applicable.

5 PROPOSAL The proposal seeks to conduct weddings each Friday, Saturday and Sunday, and occasionally one wedding mid-week within a new “barn design” building to be constructed on the site. An open-air carpark will be established to cater for 52 vehicles. The weddings will typically comprise of 50 to 80 guests, with larger gatherings of up to 120 guests occurring very infrequently (no more than once per year). Six (6) staff members will be employed to run the facility. The applicant also proposes to provide a mini-bus for the collection of patrons. It is anticipated that an event will generally operate as follows:

1.00 PM - Bus picks up guests from designated point; 1.45 PM - Bus arrives at property; 2.30 PM - Ceremony begins; 3.00 PM - 5.00PM - Guests mingle under the barn awning and surrounding grassed area; 5.00 PM - Reception begins inside the barn (doors closed with air conditioning); 8.30 PM - Elderly and non-drinking drivers begin to leave; 9.55 PM - Wedding finishes. Patrons board bus under staff supervision at the barn door and bus leaves; 10.05 PM - Staff lock-up and leave.


8 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) All waste generated by the wedding facility will be stored in a secure and screened set location with the operator of the wedding facility transporting it to the local waste collection facility.

A new driveway will be constructed linking the proposed wedding facility to the Austinville Road frontage.

Proposal Layout

6 SITE & ENVIRONMENT

The subject site is a rectangular shaped lot with frontage to Austinville Road. The site rises up from the road frontage, plateauing on a ridge where the existing dwelling and sheds are located. The land falls away from the dwelling in a north-westerly direction into a gully area where a creek runs through the site. There is a portion of relatively flat land adjoining the creek where the proposed wedding facility is to be located.

The site has been largely cleared of vegetation, with the exception of the south-western portion and the area through which the proposed driveway is to be located. It is noted that some cattle are still kept on the site. The applicant states that all existing vegetation will be maintained as part of this development application. Access is currently provided along the northern boundary leading up to the existing dwelling on the site. It is noted that there is also an informal driveway running through a cluster of trees up into the lot. It is intended to formalise this driveway and extend it into the site to service the proposed wedding facility.

The surrounding area consists of similarly sized allotments which are heavily vegetated in many instances. To the northwest of the site is the Springbrook National Park.


9 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant: the State planning regulatory provisions South East Queensland Regional

Plan 2009-2031 State Planning Regulatory provisions

the regional plan for a designated region The subject site is located within the Regional Landscape and Rural Production Area of the South East Queensland Regional Plan 2009-2031.

State planning policies (unless appropriately reflected in any relevant regional plan or planning scheme)

Not Applicable

a structure plan Not Applicable for development in a declared master planned

area—all master plans for the area Not Applicable

a temporary local planning instrument Not Applicable an earlier preliminary approval to which section

242 applies Not Applicable

a planning scheme Not Applicable the infrastructure charge resolution or the priority

infrastructure plan. Refer Section (11) for infrastructure charges applicable

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

• the common material The common material submitted has been assessed and referenced where applicable within the report

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

See ‘Site and Environment’ section above

• any referral agency’s response for the application Not Applicable 7.1 City Plan Pursuant to the City Plan the best fit land use definition for a Wedding Facility in the City Plan is a Function facility which is defined as:

Premises used for conducting receptions or functions that may include the preparation and provision of food and liquor for consumption on site.

With regards to the City Plan, the subject site falls partially within the Rural zone with the remainder being in Rural zone (Rural landscape and environment precinct). The submitted plans show that the development is largely contained within the Rural zone, however part of the driveway passes through the Rural zone (Rural landscape and environment precinct).


10 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) A Function facility in the Rural zone is listed as impact assessable development and in the Rural zone (Rural landscape and environment precinct) it is an unlisted use. In regards to the City Plan requirements, the provisions of Section 6.2.20.2 of the Rural zone states the following:

(2) The purpose of the code will be achieved through the following overall outcomes:

(a) Land uses –

(v) that do not directly relate to rural production may be considered where they do not conflict with landscape character, rural amenity and the use of the land, or adjoining land for rural production pursuits. These include activities such as Markets, Veterinary services, Community care centres, Crematoriums, Places of worship, Renewable energy facilities, Research and technology industry, Nature-based tourism, Outdoor sports and recreation, Transport depots, Clubs, Function facilities, Tourist attractions, Tourist parks, Major electricity infrastructure, Telecommunications facilities and Utility installations.

Zoning Map

Officer’s Comments In addition to the zoning provisions, the City Plan identifies the site as being subject to the provisions of the Bushfire Hazard, Environmental significance (Biodiversity areas, Priority Species, Vegetation management, Wetlands and watercourse) and Landslide hazard overlays. As discussed further within the context of this report these aspects of the proposal have been reviewed by Council Officers and it is considered that the proposed development on the site will not be affected by the identified constraints.


11 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) The subject development application was lodged with Council on 16 September 2015 and entered the decision making period on 26 November 2015. The assessment of the development application has been made against the 2003 Gold Coast Planning Scheme, being the planning scheme in force at the time of the decision making period commencing. Notwithstanding the above statement, the establishment of a “Function facility” on the site will not be contrary to the future development pattern envisaged within The City Plan. An assessment of the proposal has demonstrated that it can be established on the site without compromising the landscape character, rural amenity and the use of the land. 7.2 Assessment against Gold Coast Planning Scheme 2003

Place code Constraint code Specific development code Rural Domain Car Parking, Access and

Transport Integration; Natural Wetland Areas and Natural Waterways; Bushfire Management Areas; Unsewered Land

Landscape Work

Relationship to the Rural Domain Place Code Pursuant to the Planning Scheme, the proposed land use is unlisted which triggers impact assessment pursuant to Table of Development A (Material Change of Use).

The intent statement for the Rural Domain reads:

The purpose of this domain is to support the provision of a wide range of rural activities and legitimate rural economic activity within suitable hinterland areas, whilst protecting nature conservation, open space and landscape interest values of the land. This domain seeks to ensure that Good Quality Agricultural Land is protected as an important natural resource and is used in a sustainable manner.

The domain seeks to ensure the retention and expansion of both existing and new rural economic activities within the City, consistent with the area’s natural values. The domain supports a variety of community services and facilities to provide for the needs of rural residents and for visitors to the rural areas.

Key objectives include ensuring that the rural areas of the City are developed and maintained to support a wide range of rural activities while: • preserving the landscape character and important topographical features of these parts

of the City; • maintaining nature conservation values within the domain by promoting the

conservation of wildlife and wildlife habitats; and • protecting rural areas from encroachment by urban activity. Applicant’s Comments In regards to meeting the intent of the Domain the applicant has provided the following comments:


12 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) “It is considered that the proposed Wedding Facility / Reception area will stimulate the regional and local tourism industry ‘Function facility’ by attracting visitation from residents within South East Queensland and Northern New South Wales. The proposal is not considered to conflict with surround rural land use characteristic of the Austinville locality. In accordance with the SEQRP regulatory provisions, the proposed facility provides a positive contribution to the rural economy. The proposal supports a diversified economic product that does not compromise the rural land use value of the site. The wedding facility is not anticipated to impact upon the City’s and/or localities natural environmental values.

Rural Domain’s Table of Development (A) lists a range of tourist and commercial land uses as code and impact assessable development. This includes Bed and Breakfast, Café, Convenience Shop, Ecotourism Facility, Minor Tourist Facility, and Tourist Cabins. This indicates that some tourist/commercial activity is envisaged within the Rural Domain.

As such, it is presented that the proposed use will not adversely impact the natural values, amenity, or rural landscape of the site or surrounding area. The proposal is an appropriate land use for the locale.” Officer’s Comments Council Officers generally concur with the applicant’s comments. The intent of the Rural Domain seeks to ensure the retention and expansion of both existing and new rural economic activities within the City, consistent with the area’s natural values. In this regard it is acknowledged that whilst a wedding facility is not listed as a land use within the Table A: Material Change of Use of the Rural Domain, the size and scale of the proposed wedding facility is consistent with the outcomes expected as part of the intent of the Rural Domain.

The application material also states that the locality was specifically chosen in order to provide for an attractive rural setting for weddings. The facility will also be located within a portion of the site that has been cleared in the past ensuring minimal impact upon the landscape character. The “barn design” of the building will also serve to reflect and complement the existing ‘built form’ within the locality.

Given the relatively small area required for the proposed facility, the remainder of the site can continue to be used for rural activities. A site inspection has highlighted that the land is currently being utilised for cattle grazing.

Therefore for the reasons outlined above, it is considered that the proposal satisfies the intent of the Rural Domain. Compliance with the Rural Domain code The proposed development is considered to comply with the Code’s acceptable solutions and performance criteria. The proposed wedding facility has been designed to comply with the building height, site coverage and building setback provisions.


13 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) In addition the provisions of Performance Criteria 10 and Performance Criteria 11 provides for the following:

Performance criteria Acceptable solution PC10 The proposed use must not detract from the amenity of the local area, having regard, but not limited, to the impact of: a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity; g) privacy; h) odour and emissions.

AS10 No acceptable solution provided.

PC11 The proposed development must take into account and seek to ameliorate any negative aspects of the existing residential amenity of the local area, having regard, but not limited, to the existing impact of: a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity; g) privacy; h) odour and emissions.


Officer’s Comments

In regards to the above provisions the following comments are provided: • The applicant has submitted a Noise Impact Assessment report which has been

reviewed by Council’s Environmental Health Officers, with the following comments provided:

“An Acoustic Report prepared by “CRG Acoustics” dated 2 September 2015 (Reference: 15111 Report) was submitted with the application. The acoustic report outlines estimated noise levels for activities intended to be carried out within this particular site. The acoustic report confirmed that compliance with the applicable noise criteria will be achieved except for the combined impact of car doors, car and bus movement at R1 dwelling 373 Austinville Road which exceeds the 30 dB limit by 1dB. Within the discussion of the acoustic report it outlines that this exceedance is not significant, as the average person cannot detect less than a 3dB difference in noise level. This is deemed acceptable.


14 Adopted Report


The acoustic report also provides an indication of potential noise impact levels of likely onsite mechanical plant however these are merely a guide as no plant selections have been completed and recommends that further assessment of the chosen mechanical plants should be undertaken prior to building approval. Therefore an additional condition is provided regarding mechanical plant.

Please be advised that the Acoustic Report has been assessed by the reviewing officer and is deemed adequate.” Conditions of approval have been provided and are included within the Officer’s recommendation requiring the development to be designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report. In addition the activity is permitted to be undertaken only between the hours of 1pm to 10.05pm.

An assessment of the proposal has demonstrated compliance with the applicable performance criteria. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code.

Compliance with the relevant specific development code Landscape Work Code The proposed development is considered to comply with code’s acceptable solutions and performance criteria. The applicant has submitted a Statement of Landscape Intent (SLI) being “Sheets 1 – 3, Revision 01”, date OCTOBER 2015, prepared by Planit Consulting. The landscaping plan has been reviewed and accepted by Council’s Landscape Planner. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code. Compliance with the relevant constraint codes and overlay Car Parking, Access and Transport Integration Constraint Code The subject application has been assessed against the applicable acceptable solutions and performance criteria of the abovementioned code.

The proposal complies with all of the constraint code’s acceptable solutions and Performance criteria, except as follows:

Performance criteria Acceptable solution PC3 All car parking spaces must be constructed and line marked to the correct size and standard.

AS3.1 All car parking spaces and facilities are constructed, sealed, line marked and maintained in accordance with the layout requirements of AS2890.1 – Parking Facilities Part 1: Off Street Car Parking and AS2890.2 – Off Street Parking Part 2: Commercial Vehicles.

AS3.2 Where the development includes a combination of low turnover and high turnover car spaces, the parking spaces and aisles are designed to the high turnover or Class 3 requirements in AS2980.1 – Parking Facilities Part 1: Off Street Car Parking.


15 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) Officer’s Comments Compliance with the above-mentioned Acceptable Solutions has been reviewed by Council’s Transport Impact Assessment Section, with the following comments provided:

“In accordance with Section 2.4.2(c) of AS2890.1, where blind aisles exceed a length of 6 (90-degree) parking spaces, provision must be made for vehicles to turn-around. Three of the aisles now represent dead-end aisles, with no turn-around provision. This is considered to create an unnecessary inconvenience for guests. It is also not desirable for vehicles to reverse (over long distances) in this vicinity in the event that all parking spaces are occupied. In addition, blind aisles must be extended 1 metre beyond the last parking space to provide adequate room for vehicles to manoeuvre to/from parking spaces. Aisle extensions have not been provided. It also appears that aisles do not meet the minimum width requirement (from AS2890.1) to provide adequate room for vehicles to manoeuvre to/from car parking bays. A minimum aisle width of 5.8 metres is required behind all parking bays. While dimensions have not been provided, it appears that aisles are narrower than the 5.5 metres length of bays.

An amended plan condition will be included requiring the parking layout to be amended to achieve AS2890.1 design standards, to ensure compliance with PC3 is achieved.”

In regards to the above performance criteria, a condition of approval has been included within the Officer’s recommendations requiring the submission of amended plans in order to ensure that all on-site parking spaces are constructed in accordance with the correct size and standard.

Performance criteria Acceptable solution PC13 Development must make provision for loading bays and set down areas for the: a) collection and set down of passengers; b) parking of trailers; c) service vehicle parking; and d) loading and unloading of goods.

AS13 Loading and set down areas are provided consistent with the AS2890.2 – Off Street Parking Part 2: Commercial Vehicles.

PC14 Development must provide for the required 'design service vehicle' to service the development.

AS14.1 Provision is made for service vehicles, in accordance with the Table to Acceptable Solution AS14.1.

Acceptable Solution As a ‘Wedding Facility’ is not defined in the Planning Scheme, there is no Acceptable Solution prescribing service vehicle requirements. Servicing requirements are instead tested against the requirements of Performance Criteria 13 and Performance Criteria 14. Officer’s Comments This aspect of the proposal has been reviewed by Council’s Transport Impact Assessment Section with the following comments provided:

“The applicant has not identified any servicing needs for the development. This is on the basis that the only ‘deliveries’ would consist of catering supplies (food and drinks), which would generally be picked up and brought to site by staff.


16 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) The applicant also advises that waste will be removed from the site by the facility operator and disposed of at an off-site facility (waste transfer station). Therefore, there will be no requirement for a waste vehicle to access the site.

Transport officers presume that there may be a requirement from time for time for decorations, musicians' instruments, etc to be brought to site. A drop-off area is proposed in direct proximity to the venue to facilitate this. In any case, it is assumed that such deliveries would occur via standard passenger vehicles. A condition will be applied requiring that all loading/unloading (including persons and objects) is to occur on-site, with all vehicles entering and exiting the site in a forward direction.”

It is therefore considered for the reasons outlined above, the proposed activity satisfies the intent of the applicable performance criteria. A condition of approval has been provided and included within the Officer’s recommendations that require that all loading and unloading of vehicles servicing the development is conducted wholly within the site.

Performance criteria Acceptable solution PC16 Sufficient car parking spaces must be provided to meet the car parking needs of the development. The number of car parking spaces provided must be consistent with the practical opportunities available for shared car parking provision and the operation of alternative transport modes to private motor vehicles. Car parking design contributes to delivering development with a built form that is robust and flexible, allowing adaptation or delivering development over time to a variety of uses, increased densities or increased employment intensity.

AS16.1 Car parking is provided in accordance with the number of spaces required for the specific use listed in the Table to Acceptable Solution AS16.1.

Officer’s Comments The proposal, including the submitted Traffic Engineering Assessment report has been reviewed by Council’s Transport Assessment Department and the following comments are provided: “Acceptable Solution ‘Wedding Facility’ is not defined under the Gold Coast Planning Scheme. There is therefore no parking rate specified for such use. The applicant is required to demonstrate the likely parking demand generated by the development. This is detailed in the following section.

Performance Criteria The application states that typically 50-80 people are expected to attend weddings on-site, with occasional larger groups (up to 120 people) “no more than once per year”. The submitted Traffic Engineering Assessment (Rytenskild Traffic Group, dated 11 September 2015) references a maximum attendance level of 160 persons. This is inconsistent with the application material (Town Planning report). In any case, it is understood that a condition limiting the development to a maximum of 120 patrons at a time.


17 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) The applicant’s Traffic Engineer has assumed a typical vehicle occupancy rate of 2.5 people per vehicle. Given the nature of use, Transport officers consider it reasonable to assume a rate of 2-2.5 people per vehicle. Based on typical operation (50-80 people), this equates to 20-40 vehicles, and based on maximum occupancy (120 people), this equates to 48 – 60 vehicles. Plans show provision for 52 car parking spaces for the Wedding Facility. This quantum is expected to be more than adequate for typical operation. During maximum occupancy, there may be some requirement for vehicles to overspill the formal car parking area. However, this would represent a small number of vehicles (up to 8), and given the large site area, there is considered to be adequate room to accommodate this infrequent occurrence. Compliance with PC16 is deemed to be achieved.

It is noted that the application material states that guests would typically be transported to/from the site by bus (assumed to be a mini bus, similar to a Toyota Coaster). Based on the maximum number of guests (120) and the resulting trip generation (typically 20-40 cars IN and 20-40 cars OUT per event) Transport Assessment has no objection to guests arriving by private vehicle (this volume of traffic remains well within the road capacity). In Transport’s opinion, there is no need to restrict private vehicle usage in association with the proposed development. Additional traffic will be limited (to a degree) by Town Planning limiting the number of guests per event.

Having said this, Transport Assessment has no objection to the use of a mini bus in association with the proposed development. In Transport officer’s opinion, the roads providing access to the site are suitable for this vehicle type.

It is therefore considered that the proposed development satisfies the intent of Performance Criteria 16 and is considered to demonstrate an acceptable outcome having regard to the parking requirements. Where required, suitable conditions have been included in the officer’s recommendation to ensure the development’s on going compliance with this code.

Natural Wetland Areas and Natural Waterways Constraint Code The proposed development is considered to comply with Code’s acceptable solutions and performance criteria. The proposed wedding facility is setback greater than 40 metres from the closest creek/waterway. The application has been reviewed by Council’s Environmental Planning Officer with suitable conditions have been provided which are included in the officer’s recommendation to ensure the development’s on going compliance with this code. Bushfire Management Areas Constraint code The proposed development is considered to comply with Code’s acceptable solutions and performance criteria. The applicant has submitted a Bushfire hazard assessment and mitigation plan which has been reviewed and accepted by Council’s Bushfire Management Officer. Suitable conditions have been provided which are included in the officer’s recommendation to ensure the development’s on going compliance with this code.

Unsewered Land Constraint Code The proposed development is considered to comply with Code’s acceptable solutions and performance criteria. The applicant has submitted an On-site Wastewater Management Report which has been reviewed and accepted by Council’s Plumbing and Drainage Officer. Suitable conditions have been provided which are included in the officer’s recommendation to ensure the development’s on going compliance with this code.


18 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) Desired environmental outcomes and/or land use themes

DEO Ecol.1 Desired environmental outcome Ecol.1 seeks the conservation of areas containing native vegetation of international, national, state, regional or local significance, and of other natural ecosystems, to ensure maintenance of the city's biodiversity and natural landscape values.

This outcome is supported by the following Planning objectives: Ecol.1.4 - to provide adequate buffer areas to further protect ecologically significant areas from the impacts of adjacent development. Ecol.1.5 – to preserve visually significant natural areas and physical features, predominantly in their natural state. Ecol.1.6 - to minimise disturbance to natural landscapes and ecologically significant areas, in areas where development is permitted.

DEO Econ.1 Desired environmental outcome Econ.1 seeks the provision of an efficient land use pattern that is conducive to business activity, and attractive for new business opportunities, particularly those that complement existing or emerging business activity and those that offer opportunities for sustainable new businesses which diversify the existing economic base of the city.

This outcome is supported by the following Planning objectives:

Econ.1.3 to protect and maintain opportunities for continuing investment in rural based industries, including: • agriculture; • forestry; • fishing; • aquaculture; and • extractive industry.

DEO Soc.5 Desired environmental outcome Soc.5 seeks the maintenance of residential amenity, through the minimisation of any environmental harm or adverse social impacts occurring from the construction and operation of commercial, community, tourism, industrial and extractive industry activities.

This outcome is supported by the following Planning objectives:

Soc.5.1 - to ensure that land uses that have the potential to conflict with residential amenity are adequately separated and/or buffered from residential areas.

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

Officer’s Comments In respect to the above-mentioned Desired Environmental Outcomes it is considered that the proposed facility is consistent with the relevant desired environmental outcomes. The development is of a relatively small scale located in a cleared portion of the site, and within a gully area, ensuring the proposal does not dominate the natural landscape or impact upon any ecological features on the site. The location of the proposed facility will allow for the remainder of the site to be utilised for rural land use purposes which currently is cattle grazing.


19 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) In addition, adequate measures through the design/construction of the building to the standards identified within the submitted acoustic report will be undertaken to ensure that the proposed development does not compromise the amenity of nearby residential dwellings. 8 SOUTH EAST QUEENSLAND REGIONAL PLAN The South East Queensland Regional Plan 2009–2031 identifies the subject site as being located within the Regional Landscape and Rural Production Area, refer image below:

In accordance with the current Regulatory Provisions, the proposal is most accurately defined as indoor recreation. The regulatory provisions provide the following definition for indoor recreation:

• indoor recreation means an activity limited to indoor sport, recreation and entertainment purposes. It includes an indoor sport and function centre facility, wedding chapel, restaurant, tavern with associated short term accommodation and an incidental commercial and retail activity.

In order to establish the facility outside of the urban footprint, the proposal must comply with the following provision relevant to the use:


20 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) The Regional Landscape and Rural Production Area identifies land with regional landscape, rural production or other non-urban values. It protects this land from inappropriate development, particularly urban or rural residential development. The regulatory provisions support diversification of rural economies by allowing a range of developments, including: • small to medium scale tourist activities; • small-scale industry and business activities. • Sport and recreation facilities.

The proposed facility is considered to be consistent with the subject intent as the development will be a low-scale business activity set with in a rural environment. The proposed building is designed to reflect the built form of existing buildings within the area. 9 INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 24 September 2015.

List of available referrals for reference Health and Regulatory Services

Transport Assessment

Subdivision Engineering

Open Space Assessment

Architect

Gold Coast Water

City Infrastructure

Plumbing and Drainage

Environmental Assessment

Operational Works

Hydraulics and Water Quality

Qld Fire and Rescue (Bushfire)

Arborist

Landscape Assessment

Beaches and Water

Geotechnical Engineering

Social Planning

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

9.1 Health and Regulatory Services Health and Regulatory Services have reviewed the application including the submitted noise impact report prepared by CRG Acoustic, titled “Proposed Function Centre: 390 Austinville, Austinville – Environmental Noise Impact Report”, dated 2 September 2015 (Reference No. 15111 Report). Having reviewed the report, Council’s Health Officers are satisfied that the development undertaken in accordance with the submitted report will not result in any adverse impact upon the amenity of the surrounding environment. In order to ensure the facility is constructed in accordance with the submitted report a condition of approval has been recommended and included within the Officer’s recommendations requiring that prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.


21 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 9.2 Transport Assessment The proposal has been reviewed by Council’s Transport Impact Assessment Section. All transport related aspects of the proposal, including the impact upon Austinville Road of the additional traffic generated, have been discussed within the context of this report. Suitable conditions have been included within the officer’s recommendation to ensure impacts on the road network are adequately mitigated.

9.3 Subdivision Engineering Council’s Subdivision Engineering Officers have reviewed the proposed development and conditions of approval have been recommended in relation to the provision of electricity services, which are included in the Officer’s recommendations.

9.4 Plumbing and Drainage The proposal has been reviewed by Council’s Plumbing and Drainage Officer who has provided conditions of approval requiring the submission of a compliance permit for sewerage works and water supply services. In addition the applicant has submitted an On-site Wastewater Management Report which has been reviewed and accepted by the Plumbing and Drainage Department. The recommended conditions have been included within the Officer’s recommendations.

9.5 Environmental Assessment The proposal has been reviewed by Council’s Environmental Planning Officer who has provided conditions of approval and an advice note stating that should further applications for development be made over the site then the waterways onsite may be subject to restoration and the placement of an environmental covenant. The advice note has been included as part of the Council Officer’s recommendations. It is further noted that the proposed works are to be undertaken in an area of the site that has been cleared in the past therefore does not require the removal of any vegetation.

9.6 Hydraulics and Water Quality

The proposal has been reviewed by Council’s Hydraulics Officer who has provided conditions of approval in relation to stormwater management and sediment and erosion control measures.

9.7 QLD Fire & Rescue The proposed development is considered to comply with Code’s acceptable solutions and performance criteria. The applicant has submitted a Bushfire hazard assessment and mitigation plan which has been reviewed and accepted by Council’s Bushfire Management Officer. Suitable conditions have been provided which are included in the officer’s recommendation to ensure the development’s on going compliance with this code.

9.8 Landscape Assessment The applicant has submitted a Statement of Landscape Intent (SLI) being “Sheets 1 – 3, Revision 01”, date OCTOBER 2015, prepared by Planit Consulting. The landscaping plan has been reviewed and accepted by Council’s Landscape Planner. Conditions of approval have been provided requiring the submission of a development permit for operational work (landscape work), which are included within the Officer’s recommendations.


22 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 9.9 Geotechnical Engineering The proposal has been reviewed by Council’s Geotechnical Engineer who has provided a condition of approval requiring that the applicant submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the site will achieve a slope instability hazard rating of ‘Low’ or better, adequate geotechnical and drainage measures have been incorporated in the design to ensure long-term stability of the site (70 years minimum); and that the proposed development will not adversely affect the stability and integrity of the adjacent properties, buildings and infrastructures. The recommended condition has been included within the Officer’s recommendations.

10 EXTERNAL REFERRALS 10.1 Advice agencies Third Party Advice The proposal was referred to Energex as a Third Party Advice as the subject site contains overhead 11kV powerlines. Energex has provided advice in relation to the location of vehicle access paths and vegetation planting in order to ensure that a satisfactory clearance from the proposed development to the existing electricity wires are maintained in accordance with the Electrical Safety Regulations 2013. 11 DEVELOPMENT INFRASTRUCTURE

Infrastructure charges are calculated in accordance with Council’s Adopted Infrastructure Charges regime. An infrastructure Charges Notice will be attached to the decision notice.

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

In response to the public notification, thirty-eight (38) submissions, including twenty (20) objections (eighteen (18) ‘properly made’ and two (2) ‘not properly made’), along with eighteen (18) in-support (nine (9) ‘properly made’ and nine (9) ‘not properly-made’) submissions were received. The main points of objection are listed, followed by the officer’s comment.


23 Adopted Report


Point of objection Officer’s comment Proposed wedding facility is not in keeping with the intent of the Planning Scheme.

The intent of Rural Domain seeks to ensure the retention and expansion of both existing and new rural economic activities within the City, consistent with the area’s natural values. It is noted that there is a range of commercial activities envisaged within the Domain and the proposed wedding facility is considered to be consistent with the range of activities listed.

The scale of the activity is relatively small and is located within a small portion of the site that has been cleared in the past ensuring minimal impact upon the landscape character and does not require significant modification to the site topography. This allows for the remainder of the site to be continued for use for rural activities. In addition the proposed building reflects the built form of structures in a rural environment.

Furthermore the future direction as outlined within the City Plan identifies the best fit land use definition for a Wedding Facility is a Function facility. As the facility falls predominantly within the Rural zone the provisions of Section 6.2.20.2(2)(a)(v) of the zone states land uses, including function facilities that do not directly relate to rural production may be considered where they do not conflict with landscape character, rural amenity and the use of the land, or adjoining land for rural production pursuits.

The scale and design of the activity is unlikely to result in the proposal conflicting with the landscape character or compromising the rural amenity of the area, thereby is consistent with the future direction envisaged for the area. The imposition of conditions of approval will serve to address concerns raised by submitters.

The road leading to the wedding venue is unsuitable for the heavy traffic volume the facility will generate and will create safety issues.

This matter has been reviewed by Council’s Transport Impact Assessment section, with the following comments provided: “Austinville Road, between Gold Coast-Springbrook Road and the subject site, is generally dual-lane, with a 6m wide pavement and centre linemarking. There are localised narrow points, due in most part to environmental constraints, including bridging structures. Where the road narrows, there is sufficient room within the shoulder to allow two cars to pass. Austinville Road has a posted speed limit of 60 km/h, with advisory speed signs (40 km/h) located on approach to bends or narrow points to advise motorists to slow down. The road pavement is generally in good condition.

Austinville Road generally has the alignment of a Rural


24 Adopted Report


Collector Street, which can carry up to 1,000 vehicles per day, in accordance with Council’s Land Development Guidelines (Standard Drawing No. 05-02-003).

Austinville Road currently carries in the order of 500 vehicles per day in the vicinity of the Springbrook Road intersection, and 100 vehicles per day in the vicinity of the site.

Based on a maximum patronage of 120 people (typical patronage of 50-80), the proposed development is expected to generate in the order of 40-60 vehicle trips, twice a day (on event days) i.e. up to 120 additional vehicle movements on Austinville Road. Based on current traffic volumes, this would result in up to 620 vehicles per day at the Springbrook Road intersection, and 220 vehicles per day in the vicinity of the site. Given Austinville Road has a capacity to carry up to 1,000 vehicles per day, the anticipated development traffic will be amply accommodated on Austinville Road. It is also noted that events will typically occur from 1pm – 10:05 pm, which does not coincide with the typical road peak. The development does not warrant any road upgrade or improvement works.

It is further noted, as discussed above, that the development is expected to generate predominantly standard passenger vehicle traffic, as there are limited servicing requirements. Any catering needs will be facilitated by staff, with food and drink picked up by staff and brought to the site, and waste will be removed from the site by staff. Therefore, the development will not require access by a waste collection vehicle, or other service vehicles. Given that the volume of development traffic can be amply accommodated on Austinville Road, Transport Assessment does not recommend any conditions limiting patron arrivals to mini bus services. It is expected that the vast majority of traffic generated by the site will take the form of passenger vehicles.

Any issues with respect to drivers not adhering to speed limits is an enforcement issue (to be dealt with by Queensland Police), and is outside of Council’s jurisdiction.”

To assist in achieving traffic safety, a condition of approval is recommended requiring the establishment of directional signage, as per the Tourist Roadside Directional Signage Guidelines for Gold Coast City Council-controlled Roads (or equivalent). This will provide ‘advance warning’ for guests that they are nearing the subject site. In addition to the above, it is noted that the area is not


25 Adopted Report


serviced by Council’s waste collection contractor. Therefore, garbage trucks will not service the site. The applicant shall be responsible for the collection and disposal of all waste generated by the activity.

Noise from the facility will affect the peace and tranquillity of the area.

The applicant has submitted a Noise Impact Report outlining measures to be undertaken in order to avoid any adverse impact upon the amenity of other residential properties in the surrounding area. The acoustic report has taken into account the impact of the activities undertaken as part of the functioning of the facility, including the impact of patrons on western deck and amplified music inside, impact car doors, car and bus movement, and patrons talking outside the venue. The acoustic report shows that the predicted noise impacts are compliant with the background creep. Operational practices recommended within the acoustic report are required to be implemented to address patron behavioural noise outside. Conditions of approval have been included relating to the design and construction of the facility to ensure that there are no adverse impact upon amenity of nearby residential properties.

Noise report does not address the impact upon the 368 Austinville Road.

Whilst the Noise Impact Report does not directly address the receiver at 368 Austinville Road, it does address the receiver at 373 Austinville Road, which is closer to the proposed development. The noise impact report demonstrates that the predicted noise levels at 373 Austinville Road are within the acceptable levels of the adopted criteria. Therefore it is considered that as the receiver at 368 Austinville Road is slightly further away the noise levels will also comply with the acceptable levels at this receiver.

Requests that the facility ceases operating by 6pm.

The applicant has submitted a Noise Impact Report which has been reviewed and accepted by Council’s Environmental Health Section. It outlines predicted noise impacts on the closest noise sensitive residents. The report provides recommendations to reduce noise impact and shows compliance with the applicable evening (6pm to 10pm) noise criteria. Compliance with this report as required within the recommended conditions will ensure that the activity will not create any adverse impact upon the surrounding area during evening operational hours.

Impact from vehicles leaving the site at night.

It is not expected that there will be an impact from vehicle headlights leaving the site due to the surrounding environment and the location of the closest residents. The trees/bushland surrounding the property acts as a buffer to help block headlight glare.


26 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) The facility will be used for private functions other than weddings.

The proposal only seeks approval for a “wedding facility”. A “limited scope” condition is recommended, stipulating that the use of the facility is restricted to a “wedding facility” only.

The facility could be expanded in the future with no public consultation.

Any changes or expansions to the wedding facility shall be assessed against the provisions of the planning instrument in place at the time of any future application.

The facility will take business away from other similar businesses in the area.

The proposal has been assessed against the provisions of the 2003 Gold Coast Planning Scheme. There is no ability as part of this assessment for officers to consider whether the proposed activity may or may not undermine any similar uses within the area.

13 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL

Surface Treatment of Car Parking and Vehicular Access Areas Transport Impact Assessment officers would typically require all car parking areas (including access driveways) to be sealed. However, in this instance Transport Impact Assessment officers are conscious of the nature of development proposed in the context of the surrounding environment. Therefore an alternative surface treatment, sympathetic to the local environment, is supported. The surface treatment should prevent/reduce any dust issues and will provide adequate drainage. A compacted gravel surface is considered to be an appropriate option. Accordingly the formation of the driveway and car parking areas to this requirement has been recommended as a condition of approval. Site Identification/ Access Due to Austinville Road being constructed to a rural collector street standard, with a 6 metre pavement, there are few opportunities for vehicles to turn-around, should guests miss the turn-off and continue past the site. For this reason, it is recommended a condition be imposed requiring the installation of advisory (advance warning) signage so that motorists can easily recognise the turn-off point. As this signage would be installed within the Council’s road reserve, an application must be made (by the applicant) to the City’s Transport Management and Operations Branch (City Infrastructure Directorate) for such signage. 14 CONCLUSION It is considered that the proposal generally complies with the performance criteria of the applicable codes and is therefore recommended for approval subject to the reasonable and relevant conditions. All aspects of submissions received have been taken into account, and where possible, conditions have been recommended to address concerns raised. 15 NOTIFICATIONS

Bushfire Management There are development approval conditions applicable in relation to bushfire management on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.


27 Adopted Report

http://www.goldcoastcity.com.au/pdonline

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) Noise/Acoustic There are development approval conditions applicable in relation to acoustic issues on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

Limited scope of the approved use This approval permits the use of facility for wedding related functions only.

Timing At all times.

16 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that:

Real property description Lot 3 on RP161135 Address of property 390 Austinville Road, Austinville Area of property 609300m2 Decision type Development Permit for Material Change of Use

(Impact Assessable) for a proposed Wedding Facility Further development permits Building permit, Plumbing & Drainage, Operational

Works (Landscaping) Further compliance permits Compliance Permit for Water Supply, Compliance

Permit for Sewerage Works Compliance assessment required for documents or works

Not Applicable

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for a Wedding Facility, subject to the following conditions:

1 Limited scope of the approved use

This approval permits the use of facility for only wedding related functions.

Timing

At all times.

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

Rev. Title Date Prepared by 390 Austinville Road, Austinville Queensland.

Proposed Wedding Facility October 2015 Planit Consulting

02 Proposed Site Plan – Wedding Facility. 390 Austinville Road.

October 2015 Planit Consulting

02 Proposal Plans – Wedding Facility. 390 Austinville Road. Car Park Design.


02 Proposal Plans – Wedding Facility. 390 October 2015 Planit Consulting


28 Adopted Report



Austinville Road. 02 Proposal Plans – Wedding Facility. 390

Austinville Road. October 2015 Planit Consulting

02 Proposal Plans – Wedding Facility. 390 Austinville Road. Roofline and Slab + Mezzanine


showing the following amendments: i the car parking layout modified such that blind (dead-end) aisles are

removed/do not exceed the length of 6 (90-degree) parking spaces, in accordance with Section 2.4.2(c) of AS2890.1. Alternatively, where blind aisles are located, provision should be made for vehicles to turn around (designated ‘turn-around’ bays). Blind aisles also require an extension of 1 m beyond the last parking space to assist in vehicle manoeuvring, in accordance with Section 2.4.2(c) of AS2890.1. Additionally, aisles should achieve a width of no less than 5.8 metre to provide adequate room for vehicles to manoeuvre to/from parking bays, in accordance with Figure 2.2 of AS2890.1. Aisles appear to be narrower than 5.5 metre. In making these amendments, plans should demonstrate retention of the same number (or as near to as possible) of proposed car parking spaces on-site.

ii internal stairs linking the ground floor to the mezzanine level. iii location of the waste/wheelie bin storage point to be designed and

constructed in accordance with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011).

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to the earlier of: i The commencement of any works on the site.

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

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

Timing As indicated within the wording of the condition.

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

the project manager and the site owner;

Timing After successful completion of any pre-start inspections required by conditions of this or other development approvals and at least 5 business


29 Adopted Report


d Works intended to be carried out; e The proposed timetable associated with the works,

including expected commencement, duration and completion date.

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

days prior to commencement of any works on site.

5 Resolution of conflict between conditions and plans The conditions of this approval are to be read in conjunction with the attached stamped approved engineering drawings. Where a conflict occurs between the conditions of this approval and the stamped approved engineering drawings, the conditions of this approval shall take precedence.


ADVERTISING DEVICES

6 Advertising device approval required No advertising device is to be erected on the premises without the necessary development permit for operational work (advertising device) and/or approval under Council’s Local Law No. 16 (Licensing) and Subordinate Local Law 16.8 (Advertisement). The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 5092 to discuss approval requirements.


AMENITY

7 Days and Hours of operation All activities associated with the operation of the Wedding Facility are to be conducted as follows: a the use of the facility shall be restricted to Friday,

Saturday and Sunday. b the facility will only operate between the hours of 1pm

to 10.05pm. c the use of the facility shall be restricted to a maximum

of 80 guests, except as following: (i) any event of up to 120 guests shall be restricted

to only one such event per year.

Timing At all times once the use has commenced.

8 Restricted paint colours Buildings and structures must not be painted in highly

Timing


30 Adopted Report

mailto:[email protected]

http://www.goldcoast.qld.gov.au/forms-applications.html



reflective, bright or obtrusive colours and shall be generally in accordance with the coloured plans referenced in Condition (1).

At all times.

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


10 No nuisance from lighting All lighting devices associated with the proposed wedding facility and service driveway must be positioned and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists.


11 Location of equipment and ventilation/refrigeration units All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.


ACOUSTICS

12 Acoustic design and construction a The development, including mechanical plant must be

designed and constructed in accordance with the recommendations outlined in the approved acoustic report by CRG Acoustics dated 2 September 2015 (Reference No. 15111 Report).

b Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

c No amplified music shall be played outdoors at any time in association with the functioning of wedding facility.

Timing Prior to the issue of a development permit for building works.

13 Acoustic compliance report Prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing As indicated within the wording of the condition


31 Adopted Report


14 Noise Complaint Register (a) A Noise complaint register is to be maintained on-site

to record all noise-related complaints, which shall be made available to Council upon request.

(b) Occupants of all dwellings within 900m of the subject site shall be provided with a telephone number of the onsite manager that is in attendance during the functions should there be a noise complaint.

Timing At all times

15 Delivery, cleaning and collection hours (a) All delivery, cleaning and waste collection activities in

association with the wedding facility shall be conducted between the hours of 7am and 6pm.

(b) Empty bottles are to be kept inside the venue in bins, and only transferred to the outdoor bin between 10am and 4pm.

Timing At all times

16 Waste/ Wheelie Bins - storage point The waste/ wheelie bin storage point must be designed and constructed in accordance with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Constructed hardstand area with a solid concrete base

or acceptable equivalent; b Roofed and designed to prevent entry to rainwater; c Graded to fall to a drainage point within the storage

point; d Drainage point connected to sewer in accordance with

trade waste requirements; and e Provided with a hosecock for cleaning.

Timing Prior to the issue of a building approval

17 Waste collection and disposal All waste generated will be collected and transported to the local waste collection facility by the wedding facility operator.

Timing At all times

LANDSCAPE WORKS ON PRIVATE LAND

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

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

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

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

Landscape Intent, being Sheets 1 – 3, Revision ‘01’, Dated October 2015, Prepared by Planit Consulting;

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


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

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

v Demonstrate compliance with the following: A Unless otherwise specified, tree species

must be evergreen canopy trees with a minimum bag size of 100L at the time of planting;

B Feature trees must have a minimum bag size of 200L at the time of planting;

C Palm species must be a minimum 3 metres in height at the time of planting;

D Shrub species must be a minimum 200mm pot size at the time of planting; and

E Screening shrubs must achieve a minimum height of three (3) metres at maturity;

F Screening shrubs must be planted in the landscape garden beds adjacent to the car parking; and

G A minimum one (1) row of screening shrubs must be planted along the rear North-Eastern landscape garden area, adjacent to the proposed building.

19 Planting near powerlines No vegetation is to be planted within 10metres of the outer most projecting powerlines.


BUSHFIRE MANAGEMENT

20 Bushfire management plan must be complied with a All development carried out must be in accordance with

the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire hazard assessment and mitigation plan for a proposed wedding facility and caretakers residence on Lot 3 RP161135 No. 390 Austinville Road Austinville, A 132613, dated 3/08/2015, prepared by Bushland Protection Systems Pty Ltd.

b All measures required by the approved BMP must be implemented prior to the commencement of the use of the premises.

c The approved BMP must be complied with at all times for the life of the development and the use of the premises.



33 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 21 Copy of the complete and approved bushfire

management plan The applicant is required to obtain a copy of the complete approved bushfire management plan (BMP) as described above from the Gold Coast City Council. The approved BMP attained from Council is the sole plan to be complied with and distributed to all landowners.


22 Road design to provide access for fire fighters Roads are to be designed and constructed to provide safe access for fire fighters.


23 Deviations require approval Should any changes to the development or site parameters occur, the applicant is responsible for advising the bushfire consultant to ensure that the bushfire management plan (BMP) is not affected by these changes. This is including but not limited to areas of revegetation, conservation, covenants and retained bushland. Where amendments to the development or site parameters are proposed, an amended bushfire management plan (BMP) that takes into account the changes may be required to be lodged. Any such amended plan will be subject to further assessment and approval.


24 Compliance with the recommendations All recommendations made in response to the bushfire management plan (BMP) by the bushfire consultant or Queensland Fire & Emergency Services (QFES), should be considered as requirements and conditions of approval for this application unless otherwise stated in writing by the Gold Coast City Council. Where there is a conflict, the conditions listed within the BMP apply.


25 Approved bushfire management plan and Council’s decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners. Information note: A notification has been placed on Council’s rates card for the property advising that an approved bushfire management plan is in existence, is available to ensuing owners, and must be complied with by ensuing owners.


CAR PARKING AND ACCESS

26 Off street car parking facilities a Off-street car parking facilities must be designed,

constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in

Timing Prior to the commencement of the


34 Adopted Report


accordance with AS2890.1 (latest version). b Off-street facilities for car parking must only be used for

vehicle parking. c Off-street car parking must be provided in accordance

with the approved plans. d The access driveway must be a minimum of 3.5 metres

wide, and constructed from compacted gravel (or similar).

e Off-street car parking facilities must be drained and linemarked, and constructed from compacted gravel (or similar).

use and at all times.

27 Freely accessible car parking a All car parking must be accessible, not subject to

regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site.

b Car parking for staff and visitors must have no gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.

c Staff and visitor parking must be clearly identifiable through the provision of appropriate signage and line marking. Signage and line marking must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council.

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

28 Loading and unloading a Loading and unloading of a vehicle servicing a

development (including passenger set-down and pick-up), must be conducted wholly within the site.

b A vehicle or vehicles waiting to be loaded or unloaded must stand entirely within the site.

c All vehicles must enter and exit the site in a forward gear.


29 Vehicle access paths Vehicle access paths are to be located a minimum of 10 metres from any power poles and or stays.


30 Directional signage a The applicant is required to submit to Council an

application for directional signage, as per the Tourist Roadside Directional Signage Guidelines for Gold Coast City Council-controlled Roads (or equivalent).

b The application is to be accompanied by a signage plan identifying the proposed location(s) and wording of signage, as follows: i. ‘Advance warning’ directional signage, located on

the northern approach to the Austinville Road /

Timing Prior to the commencement of use.


35 Adopted Report


Unnamed Road intersection, identifying the proposed development (trading name or land use type) and including wayfinding information (eg. turn right in xxx metres). Signage should be located a sufficient distance in advance of the intersection to allow vehicles time to decelerate on approach.

ii Directional signage, located at the intersection of Austinville Road / Unnamed Road, to identify access to the development.

c The application will be assessed by the City’s Transport Management and Operations Branch.

d Signage is to be designed and installed in accordance with QLD Transport and Main Roads’ Traffic and Road Use Management Manual and Manual of Uniform Traffic Control Devices.

e Signage, if approved, is to be installed and maintained at the applicant’s cost, at no cost to Council, and to the satisfaction of the Chief Executive officer.

Advice Note: The relevant application form can be accessed from the City of Gold Coast website. 31 Availability of Mini-bus

The applicant shall have available on-site a mini-bus (or similar) for the transportation of guests to and from the wedding facility.


VEHICULAR CROSSINGS AND DRIVEWAYS

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

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

commercial and multi-unit residential. ii 05-02-604 Rural access and pipe crossings for

table drains. b The applicant must apply for and obtain a licence from

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

satisfaction of the Chief Executive Officer.

Timing Prior to commencement of the use on the site.

TELECOMMUNICATIONS

33 Telecommunications – MCU The applicant must: a Provide underground telecommunications to the

subject building/s, lead-in conduits and equipment

Timing Prior to commencement of the


36 Adopted Report


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

b If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

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

use.

CONSTRUCTION MANAGEMENT

34 Noise management a Noise from construction activities must not cause an

‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by noise.

c The monitoring must be carried out: i by a suitably qualified acoustic engineer; ii at the potentially affected sensitive receptor/s; iii by applying the procedure set out in chapter 5,

part 3 of the Environmental Protection Regulation 2008; and

iv within 5 business days of receipt of the request from Council.

d The data and monitoring results must be provided to Council within 3 business days of completion of the monitoring.

e If the acoustic quality objectives stated in schedule 1, column 3 of the Environmental Protection (Noise) Policy 2008 have been exceeded at a sensitive receptor stated in column 1 at a time of day stated in column 2, a noise management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

f The noise management plan must: i be prepared by a suitably qualified acoustic

engineer; ii provide details of noise sources; iii identify the measures and work practices that will

be implemented to ensure that noise from construction activities does not cause an



37 Adopted Report


‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring of noise emissions;

v provide details of complaint response procedures that will be adopted;

vi identify the procedures to be adopted for revision and review of the noise management plan.

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

35 Dust management a The release of dust and particulate matter from

construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by dust or particulate matter.

c The monitoring must be carried out: i by a suitably qualified professional; ii at the potentially affected sensitive receptor/s; iii by applying the procedure set out in chapter 5,




e If the air quality objectives stated in schedule 1, column 3 of the Environmental Protection (Air) Policy 2008 have been exceeded at a sensitive receptor, a dust management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

f The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate

emissions; iii identify the measures and work practices that will

be implemented to ensure that the release of dust and particulate matter from construction activities



38 Adopted Report


does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring and reporting of air emissions;

v provide details of complaint response procedures that will be adopted; and

vi identify the procedures to be adopted for revision and review of the dust management plan.

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

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

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

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

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

Timing At all times while works are occurring.

37 Workplace health and safety The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road.


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


HYDRAULICS AND STORMWATER MANAGEMENT

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



39 Adopted Report


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

40 Grassed buffer for stormwater management Stormwater from the proposed roof and carparks area must be dispersed through sufficiently wide grassed buffer to mimic the pre-development sheet flow and to facilitate removal of pollutants.


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

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

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

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

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

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

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

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

Timing During construction / building works.

GEOTECHNICAL

42 Geotechnical certification of long-term stability of the site The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the site will achieve a slope instability hazard rating of ‘Low’ or better, adequate geotechnical and drainage measures have been incorporated in the design to ensure long-term stability of the site (70 years minimum); and that the proposed



40 Adopted Report


development will not adversely affect the stability and integrity of the adjacent properties, buildings and infrastructures.

WATER SUPPLY RETICULATION

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

a be accompanied by a hydraulic design for all water services within the property; and

b comply with Section 7 of Council’s Land Development Guidelines.

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

Timing Prior to works occurring.

SEWERAGE

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

works within the property; b comply with Council’s Waste Management Policy

Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note: • Sewerage works must not be carried out until a

compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

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

45 Report from ADG Consulting dated 25/08/15 to be submitted The applicant must submit to Council (Plumbing and Drainage Services) the above report from ADG consulting sewerage evaluator, demonstrating that the proposed on-site sewerage treatment facility and effluent land application



41 Adopted Report


complies with AS/NZS 1547 – On-site domestic sewerage management and the QLD plumbing and waste water code Information note: The operation of the on-site sewerage facility must comply with Council’s Local Law No. 15.0 (On-Site Sewerage Facility) and subordinate Local Law 15.1 which, among other things impose obligations on the owner of premises on which an on-site sewerage is operated in relation to: • arranging servicing of the facility by a service contractor; • periodic inspections, monitoring and maintenance; and • inspections which may be carried out from time to time by

Council’s authorised persons. 46 Setbacks

All setbacks are to be in accordance with the Queensland Plumbing and Wastewater Code 2011 with particular reference to nearby natural waterways.

Timing At all times

ADVISORY NOTES TO APPLICANT

B Properly made submissions

There were properly made submissions about the application. The name and address of the principal submitter for each properly made submission is attached to the decision notice.

C Rights of appeal

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

D Applicant responsibilities

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

entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry


42 Adopted Report


out the activity for its duration; b Providing any notifications required by law (by way of example only, to notify the

administering authority pursuant to the Environmental Protection Act 1994 of environmental harm being caused/threatened by the activity, and upon becoming aware the premises is being used for a ‘notifiable activity’);

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

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

e Providing Council with proof of payment of the Portable Long Service Leave building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $150,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and

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

E Indigenous cultural heritage legislation and duty of care requirement

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

F Greenhouse gas emissions

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


43 Adopted Report



G Infrastructure charges

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

H Obligation to ensure electrical safety

Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline. Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

I Further Development Approvals

Should further applications for development be made over the site then the waterways onsite may be subject to restoration and the placement of an environmental covenant.

J Energex Powerlines

The applicant is advised of the following: a) Satisfactory clearance from the proposed structure to the existing electricity wires

must be maintained in accordance with the Electrical Safety Regulations 2013. b) Re-grading or changes to natural ground levels underneath the powerlines are to be

undertaken to maintain appropriate ground clearances to the overheads powerlines.

Author: Authorised by: Shailendra Singh Dyan Currie Town Planning Officer Director Planning and Environment January 2016


44 Adopted Report

http://www.deir.qld.gov.au/


Committee Recommendation Adopted At Council 16 February 2016 COMMITTEE RECOMMENDATION CP16.0210.001 moved Cr Gates seconded Cr Owen-Jones That Council resolves as follows: Real property description Lot 3 on RP161135 Address of property 390 Austinville Road, Austinville Area of property 609300m2 Decision type Development Permit for Material Change of Use

(Impact Assessable) for a proposed Wedding Facility Further development permits Building permit, Plumbing & Drainage, Operational

Works (Landscaping) Further compliance permits Compliance Permit for Water Supply, Compliance

Permit for Sewerage Works Compliance assessment required for documents or works

Not Applicable

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for a Wedding Facility, subject to the following conditions:

1 Limited scope of the approved use This approval permits the use of facility for only wedding

related functions.

Timing

At all times.

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

Rev. Title Date Prepared by 390 Austinville Road, Austinville Queensland.

Proposed Wedding Facility October 2015 Planit Consulting

02 Proposed Site Plan – Wedding Facility. 390 Austinville Road.


02 Proposal Plans – Wedding Facility. 390 Austinville Road. Car Park Design.


02 Proposal Plans – Wedding Facility. 390 Austinville Road.


02 Proposal Plans – Wedding Facility. 390 Austinville Road.


02 Proposal Plans – Wedding Facility. 390 Austinville Road. Roofline and Slab + Mezzanine



45 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) showing the following amendments:

i the car parking layout modified such that blind (dead-end) aisles are removed/do not exceed the length of 6 (90-degree) parking spaces, in accordance with Section 2.4.2(c) of AS2890.1. Alternatively, where blind aisles are located, provision should be made for vehicles to turn around (designated ‘turn-around’ bays). Blind aisles also require an extension of 1 m beyond the last parking space to assist in vehicle manoeuvring, in accordance with Section 2.4.2(c) of AS2890.1. Additionally, aisles should achieve a width of no less than 5.8 metre to provide adequate room for vehicles to manoeuvre to/from parking bays, in accordance with Figure 2.2 of AS2890.1. Aisles appear to be narrower than 5.5 metre. In making these amendments, plans should demonstrate retention of the same number (or as near to as possible) of proposed car parking spaces on-site.

ii internal stairs linking the ground floor to the mezzanine level. iii location of the waste/wheelie bin storage point to be designed and

constructed in accordance with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011).

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to the earlier of: i The commencement of any works on the site.


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


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

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

including expected commencement, duration and completion date.

The notification is to be sent to Council’s Development Compliance Section (fax: 07 5582 8080 or by email to [email protected] ). This

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


46 Adopted Report



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

5 Resolution of conflict between conditions and plans The conditions of this approval are to be read in conjunction with the attached stamped approved engineering drawings. Where a conflict occurs between the conditions of this approval and the stamped approved engineering drawings, the conditions of this approval shall take precedence.


ADVERTISING DEVICES

6 Advertising device approval required No advertising device is to be erected on the premises without the necessary development permit for operational work (advertising device) and/or approval under Council’s Local Law No. 16 (Licensing) and Subordinate Local Law 16.8 (Advertisement). The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 5092 to discuss approval requirements.


AMENITY

7 Days and Hours of operation All activities associated with the operation of the Wedding Facility are to be conducted as follows: a the use of the facility shall be restricted to Friday,

Saturday and Sunday. b the facility will only operate between the hours of 1pm

to 10.05pm. c the use of the facility shall be restricted to a maximum

of 80 guests, except as following: (i) any event of up to 120 guests shall be restricted

to only one such event per year.


8 Restricted paint colours Buildings and structures must not be painted in highly reflective, bright or obtrusive colours and shall be generally in accordance with the coloured plans referenced in Condition (1).


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



47 Adopted Report



ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 10 No nuisance from lighting

All lighting devices associated with the proposed wedding facility and service driveway must be positioned and shielded to the satisfaction of the Chief Executive Officer so as not to cause glare or other nuisance to surrounding residents and motorists.


11 Location of equipment and ventilation/refrigeration units All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.


ACOUSTICS

12 Acoustic design and construction a The development, including mechanical plant must be

designed and constructed in accordance with the recommendations outlined in the approved acoustic report by CRG Acoustics dated 2 September 2015 (Reference No. 15111 Report).

b Any alteration to the design or construction of the development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

c No amplified music shall be played outdoors at any time in association with the functioning of wedding facility.


13 Acoustic compliance report Prior to the occupation of the development, an acoustic compliance report prepared by a suitably qualified acoustic consultant shall be submitted to Council and approved. The report shall certify that the development has been designed and constructed in accordance with the established noise criteria and recommendations outlined in the approved acoustic report.

Timing As indicated within the wording of the condition

14 Noise Complaint Register (a) A Noise complaint register is to be maintained on-site

to record all noise-related complaints, which shall be made available to Council upon request.

(b) Occupants of all dwellings within 900m of the subject site shall be provided with a telephone number of the onsite manager that is in attendance during the functions should there be a noise complaint.

Timing At all times

15 Delivery, cleaning and collection hours (a) All delivery, cleaning and waste collection activities in

Timing At all times


48 Adopted Report


association with the wedding facility shall be conducted between the hours of 7am and 6pm.

(b) Empty bottles are to be kept inside the venue in bins, and only transferred to the outdoor bin between 10am and 4pm.

16 Waste/ Wheelie Bins - storage point The waste/ wheelie bin storage point must be designed and constructed in accordance with the requirements of Section 11.2 of Gold Coast City Council’s Solid Waste Management Guideline for New Developments (2011) as detailed below: a Constructed hardstand area with a solid concrete base

or acceptable equivalent; b Roofed and designed to prevent entry to rainwater; c Graded to fall to a drainage point within the storage

point; d Drainage point connected to sewer in accordance with

trade waste requirements; and e Provided with a hosecock for cleaning.

Timing Prior to the issue of a building approval

17 Waste collection and disposal All waste generated will be collected and transported to the local waste collection facility by the wedding facility operator.

Timing At all times


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

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

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

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

Landscape Intent, being Sheets 1 – 3, Revision ‘01’, Dated October 2015, Prepared by Planit Consulting;

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

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

v Demonstrate compliance with the following: A Unless otherwise specified, tree species

must be evergreen canopy trees with a minimum bag size of 100L at the time of planting;



49 Adopted Report


B Feature trees must have a minimum bag size of 200L at the time of planting;

C Palm species must be a minimum 3 metres in height at the time of planting;

D Shrub species must be a minimum 200mm pot size at the time of planting; and

E Screening shrubs must achieve a minimum height of three (3) metres at maturity;

F Screening shrubs must be planted in the landscape garden beds adjacent to the car parking; and

G A minimum one (1) row of screening shrubs must be planted along the rear North-Eastern landscape garden area, adjacent to the proposed building.

19 Planting near powerlines No vegetation is to be planted within 10metres of the outer most projecting powerlines.


BUSHFIRE MANAGEMENT

20 Bushfire management plan must be complied with a All development carried out must be in accordance with

the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire hazard assessment and mitigation plan for a proposed wedding facility and caretakers residence on Lot 3 RP161135 No. 390 Austinville Road Austinville, A 132613, dated 3/08/2015, prepared by Bushland Protection Systems Pty Ltd.

b All measures required by the approved BMP must be implemented prior to the commencement of the use of the premises.

c The approved BMP must be complied with at all times for the life of the development and the use of the premises.


21 Copy of the complete and approved bushfire management plan The applicant is required to obtain a copy of the complete approved bushfire management plan (BMP) as described above from the Gold Coast City Council. The approved BMP attained from Council is the sole plan to be complied with and distributed to all landowners.


22 Road design to provide access for fire fighters Roads are to be designed and constructed to provide safe access for fire fighters.



50 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 23 Deviations require approval

Should any changes to the development or site parameters occur, the applicant is responsible for advising the bushfire consultant to ensure that the bushfire management plan (BMP) is not affected by these changes. This is including but not limited to areas of revegetation, conservation, covenants and retained bushland. Where amendments to the development or site parameters are proposed, an amended bushfire management plan (BMP) that takes into account the changes may be required to be lodged. Any such amended plan will be subject to further assessment and approval.


24 Compliance with the recommendations All recommendations made in response to the bushfire management plan (BMP) by the bushfire consultant or Queensland Fire & Emergency Services (QFES), should be considered as requirements and conditions of approval for this application unless otherwise stated in writing by the Gold Coast City Council. Where there is a conflict, the conditions listed within the BMP apply.


25 Approved bushfire management plan and Council’s decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners. Information note: A notification has been placed on Council’s rates card for the property advising that an approved bushfire management plan is in existence, is available to ensuing owners, and must be complied with by ensuing owners.



26 Off street car parking facilities a Off-street car parking facilities must be designed,

constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version).

b Off-street facilities for car parking must only be used for vehicle parking.

c Off-street car parking must be provided in accordance with the approved plans.

d The access driveway must be a minimum of 3.5 metres wide, and constructed from compacted gravel (or similar).

e Off-street car parking facilities must be drained and linemarked, and constructed from compacted gravel (or similar).



51 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 27 Freely accessible car parking

a All car parking must be accessible, not subject to regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site.

b Car parking for staff and visitors must have no gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours.

c Staff and visitor parking must be clearly identifiable through the provision of appropriate signage and line marking. Signage and line marking must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council.


28 Loading and unloading a Loading and unloading of a vehicle servicing a

development (including passenger set-down and pick-up), must be conducted wholly within the site.

b A vehicle or vehicles waiting to be loaded or unloaded must stand entirely within the site.

c All vehicles must enter and exit the site in a forward gear.


29 Vehicle access paths Vehicle access paths are to be located a minimum of 10 metres from any power poles and or stays.


30 Directional signage a The applicant is required to submit to Council an

application for directional signage, as per the Tourist Roadside Directional Signage Guidelines for Gold Coast City Council-controlled Roads (or equivalent).

b The application is to be accompanied by a signage plan identifying the proposed location(s) and wording of signage, as follows: i. ‘Advance warning’ directional signage, located on

the northern approach to the Austinville Road / Unnamed Road intersection, identifying the proposed development (trading name or land use type) and including wayfinding information (eg. turn right in xxx metres). Signage should be located a sufficient distance in advance of the intersection to allow vehicles time to decelerate on approach.

ii Directional signage, located at the intersection of Austinville Road / Unnamed Road, to identify access to the development.

c The application will be assessed by the City’s Transport Management and Operations Branch.

d Signage is to be designed and installed in accordance

Timing Prior to the commencement of use.


52 Adopted Report


with QLD Transport and Main Roads’ Traffic and Road Use Management Manual and Manual of Uniform Traffic Control Devices.

e Signage, if approved, is to be installed and maintained at the applicant’s cost, at no cost to Council, and to the satisfaction of the Chief Executive officer.

Advice Note: The relevant application form can be accessed from the City of Gold Coast website. 31 Availability of Mini-bus

The applicant shall have available on-site a mini-bus (or similar) for the transportation of guests to and from the wedding facility.


VEHICULAR CROSSINGS AND DRIVEWAYS

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

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

commercial and multi-unit residential. ii 05-02-604 Rural access and pipe crossings for

table drains. b The applicant must apply for and obtain a licence from

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

satisfaction of the Chief Executive Officer.

Timing Prior to commencement of the use on the site.

TELECOMMUNICATIONS

33 Telecommunications – MCU The applicant must: a Provide underground telecommunications to the

subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice.

b If new pit and pipe infrastructure is required to be installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables.

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

Timing Prior to commencement of the use.


53 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) CONSTRUCTION MANAGEMENT 34 Noise management

a Noise from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by noise.

c The monitoring must be carried out: i by a suitably qualified acoustic engineer; ii at the potentially affected sensitive receptor/s; iii by applying the procedure set out in chapter 5,




e If the acoustic quality objectives stated in schedule 1, column 3 of the Environmental Protection (Noise) Policy 2008 have been exceeded at a sensitive receptor stated in column 1 at a time of day stated in column 2, a noise management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

f The noise management plan must: i be prepared by a suitably qualified acoustic

engineer; ii provide details of noise sources; iii identify the measures and work practices that will

be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring of noise emissions;

v provide details of complaint response procedures that will be adopted;

vi identify the procedures to be adopted for revision and review of the noise management plan.

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



54 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 35 Dust management

a The release of dust and particulate matter from construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008.

b When requested by Council, monitoring must be undertaken to investigate any complaint of environmental nuisance caused by dust or particulate matter.

c The monitoring must be carried out: i by a suitably qualified professional; ii at the potentially affected sensitive receptor/s; iii by applying the procedure set out in chapter 5,




e If the air quality objectives stated in schedule 1, column 3 of the Environmental Protection (Air) Policy 2008 have been exceeded at a sensitive receptor, a dust management plan must be submitted to Council for approval within 10 business days of completion of the monitoring.

f The dust management plan must: i be prepared by a suitably qualified professional; ii provide details of sources of dust and particulate

emissions; iii identify the measures and work practices that will

be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008;

iv identify the procedures to be adopted for monitoring and reporting of air emissions;

v provide details of complaint response procedures that will be adopted; and

vi identify the procedures to be adopted for revision and review of the dust management plan.

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



55 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 36 Transport of soil/fill/excavated material

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

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

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

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


37 Workplace health and safety The Workplace Health and Safety Act 2011 and AS 1742 Manual of Uniform Traffic Control Devices must be complied with in carrying out the works, including ensuring safe traffic control and safe public access in respect of works being conducted on a road.


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


HYDRAULICS AND STORMWATER MANAGEMENT

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

that could cause loss or damage.


40 Grassed buffer for stormwater management Stormwater from the proposed roof and carparks area must be dispersed through sufficiently wide grassed buffer to mimic the pre-development sheet flow and to facilitate removal of pollutants.


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

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

Timing During construction / building works.


56 Adopted Report


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

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

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

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

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

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

GEOTECHNICAL

42 Geotechnical certification of long-term stability of the site The applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the site will achieve a slope instability hazard rating of ‘Low’ or better, adequate geotechnical and drainage measures have been incorporated in the design to ensure long-term stability of the site (70 years minimum); and that the proposed development will not adversely affect the stability and integrity of the adjacent properties, buildings and infrastructures.



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



57 Adopted Report


a be accompanied by a hydraulic design for all water services within the property; and

b comply with Section 7 of Council’s Land Development Guidelines.


SEWERAGE

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

works within the property; b comply with Council’s Waste Management Policy

Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note: • Sewerage works must not be carried out until a

compliance permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.


45 Report from ADG Consulting dated 25/08/15 to be submitted The applicant must submit to Council (Plumbing and Drainage Services) the above report from ADG consulting sewerage evaluator, demonstrating that the proposed on-site sewerage treatment facility and effluent land application complies with AS/NZS 1547 – On-site domestic sewerage management and the QLD plumbing and waste water code. Information note: The operation of the on-site sewerage facility must comply with Council’s Local Law No. 15.0 (On-Site Sewerage Facility) and subordinate Local Law 15.1 which, among other things impose obligations on the owner of premises on which an on-site sewerage is operated in relation to: • arranging servicing of the facility by a service contractor; • periodic inspections, monitoring and maintenance; and • inspections which may be carried out from time to time by

Council’s authorised persons.



58 Adopted Report

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR WEDDING FACILITY – LOT 3 ON RP161135 – 390 AUSTINVILLE ROAD, AUSTINVILLE – DIVISION 9 PN132613/01/DA1(P1) 46 Setbacks

All setbacks are to be in accordance with the Queensland Plumbing and Wastewater Code 2011 with particular reference to nearby natural waterways.

Timing At all times


B Properly made submissions


C Rights of appeal


D Applicant responsibilities


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

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



e Providing Council with proof of payment of the Portable Long Service Leave


59 Adopted Report


building construction levy (or proof of appropriate exemption) where the value of the Operational Works exceeds $150,000. Acceptable proof of payment is a Q.Leave – Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational Works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and


E Indigenous cultural heritage legislation and duty of care requirement


F Greenhouse gas emissions


G Infrastructure charges


H Obligation to ensure electrical safety

Under the Electrical Safety Act 2002 you have an obligation to ensure your business or undertaking is conducted in an electrically safe way, whether or not it is electrical work. If there is a reasonable likelihood that your work may cause a person, vehicle, operating plant or equipment to come into contact with an overhead electric line, you must consult with the person in control of powerlines. Persons, vehicles, operating plant or equipment must stay outside the defined exclusion zone applicable to the powerline.


60 Adopted Report



Information note: An exclusion zone sets the minimum safe approach distance to the powerline. Guidance on exclusion zones can be found in the Code of Practice - Working Near Exposed Live Parts issued by the Electrical Safety Office. For further information, including codes of practice and legislation, either check the Department of Employment and Industrial Relations’ web site – www.deir.qld.gov.au, or contact the Electrical Safety Office Info line – 1300 650 662.

I Further Development Approvals

Should further applications for development be made over the site then the waterways onsite may be subject to restoration and the placement of an environmental covenant.

J Energex Powerlines

The applicant is advised of the following: a) Satisfactory clearance from the proposed structure to the existing electricity wires

must be maintained in accordance with the Electrical Safety Regulations 2013. b) Re-grading or changes to natural ground levels underneath the powerlines are to be

undertaken to maintain appropriate ground clearances to the overheads powerlines. CARRIED ADOPTED AT COUNCIL 16 FEBRUARY 2016 RESOLUTION G16.0216.009 moved Cr Tozer seconded Cr Gates

That Committee Recommendation CP16.0210.001 be adopted as printed in the City Planning Committee Report.

CARRIED


61 Adopted Report



62 Adopted Report

03679

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ATTACHMENT 1.1

ATTACHMENT 1.2 (page 1 of 6)


63 Adopted Report


64 Adopted Report


65 Adopted Report

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66 Adopted Report

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67 Adopted Report

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68 Adopted Report

Document: #52500508 Page 1 of 6

Infrastructure Charge Notice To: DARREN & TRACEY CASH

C/- PLANIT CONSULTING PTY LTD PO BOX 206 NOBBY BEACH QLD 4218

Cc: PAUL RAYMOND HINZE

390 AUSTINVILLE ROAD AUSTINVILLE QLD 4213 IAN ROBERT HINZE 390 AUSTINVILLE ROAD AUSTINVILLE QLD 4213 WAYNE HERBERT HINZE 390 AUSTINVILLE ROAD AUSTINVILLE QLD 4213 BARRY REGINALD HINZE 390 AUSTINVILLE ROAD AUSTINVILLE QLD 4213 JANICE KATHLEEN WHARTON 390 AUSTINVILLE ROAD AUSTINVILLE QLD 4213 PETER JOHN HINZE 390 AUSTINVILLE ROAD AUSTINVILLE QLD 4213

Land to which charges apply

The land to which the charges in this advice apply is.

Property description LOT3 RP161135 Property address 390 AUSTINVILLE ROAD AUSTINVILLE

Total levied charge payable $ 73,068.05

+ADJUSTMENTS AND/OR REVIEWS

Due date for payment

Total payable prior to the earliest of the following events: when the change happens or final plumbing inspection being undertaken or issue of a certificate of classification or final inspection certificate for building work being issued.


69 Adopted Report

03679

Typewritten Text



Payment details

Payment of the levied charges must be made to. Council of the City of Gold Coast

Payment can be made at any of Council of the City of Gold Coast (Council) customer service centres or by cheque to.

PO Box 5042, Gold Coast MC, Qld 9729

Please note that payment by credit card is not accepted.

Adjustments to charge

The levied charge will automatically increase by the lesser of the following:

(a) The difference between the levied charge and the maximum adopted charge the local government could have levied for the development when the charge is paid; and

(b) The increase for the PPI index for the period starting on the day the levied charge was levied and ending on the day it is paid, adjusted by reference to the 3-yearly PPI index average.

‘3-yearly PPI index average’ and ‘PPI index’ have the meanings given in the Sustainable Planning Act 2009. As the levied charge amount is current at the date of issue, the total charges due at the date of payment may be greater.

Offsets and/or Refunds

Offsets (if applicable) will be provided consistent with the provisions of Council’s Local Government Infrastructure Plan (LGIP). If applicable, details of the offset amounts will be quantified on this Infrastructure Charge Notice.

Failure to pay charge

A levied charge is, for the purposes of recovery, taken to be rates of the local government that levied it.

Authority for charge

The charges in this advice are payable in accordance with the Sustainable Planning Act 2009.

GST The Federal Government has determined that contributions made by developers to Government for infrastructure and services under the Sustainable Planning Act 2009 are GST exempt.

Enquiries Enquiries regarding this Infrastructure Charge Notice should be directed to the Developer Contribution Group on Ph: (07) 5582 9030, during office hours, 9.00am to 5.00pm, Monday to Friday or e-mail [email protected].


70 Adopted Report


Infrastructure Charge Notice

Wednesday, 23 December 2015 Application PN132613/01/DA1 Site address 390 AUSTINVILLE ROAD, AUSTINVILLE Application number & code 201501265 MCU Application description WEDDING FACILITY (RECEPTION ROOM) Officer name Sarah Nixon

Charge calculation

Charges Resolution No 1 of 2015

Qty Rate Gross Charge Amount

Assembly 393 sq m Gross Floor Area @ $ 38.85 $ 15,268.05 Impervious Area 0.578 Hectares @ $ 100,000.00 $ 57,800.00 $ 73,068.05

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

$ 73,068.05 $ 0.00 $ 73,068.05

Office Use Only $ 73,068.05 OTHINF

$ 73,068.05


71 Adopted Report


INFORMATION NOTICE

DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE

Council of the City of Gold Coast has issued this Infrastructure Charges Notice as a result of the additional demand placed upon trunk infrastructure that will be generated by the development.

SUSTAINABLE PLANNING ACT 2009 APPEAL RIGHTS FOR INFRASTRUCTURE CHARGES NOTICE

478 Appeals about infrastructure charges notices (1) The recipient of an infrastructure charges notice may appeal to the court about the decision to

give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the charge in the notice is so unreasonable that no reasonable relevant local government could have imposed it;

(b) the decision involved an error relating to-

(i) the application of the relevant adopted charge; or (ii) the working out, for section 636, of additional demand; or (iii) an offset or refund;

(c) there was no decision about an offset or refund; (d) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.

(3) To remove any doubt, it is declared that the appeal must not be about-

(a) the adopted charge itself; or

(b) for a decision about an offset or refund-

(i) the establishment cost of infrastructure identified in an LGIP; or (ii) the cost of infrastructure decided using the method included in the local

government’s charges resolution.

(4) The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice.


72 Adopted Report


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

535 Appeals about infrastructure charges decisions (1) The recipient of an infrastructure charges notice may appeal to a building and development

committee about the decision to give the notice. (2) However, the appeal may be made only on 1 or more of the following grounds-

(a) the decision involved an error relating to-

(i) the application of the relevant adopted charge; or (ii) the working out, for section 636, of additional demand; or (iii) an offset or refund;

(b) there was no decision about an offset or refund; (c) if the infrastructure charges notice states a refund will be given – the timing for giving the

refund.

(3) To remove any doubt, it is declared that the appeal must not be about-

(a) the adopted charge itself; or

(b) for a decision about an offset or refund-

(i) the establishment cost of infrastructure identified in an LGIP; or (ii) the cost of infrastructure decided using the method included in the local

government’s charges resolution.

(4) The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice.


73 Adopted Report


How to pay methods

Pay by mail

Ordinary mail

Simply enclose this Notice and your cheque or money order made payable to Gold Coast City Council in an envelope and post it to this address: Council of the City of Gold Coast PO Box 5042 GCMC QLD 9729

Customer Service Centre in person

Pay at any Customer Service Centre with cash, cheque, or debit card (no surcharge), MasterCard or Visa (maximum $10,000 using credit card) Payments by credit card will incur a 0.60% surcharge.

Main centres Monday to Friday 8am to 5pm

Nerang 833 Southport Nerang Road, Nerang Surfers Paradise 135 Bundall Road, Surfers Paradise

Other centres Monday to Friday 8.15am to

4.30pm

Broadbeach 61 Sunshine Boulevard, Mermaid Waters (closed 1pm to 2pm)

Burleigh Heads Park Avenue, Burleigh Heads (closed 1pm to 2pm)

Coolangatta Showcase on the Beach, Marine Parade Coolangatta (closed 1pm to 2pm)

Helensvale Cnr Lindfield Road and Sir John Overall Drive, Helensvale (closed 1pm to 2pm) Palm Beach 26 11th Avenue, Palm Beach (closed noon to 1pm)

Southport 47 Nerang Street, Southport Upper Coomera Cnr Abraham Road and Reserve Road Upper Coomera (closed noon to 1pm)

How to contact us

07 5582 8866 or 1300 69 4222 (7am to 6pm, Monday to Friday), or from outside of Australia call +61 7 5582 8866

Council of the City of Gold Coast PO Box 5042, GOLD COAST MC QLD 9729

Visit us at any Customer Service Centre Open hours; cityofgoldcoast.com.au

cityofgoldcoast.com.au


74 Adopted Report

ITEM 2 CITY DEVELOPMENT BRANCH DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 Refer 2 page attachment 1 OVERVIEW

Site address Peachey Road Yatala Application description

Development Permit for Reconfiguring a Lot to create three (3) Industrial Lots and Park for Stormwater purposes.

Decision due date 25 January 2016

Proposal

The proposal involves reconfiguring the existing allotment into three (3) industrial lots. The purpose of this application is to manage the staging and timing of the ultimate 36 lot industrial subdivision (Preliminary MCU and ROL) that was approved by Court Consent Order No.141 of 2015. Each of the three (3) proposed allotments aligns with the stage boundaries of the Preliminary MCU / ROL approval. • Lot 1 formalises the Stage 1 area of the Preliminary Approval and has

a proposed site area of 5.6964ha.

• Lot 2 formalises the Stage 2 area of the Preliminary Approval and has a proposed site area of 13,5195ha.

• Lot 3 formalises the Stage 3 area of the Preliminary Approval and has a proposed site area of 10.3409ha.

As part of the application, the applicant has proposed that Lot 1 and 2 gain access via Peachey Road, and Lot 3 gains access via Stanmore Road.

Main Issues/Resolution

Issue Resolution Lot Size Table of Development G:

Reconfiguring a Lot, prescribes a minimum lot size of 20 hectares. On 9 June 2015, the Planning and Environment Court resolved to approve a Preliminary Approval for 36 Industrial lots with a minimum lot size of 2,000m2. The current proposal is to facilitate the staging and timing of lots that correspond to the stages identified within the Preliminary Approval.

Submissions

Objections Support Five (5) submissions were received as part of Public Notification.

No submissions of support were received as part of Public Notification.

Key issues raised by submitters Future Industrial Uses and Traffic Impact

Referral agencies Department of Infrastructure, Local Government and Planning Officer's recommendation Approval


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 REPORT STRUCTURE 1 OVERVIEW 2 EXECUTIVE SUMMARY 3 APPLICATION INFORMATION 4 BACKGROUND 5 PROPOSAL 6 SITE & ENVIRONMENT

6.1 Characteristics of site 6.2 Characteristics of surrounding environment

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

8 SOUTH EAST QUEENSLAND REGIONAL PLAN 9 INTERNAL REFERRALS

9.1 Subdivision Engineering 9.2 Open Space Assessment 9.3 Gold Coast Water 9.4 Environmental Assessment 9.5 Hydraulics and Water Quality 9.6 QLD Fire Rescue

10 EXTERNAL REFERRALS 12.1 Concurrence agencies

11 DEVELOPMENT INFRASTRUCTURE 12 PUBLIC NOTIFICATION 13 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 14 CONCLUSION 15 NOTIFICATIONS 18 RECOMMENDATION 2 EXECUTIVE SUMMARY Council is in receipt of a development application for Reconfiguring a Lot for three (3) Industrial Lots and Park for stormwater purposes located at Peachey Road, Yatala, properly described as Lot 3 on SP254376.

The site is located within the Future Business and Industry Precinct and the Open Space Precinct of the Yatala Enterprise Area Local Area Plan pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003. Pursuant to the Planning Scheme, the proposed three (3) lot subdivision triggers Impact Assessment in accordance with the Table of Development G: Reconfiguring a Lot as the minimum lot size prescribed is no lots less than 20 hectares in accordance with Precinct 4 (Future Business and Industry) and Precinct 6 (Open Space) of the Yatala Enterprise Area Local Area Plan.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 The proposal involves reconfiguring the existing allotment into three (3) industrial lots. The purpose of this application is to manage the timing and staging of the ultimate 36 lot industrial subdivision (Preliminary MCU and ROL) that was approved by Court Consent Order No.141 of 2015. The application was referred to the Department of Infrastructure, Local Government and Planning as a Concurrence Agency, who have subsequently provided a response which incorporated conditions to be included with the Decision Notice.

The proposed development has been assessed against the relevant Performance Criteria of the following codes:

Place Code Yatala Enterprise Area Local Area Plan Specific Development Code Reconfiguring a Lot Constraint Code(s) N/A An assessment of the application has determined that the proposed development is considered to generally comply with the applicable Codes, and that an appropriate outcome can be achieved for the site. Where required, conditions have been included within the Recommendation to ensure compliance with the relevant Performance Criteria.

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

In response to public notification, five (5) submissions were received.

It is recommended that the proposed development be approved, subject to the imposition of reasonable and relevant conditions. 3 APPLICATION INFORMATION

Real property description Lot 3 on SP254376 Applicant Turner Property Investing Pty Ltd Owner at time of lodgement Turner Property Investing Pty Ltd Current owner Turner Property Investing Pty Ltd Site area 259,5900m2 Date application received 31 July 2015 Date entered decision 19 November 2015 Domain N/A LAP & precinct Future Business and Industry Precinct, Open Space

Precinct of the Yatala Enterprise Area Local Area Plan Draft City Plan 2015 Open Space Zone

Low Impact Industry Zone - Future Low Impact Industry Precinct

State planning policies N/A Decision type Development Permit for Reconfiguring a Lot for a three

(3) Lot Subdivision and Park for Stormwater Purposes


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 4 BACKGROUND On 21 September 2006, Council was in receipt of a Development application for a Preliminary Approval for a Material Change of Use (Industrial Park to be development in accordance with the Peachey Road Development Plan), Reconfiguring a Lot (1 into 62 Lot Stages Low Impact Industrial subdivision).

On 2 October 2006, Council was in receipt of a Development Permit for Operational Works (Changes to Ground Level and Retaining Walls) that was requested to be assessed with the MCU and ROL component.

On 10 September 2008, the appellant filed an appeal in the Planning and Environment Court (appeal no. 2481 of 2008) against Council’s failure to decide the application within the period prescribed under IPA.

On 8 November 2013, the application went before the Planning and Environment Court (appeal no. 2481 of 2008) where a Court Consent Order was issued for Preliminary Approval for a Material Change of Use (Industrial Park to be development in accordance with the Peachey Road Development Plan), Preliminary Approval for Reconfiguring a Lot (36 Lot Staged Industrial Subdivision) and resolved to Refuse the Operational Works (Changes to Ground Level and Retaining Walls). 5 PROPOSAL The applicant is seeking a Development Permit for Reconfiguring a Lot for three (3) Industrial Lots and Park for stormwater purposes. The proposed industrial lots range in size from 5.6 hectares to 13.5 hectares in size.

The purpose of this subdivision application is to manage the timing and staging of the ultimate 36 lot industrial subdivision (Preliminary MCU and ROL) that was approved by Court Consent Order No.141 of 2015.

Each of the three (3) proposed allotments aligns with the stage boundaries of the Preliminary MCU / ROL approval.


• Lot 2 formalises the Stage 2 area of the Preliminary Approval and has a proposed site area of 13,5195ha.


Each proposed allotment will have separate access with proposed Lot 1 & 2 gaining access via Peachey Road and proposed Lot 3 will gain access via Stanmore Road.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2

6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site is located at Peachey Road, Yatala, properly described as Lot 3 on SP254376. The subject site is located within the Future Business and Industry Precinct and the Open Space Precinct of the Yatala Enterprise Area Local Area Plan. The allotment is irregular in shape and has a total site area of 259,5900m2.

The subject site has two road frontages, being approximately 600 metres to Peachey Road and 450 meters to Stanmore Road.

The site slopes from east to west, with the highest point of the site located in the north-eastern corner of the site and the lowest point located adjacent to the western boundary on Stanmore Road. The difference in height between the highest and lowest points is approximately 30 metres and parts of the site have slopes of over 25%.


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6.2 Characteristics of surrounding environment North: Immediately north of the site is Stanmore Recreation Park. Stanmore Recreation Park has a total area of 582,091m 2 and is held in trust by the Gold Coast City Council. The site is heavily vegetated and contains ‘of concern’ and ‘not of concern’ remnant vegetation. The park is reserved for recreation purposes and part of the site is currently being used for competitive motocross events and for archery. The motocross track and the site's northern boundary is separated by a vegetated buffer of approximately 100 metres. The archery club and the site's northern boundary are separated by a vegetated buffer in excess of 110 metres.

East: Immediately east of the site are industrial uses including Phoenix Power Recyclers and various outdoor storage uses.

South: Immediately south of the site is Darlington Park. Darlington Park is currently operating as a multi-purpose site largely used for motor sport activities. Peachey Road runs along the site’s southern boundary.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 West: Immediately west of the site is Luscombe Reserve. Luscombe Reserve is reserved for parks and recreation purposes and has a total area of 136,144m2. The reserve is held in trust by the Gold Coast City Council. It is envisaged that the Reserve will provide some buffering from the future industrial area to the residents of the rural residential dwellings located further west of the subject site. Stanmore Road runs along the site’s western boundary. 7 PLANNING ASSESSMENT Section 314 of the Sustainable Planning Act 2009 identifies what an assessment manager must consider when assessing an impact assessable application. In brief, the assessment manager must assess the part of the application against each of the following matters or things to the extent relevant:

the State planning regulatory provisions The proposal is considered to comply with the State Planning Regulatory Provisions.

the regional plan for a designated region The proposal is considered to comply with the Regional Plan.

State planning policies (unless appropriately reflected in any relevant regional plan or planning scheme)

N/A

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

area—all master plans for the area N/A

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

242 applies N/A

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

infrastructure plan. Refer below


• the common material Common material has been regarded through assessment.


Refer to ‘Site and Surrounds’

• any referral agency’s response for the application Refer below 7.1 City Plan Pursuant to the City Plan, the subject site is located within the Low Impact Industry Zone – Future Low Impact Industry Precinct and the Open Space Zone.

The minimum lot size prescribed within the City Plan for the subject site is 20 hectares for the Future Low Impact Industry Precinct of the Low Impact Industry Zone and no additional lots within the Open Space zone.


81 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 The subject development application was lodged with Council on 31 July 2015 and entered the decision making period on 19 November 2015. The assessment of the development application has been made against the current Planning Scheme, being the Planning Scheme in force at the time of the Decision Making Period commencing. 7.2 Assessment against Gold Coast Planning Scheme 2003

Place code Constraint code Specific development code Yatala Enterprise Area Local Area Plan

N/A Reconfiguring a Lot

Relationship to the Domain or LAP The subject site is located in the Future Business and Industry Precinct of the Yatala Enterprise Area Local Area Plan.

The proposed reconfiguration of a lot triggers Impact Assessment pursuant to table of development G (Reconfiguring a lot).

The intent statement for the Future Business and Industry Precinct of the Yatala Enterprise Area Local Area Plan reads:

Future Business and Industry Precinct: “Ultimately, the Future Business and Industry Precinct is intended to be developed for industry purposes as an extension of the development that is contemplated for Precincts 1 and 2. Such development is not envisaged in the short term, due to the lack of adequate infrastructure. The only forms of development that are intended to be permitted in the meantime are those that will neither compromise the capacity of these areas to develop intensively for industry in the future nor compromise the development of other parts of the plan area for intended purposes.

This purpose does not preclude out of sequence business and industry development where the proponent is prepared to pay the full cost to offset the impact of out of sequence development, as determined by Council. This out of sequence development will be assessed by the criteria applicable for either Precincts 1 or 2, as determined by the ultimate development scenario illustrated by Yatala Enterprise Area LAP Map 29.4 – Ultimate Precincts.

The Future Business and Industry Precinct to the east of the Pacific Motorway is expected to become General Impact Business and Industry. The area to the west of the Pacific Motorway, west of Stanmore and Sandy Creek Roads, will be appropriate for a mixture of General and Low Impact Business and Industry, depending on its proximity to residential areas.

Development that proposes to reconfigure allotments is not considered appropriate for the precinct; unless all allotments created have a minimum area of 20 hectares. This will facilitate future development of the area for major industrial development.”

Open Space Precinct: “The Open Space Precinct is intended to serve as an area of environmental conservation and natural landscape relief, with a minimal level of development. Land may be in public or private ownership.


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The ecology of environmentally significant areas is to be protected. The natural landscape qualities of certain usually prominent forested areas are to be conserved and protected, and environmental corridors linking critical conservation areas will be established. Development that is sympathetic to the open space designation may be permitted to establish on suitable sites.

On the Yatala Enterprise Area LAP Map 29.2 – Precincts, the dark green areas nominated in Precinct 6 are intended to be retained predominantly as a natural landscape, green buffer or existing agricultural uses, as the case may be. The light green areas are intended to be available for intensive open space development, whilst still preserving an open space green belt semi-natural character.

Outdoor open space activities, such as golf course, athletic fields, showgrounds, tennis courts, botanical/ornamental gardens and golf driving range, are considered consistent with the purpose of this precinct.

Development that proposes reconfiguration of allotments is not anticipated in the area, due to the nature of the preferred development for the precinct.”

Assessment comments:

The proposed subdivision is to facilitate the timing and staging of the future thirty-six (36) Lot subdivision that will occur over three stages of development. The proposed management lots will cater for a range of future industrial uses.

The subject site has also been included within Precinct 6 Open Space. The mapped area of Open Space has been included within the proposal as Open Space which is the purpose of stormwater drainage reserve. Council’s Open Space officers have assessed the proposal and have provided conditions of approval supportive of the drainage reserve as not lots are being created in this precinct for the purpose of future industrial land uses.

As such, it is considered that the proposed development is generally in accordance with the intent of the Future Business and Industry Precinct and the Open Space Precinct of the Yatala Enterprise Area Local Area Plan.

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

Performance criteria Acceptable solution PC 29 All lots are to be of sufficient size to comfortably accommodate the type of development envisaged in the LAP and the relevant precinct intent.

AS29

Any new lots created are sized in accordance with the following schedule:

Precinct Min Area Ave Area 1 4,000m2 1 hectare

2 2,000m2 4,000m2

4 20 hectares 20 hectares




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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 Alternative Solution sought:

• Minimum lot size of 5.6 hectares. Assessment Comments:

Planning Officers are satisfied that the proposed subdivision meets the intent of Performance Criteria 29 relating to lot size. The applicant proposes an alternative solution to AS25 as the subject site falls within two precinct of the Yatala Enterprise area Local Area Plan, where the minimum lot size is 20 hectares.

The mapped area of Open Space has been included within the proposal as dedicated Public Open Space, for stormwater purposes. Council’s Open Space officers have assessed the proposal and have provided conditions of approval supportive of the drainage reserve as no lots are being created in this precinct for the purpose of future industrial land uses.

The balance of the subject site is located within the Future Business and Industry Precinct; the three (3) proposed allotments range in size from 5.6 hectares to 13 hectares. Although the proposed three (3) lot subdivision does not meet the minimum lot size prescribed within the Future Business and Industry Precinct of the Yatala Enterprise Area Local Area, all lots are considered to be of sufficient size to comfortably accommodate the type of development envisaged.

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

• Reconfiguring a Lot Specific Development Code. The proposal complies with all of the specific development code’s acceptable solutions except as follows:

Reconfiguring a Lot Specific Development Code Performance criteria Acceptable solution

PC1

Lots must have the appropriate area and dimensions to enable:

a) density of land uses to be consistent with the intended character of the local area or neighbourhood, as expressed through the relevant domain or LAP;

b) siting and construction of buildings to minimise risk of soil erosion, flooding and bushfire;

c) siting and construction of buildings to minimise detriment from effluent disposal and

d) water quality impacts;

AS1.1.1

The minimum lot area, minimum lot frontage, minimum width of any access strip or easement, and the maximum ratio of lot depth to average width are consistent with the provisions of the Table to this Acceptable Solution, unless varied by the minimum lot size and density requirements indicated on Overlay Map OM5 – Minimum Lot Size.


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Reconfiguring a Lot Specific Development Code Performance criteria Acceptable solution

e) retention of ecologically significant areas and other remnant vegetation;

f) retention of cultural features and views;

g) minimisation of earthworks and/or retaining walls associated with building construction on steep sites;

h) provision of private outdoor space and on-site landscaping;

i) convenient vehicle access and on-site parking.

Alternative Solution sought:

• Minimum lot size of 5.6 hectares. Assessment comments: Planning Officers are satisfied that the proposed subdivision meets the intent of Performance Criteria 1 for Lot Size. As stated above, the purpose of this application is simply to manage and stage the ultimate 36 lot industrial subdivision (Preliminary MCU and ROL) that was approved by Court Consent Order No.141 of 2015.

Compliance with the relevant constraint codes and overlay The proposed development complies with all applicable acceptable solutions within the relevant constraint codes:

Desired environmental outcomes and/or land use themes An assessment of the application has determined the proposed development does not compromise the achievement of the Desired Environmental Outcomes (DEOs).

8 SOUTH EAST QUEENSLAND REGIONAL PLAN Pursuant to the South East Queensland Regional Plan (2009), the subject site is contained within the Urban Footprint.

9 INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 6 August 2015.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 List of available referrals for reference Health and Regulatory Services




Architect

Gold Coast Water

City Infrastructure



Operational Works



Arborist


Beaches and Water


Social Planning

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

9.1 Subdivision Engineering Subdivision Engineering has assessed the proposed development and has provided conditions of approval in relation to electrical supply and telecommunication wiring.

9.2 Open Space Assessment Open Space Assessment have assessed the proposed development and have provided conditions of approval in relation to the transfer of open space for a waterway / drainage reserve, detailed landscape plans, establishment period, maintenance management plan, on maintenance period and standard works/embellishments.

9.3 Gold Coast Water Gold Coast Water has assessed the proposed development and has provided the following comments:

“Gold Coast Water has assessed the application for the availability and connectivity of the development site to Council’s water supply and sewerage networks. A permanent pump station is required to be constructed within and on the western side of the site, to service the development site and catchment area. This pump station is not identified in the LGIP however is considered to be reimbursable under Section 647 of the Sustainable Planning Act 2009.

Officer’s assessment of the application has established that the proposed development suitably complies with all of the relevant provisions of the Planning Scheme and the proposed water supply and sewerage infrastructure intended to service the development is considered appropriate.”

9.4 Environmental Assessment Environmental Assessment has assessed the proposed development and have provided the following comments:

“The applicant is seeking approval for a 1 into 3 lot subdivision over a 12,000m2 lot within the Planning Scheme’s Yatala Enterprise Area Local Area Plan. Two different precincts occur within the subject site. The majority of the site falls within the Future Industries Precinct (Precinct 4). The Open Space Precinct occurs along the western property boundary and varies in width along this boundary of between approximately 25-50 metres (see Figure 1).


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A 42 hectare Gold Coast Conservation Estate being an environmental reserve named Stanmore Park adjoins the subject site to the north/north-east (see Figure 2). This links to Sears Road Reserve and Pagan Parklands in the west. A small environmental reserve area also adjoins the subject site in the south-west, at the corner of Stanmore Road and Peachey Road. A linear environmental reserve known as Luscombe Reserve East also exists across the road from the subject site (south of Peachey Road) and links to other linear reserves in the west.

Ground levels on site range from 19-56m AHD, sloping from the north and east down to the west. Mapping indicates slopes of between 5-14%. Soils across the majority of the site are metamorphic, with an upper alluvial terrace in the western low point.

Under the Planning Scheme’s Nature Conservation Strategy Overlay Map 20 the majority of the site is identified as containing remnant vegetation as being within an area committed to development. A number of natural minor waterways are also identified on site under the Planning Scheme’s Natural Wetlands and Waterways Overlay Map 11. The subject site is therefore considered ecologically significant.

Figure 1_Yatala Enterprise Area LAP Precincts


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Figure 2_Open Space, Gold Coast Conservation Estates Environmental and Bushland Reserve system (shaded in orange) surrounding subject site (outlined in yellow) Other features which contributed to the site’s ecological significance include the types of remnant vegetation present. The remnant vegetation on site is state regulated. The majority of remnant vegetation on site is mapped as Regional Ecosystem 12.11.5k/ Gold Coast Vegetation Type 4a with small patches of Regional Ecosystem 12.11.18/ Gold Coast Vegetation Type 7. These vegetation types are of high local conservation priority. Small patches of Regional Ecosystem 12.3.3/ Gold Coast Vegetation Type 7 also exist on site. Regional Ecosystem 12.3.3 is listed as Endangered under the Vegetation Management Act 1999 (see Figure 3).

The vegetation on site is also identified as Essential Habitat for two significant species. The first is Phascolarctos cinereus, the Koala which is listed as Vulnerable under the Environmental Protection and Biodiversity Conservation Act 1999 and the Nature Conservation Act 1992. The second is Melaleuca irbyana, the bush house paperbark which is listed as Endangered under the Nature Conservation Act 1992. Furthermore, Koala Planning Areas indicate that the vegetation on site is high value bushland habitat for the Koala.

Under the City Plan the majority of the subject site is zoned Future Low Impact Industry Precinct in the Low Impact Industry Zone. The Open Space Zone also remains along the western boundary. The natural minor watercourses are shown on the Environmental Significance – Natural Wetlands and Watercourses Overlay Map.


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This application has been submitted to facilitate the development of the subject site under a preliminary approval issued via consent order no. 141 of 2015. This consent order approved development across the whole of the subject site with no areas to be retained in their natural state. Conditions were included for sediment and erosion control and boundary setbacks however no conditions in relation to the ecological significance of the subject site were included in the consent order. No ecological site assessment or management plans have been provided with this application. Environmental Planning’s recommended conditions of approval will therefore be in relation to the management of vegetation clearing and the protection of fauna and the adjacent public open space during future required operational works on site.”

9.5 Hydraulics and Water Quality Hydraulic Engineering has assessed the proposed development and have provided the following comments:

“Council’s records also show that as part of the Preliminary MCU / ROL / OPW (retaining wall) Development Permit, the Planning and Environment Court also approved the hydraulic and stormwater management report, being “Amended Stormwater Assessment and Management Plan for Proposed Industrial Estate, Lot 3 Peachy Road, Luscombe, Queensland” prepared by Gilbert & Sutherland Pty Ltd dated March 2013. The applicant has submitted preliminary engineering drawings showing the ultimate 36 lots industrial subdivision plan including detailed earth work plans and various sections. After reviewing the submitted drawings in reference to approved stormwater management report, it appears that the proposed 3 lots subdivision is generally consistence with the approved stormwater management report. As such, this section is happy to accept the proposal subject to the following conditions.”

9.6 QLD Fire Rescue Bushfire Assessment has assessed the proposed development and has provided conditions of approval in relation to the bushfire management plan, road design for fire fighters and water supply requirements.

10 EXTERNAL REFERRALS 10.1 Concurrence agencies On 7 October 2015, the Department of Infrastructure, Local Government and Planning provided a Concurrence Agency response with no conditions or comments on the proposed application. 11 DEVELOPMENT INFRASTRUCTURE Infrastructure Charges have been calculated in accordance with Council’s Adopted Infrastructure Charges regime.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 12 PUBLIC NOTIFICATION The applicant has submitted a written notice stating that public notification of the application has been completed in accordance with the requirements of the Sustainable Planning Act 2009.

In response to notification, five (5) submissions were received. The main points of objection are listed below, followed by the officer’s comment.

Point of objection Officer’s comment Access / Traffic Impact Council Officers have assessed the development against

the relevant provisions of the Planning Scheme and the submitted Traffic Impact report provided as part of the Information Response. The applicant has proposed that Lot 1 and 2 gain access via Peachey Road, and Lot 3 gains access via Stanmore Road. The proposed access locations are considered to be in a suitable location for the subject application. Any further subdivision of the subject site - where in accordance with the Preliminary MCU / ROL Court Consent Order, the three (3) access locations will be removed and all traffic will be via one access point from Peachey Road. The Court Order requires traffic signals at the intersection of Peachey Road which will be conditioned as part of the future applications. This measure will serve to address concerns raised by submitters.

Future Land Uses / Low Impact Industry

The development application is only for the subdivision of the existing allotment into three (3) Lots. As part of the application the applicant has not applied for a Material Change of Use for an Industrial land uses. The subject site has an underlying Court Consent Order No. 141 of 2015 from the Planning and Environment Court that overrides the Planning Scheme with the approved Peachey Road Development Code and Table of Development. Any future development on the subject can be lodged in accordance with the Preliminary Approval where Planning Officer’s will assess the application against the conditions of the Court Consent Order.

13 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Not applicable.

14 CONCLUSION Council is in receipt of a development application for Reconfiguring a Lot for three (3) Industrial Lots and Park for stormwater purposes located at Peachey Road, Yatala, properly described as Lot 3 on SP254376.


90 Adopted Report

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 The subject site is located within the Future Business and Industry Precinct and Open Space Precinct of the Yatala Enterprise Area Local Area Plan. The proposed subdivision triggers Impact Assessment pursuant to the Table of Development G: (Reconfiguring a Lot) which states “results in one or more lots with an area less than 20 hectares”.

The application was referred to the Department of Development, Local Government and Planning as a Concurrence Agency, who provided a response which included conditions to be included with the Decision Notice for the proposed development.

The proposed development has been assessed against the relevant Performance Criteria of the Yatala Enterprise Area Local Area Plan Place Code, Reconfiguring a Lot Specific Development Code and Changes to Ground Level Specific Development Code. An assessment of the application has determined the proposed development does not compromise the achievement of the Desired Environmental Outcomes (DEOs) and is considered to generally comply with all relevant Codes. Where required, conditions have been included within the Officer’s recommendation to ensure compliance with relevant Performance Criteria.

It is therefore recommended that the application be approved subject to the imposition of reasonable and relevant conditions.

17 NOTIFICATIONS The following notifications should be registered on the rates card in relations to this resolution:

Bushfire Management There are development approval conditions applicable in relation to bushfire management on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

Stormwater (Management Plan) There is a Stormwater Management Plan in regard to this lot. All property owner(s) must ensure compliance with the Stormwater Management Plan. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that:

Real property description Lot 3 on SP254376 Address of property Peachey Road Yatala Area of property 259,5900m2 Decision type Development Permit for Reconfiguring a Lot for three

(3) Industrial Lots and Park for stormwater purposes Further development permits OPW (Works for Infrastructure) Further compliance permits N/A Compliance assessment required for documents or works

Plan Sealing, Stormwater Management Plan, Open Space Management Plan.

NATURE OF DECISION

A Council approves the issue of a development permit for reconfiguring a lot for three (3) Lot Subdivision, Road and Park, subject to the following conditions:

APPROVED DRAWINGS

Development to be generally in accordance with specified plans/drawings 1 The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice.

Plan No. Rev Title Date Prepared by 0039-SPP-01 A Subdivision Proposal Plan

(3 Industrial Lots & Drainage Reserve)

30/07/2015 AS Town Planning

The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence.

Changes requiring further approval 2 Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows: Where changes to the approved design are undertaken to comply with a signed written instruction from the Chief Executive Officer or his representative because of on site or in-situ conditions or errors or omissions in approved drawings, such changes will be accepted as being a permissible change and no further approval from the assessment manager will be required.



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Information note: The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required.

Decision notice and approved plans/drawings to be 3 submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development application or operational works application relating to or arising from this development approval.


Decision notice and approved plans/drawings to be 4 retained on site A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.


ELECTRICAL RETICULATION

Electricity supply 5 The applicant must submit to Council a copy of the a ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed lots. In supplying power to the site, no additional poles b and/or pole-mounted transformers are to be erected.

Timing Prior to Council’s compliance assessment of subdivision plans.

TELECOMMUNICATIONS

Telecommunications – Reconfiguring a lot 6 The applicant must:

Provide telecommunications to all proposed lots, in a accordance with telecommunications industry standards (eg. Telstra standards). If new pit and pipe infrastructure is required to be b installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised c telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).



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HYDRAULICS

No worsening of hydraulic conditions 7 The development must be designed and constructed so as to result in:

No increase in peak flow rates downstream from the a site; No increase in flood levels external to the site; and b No increase in duration of inundation external to the c site that could cause loss or damage.


Alteration of overland flow paths 8 Overland flow paths on the site must not be altered in a way that inhibits or alters the characteristics of existing overland flows on other properties or that creates an increase in flood damage on other properties.


STORMWATER AND WATER QUALITY

Certification to be submitted 9 The applicant must submit a certification from a a qualified professional (RPEQ or equivalent) confirming that the proposed management lots subdivision is not conflicting with the stormwater management strategy of the previously approved stormwater management report (Council ref: PN238244/123/DA1), being “Amended Stormwater Assessment and Management Plan for Proposed Industrial Estate, Lot 3 Peachy Road, Luscombe, Queensland” prepared by Gilbert & Sutherland Pty Ltd dated March 2013. All works must be carried out and completed generally b in consistent with the approved stormwater management report, being “Amended Stormwater Assessment and Management Plan for Proposed Industrial Estate, Lot 3 Peachy Road, Luscombe, Queensland” prepared by Gilbert & Sutherland Pty Ltd dated March 2013, at no cost to Council to the satisfaction to the Chief Executive Officer.

Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing The certification must be submitted prior to the commencement of the work on site.

Temporary stormwater management devices 10 The stormwater devices and discharge arrangement in a the previously approved report (Gilbert & Sutherland Pty Ltd, March 2013) are located within Lot 2 / Stage 2 of the proposed 3 lots subdivision plan. As such, future subdivision works must be started with development of Lot 2 / Stage 2 first, to facilitate stormwater

Timing Prior to compliance assessment of the subdivision plan.


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management devices for the entire site. Should the applicant choose to start the future subdivision works on Lot 1 and / or Lot 3 first, the applicant must provide temporary stormwater devices and drainage arraignment within the relevant management lot area in accordance with the Land Development Guidelines and QUDM. The temporary stormwater management measure, if b adopted, must be maintained operational until the approved measures are constructed and functional. .

EROSION AND SEDIMENT CONTROL

Erosion and sediment control 11 Erosion, sediment and dust control measures must be a designed, implemented and maintained in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Sediment control structures (eg. sediment fence) must b be placed at the base of all materials imported on-site to mitigate any sediment runoff. A perimeter bund and/or diversion drain must be c constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. To minimise unvegetated areas: d

Construction activities must be staged; i Filled areas must be turfed or seeded ii immediately on completion; and No area should remain exposed (unvegetated) iii for more than 2 weeks unless construction work is being undertaken on that area.

Immediately after completion of the construction of an e open drain:

The open drain must be turfed, unless approved i otherwise in a Council approved stormwater management plan; and A turf strip must be placed at 90 degrees to the ii invert every 10 metres to prevent scouring along the turf edge. Reinforced turf must be used where invert grades exceed 5%.

Immediately after backfilling behind all kerbing: f A turf strip 1 metre wide must be placed behind i all kerbing; and A turf strip must be placed at 90 degrees to the ii kerb every 10 metres to prevent scouring along the turf edge,

in accordance with Figure 2.5 (Application of Grassed

Timing During operational / construction works (works for infrastructure and/or change to ground level).


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Filter Strips down a slope) of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). All polluted/contaminated water from the site, including g dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out h before the site is fully rehabilitated:

Regular inspections to ensure that adequate i erosion control measures are in place and in good condition both during and after construction; and Inspections after each storm event to assess the ii adequacy of the erosion control measures. The applicant must make good any damage or non-performing erosion control devices and clean up any sediment that has left the site or is on the roads within and external to the site.

Water quality must be monitored in accordance with i Section 7.5 of the Best Practice Erosion & Control (IECA Australasia, November 2008) and compared with water quality objectives. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The applicant must notify Council’s Contributed Assets Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.

OPEN SPACE

Transfer of open space 12 The applicant must transfer to Council the areas of public open space listed a below, as identified on the plans indicated (subject to any amendments required by these conditions):

Purpose Description on Plan Plan Reference Waterway/Drainage Reserve Drainage Reserve

0.956ha Turners Business Park Subdivision Proposal Plan, Drawing No. 0039-SPP-01, Rev A, dated 14-10-15, prepared by AS Town Planning


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The land identified in paragraph (a) must be b transferred in fee simple as ‘Public Open Space’ to Council of the City of Gold Coast as Trustee. Council will hold the land in trust for community c infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the purpose for which the land is dedicated. The applicant must lodge the transfer documents with d Council. The transfer of the land to Council must be at no cost e to Council.

Information note: Non-trunk Infrastructure - This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Transfer documents are to be lodged with Council at: a The same time as

lodgement of the subdivision plans, or

b If no subdivision plans are required, prior to the commencement of the use.

Where subdivision plans are required, the applicant must provide Council with evidence of the transfer of the land identified in paragraph (a) within 30 days of the registration of the subdivision plan that shows the entirety of the land identified in paragraph (a).

Endorsement of concepts 13 The contents of the Statement of Landscape Intent (‘SLI’) referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed SLI.


Amended Statement of Landscape Intent 14 The applicant must amend the Statement of a Landscape Intent (SLI), being Landscape Intent Plan, Drawing No. LIP-01 & LIP-02, Amendment C, dated 14-10-15 to include the following:

Amend internal lot layout to reflect the plan titled: i Turners Business Park Subdivision Proposal Plan, Drawing No. 0039-SPP-01, Rev A, dated 14-10-15, prepared by AS Town Planning; Amend planting palette to reflect the approved ii Stormwater Management Plan titled: Amended Stormwater Assessment and Management Plan for Proposed Industrial Estate, Lot 3 Peachey Road, Luscombe, Queensland, dated March 2013, prepared by Gilbert and Sutherland.

Timing Amended SLI must be submitted in conjunction with future ROL applications over the subject site.


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Advise Note: Final plant detail to be determined through assessment of Operational Works (Public Landscape) application.

Revegetation of stormwater infrastructure 15 All stormwater treatment areas (including swales, a basins, outlet points and newly created flow paths) must be revegetated using locally endemic native species and at densities specified in the Gold Coast Planning Scheme Policy 11 Land Development Guidelines, Section 13 Water Sensitive Urban Design Guidelines. Outlet areas should be revegetated at suitable density b (to ensure stability of all areas especially newly created flow paths). Revegetation treatment must occur around the outlet c point, below the outlet point and along the flow path to the newly created low flow path or existing creek or river flow path. Rehabilitation treatment including Regional Ecosystem d reference type, revegetation species lists and planting densities will be finalised as part of approval of the Operational Works (Public Landscape) Development Application. Bioretention basins (or areas affected by high velocity e flows) should have sufficient revegetation and jute mat treatment to ensure soil stability and to restrict public access into the flow path area.


Vehicle exclusion barriers to be provided 16 All public open space to be transferred to Council, a including pump stations, easements and road verge setbacks, must be:

bordered by vehicle exclusion barriers; and, i where necessary, fitted with a standard park ii access gate which must be fitted with an anti-vandal box in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. To restrict unauthorised vehicle access. Within natural areas and where a vehicle will iii face downhill towards a gate, for safety reasons the anti-vandal box must be located on the driver's side of the gate (optional).

These vehicle exclusion barriers must be installed on b the park boundary and where possible within mulched, edged garden beds/planting areas to reduce maintenance in and around the barriers. Low growing planting areas and/or soft-scaping c features do not constitute vehicle exclusion devices.



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Retaining structures – design and construction 17 Retaining structures and associated footings must a comply with Planning Scheme Policy 11 - Land Development Guidelines, Standard Specifications and Drawings including in particular, but not limited to:

Section 3.2.7 (Cut/fill batters and earth retaining i structures); and Section 7.7 (Building near or over Council water, ii sewer and/or stormwater services).

Retaining structures adjoining roads, car parking areas b or other structures must be designed and constructed to take surcharge loadings. Design drawings must indicate the point of discharge for surface stormwater and subsoil drainage that is collected behind the retaining structures. Retaining structures proposed within private lots must c not encroach onto existing or proposed road reserves, public open spaces or easements. The structures (including associated footings) are to be located within the proposed residential property and are to be founded such that any excavation by Council or service authorities up to the boundary will not result in additional expense, safety measures or rectification being necessary to perform such works.


Detailed landscape plans for public open space to be 18 submitted for approval

The applicant must submit to Council for approval a detailed landscape plans, by making a development application for operational work (public landscape work). Landscape works must not commence on the site until b Council has issued a development permit for operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch. Without limiting the requirements of the planning c scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i be prepared by a qualified landscape architect or

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

Landscape Intent, being Landscape Intent Plan, Drawing No. LIP-01 & LIP-02, Amendment C, dated 14-10-15 including any amendments required by conditions of approval;

iii reflect the approved layout (including any amendments to that layout required by these

Timing Prior to any landscape works occurring.


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conditions) and the conditions of this approval; iv comply with Planning Scheme Policy 13 -

Landscape Strategy Part 2 - Landscape Works Documentation Manual;

v for works in the road reserve – comply with the following requirements: A Trees must not be aligned with side

boundaries or where underground services are located;

B Tree planting must be set back a minimum of one metre from the nominal kerb line;

C Trees must be a single-trunked canopy shade species able to attain a clear trunk height of 1800 mm on maturity;

D Trees must be kept a minimum distance of two metres laterally from inlet gullies;

E All built structures associated with an entry statement must be located within private property. Planting associated with the entry statement is acceptable in the road reserve area only where it achieves the requirements of Planning Scheme Policy 13 - Landscape Strategy Part 2 - Landscape Works Documentation Manual and Planning Scheme Policy 6: Entry Statements; and

vi for all public open space areas – comply with the following requirements:

A Compliance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings must be demonstrated;

B Details of all landscape works including new planting, rehabilitation works, built structures, stormwater treatment devices and wetland areas must be provided;

vii include detailed design drawings of the stormwater treatment train including bioretention systems

viii (if required by the conditions of this approval) which have been prepared in consultation with a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater.

The landscape works must be constructed in d accordance with the approved landscape plan.

Timing Compliance with (d) to occur prior to the earliest of a request for compliance assessment of the subdivision plan,


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or if an uncompleted works bond agreement is entered into with Council prior to Council accepting the works ‘On Maintenance’.

‘Pre-start’ inspection required 19 The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

Timing Prior to the commencement of approved landscape works on site.

Establishment period for open space 20 Upon completion of the landscape works in accordance a with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’. The applicant is responsible for the establishment of all b living components of public open space, to the satisfaction of the Chief Executive Officer, for the duration of a twelve month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with sections 6, 9, and 11 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. Without limiting the obligations under section 6 of the c Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’:

rectify any defects arising from substandard i workmanship; replace any planted vegetation of poor quality or ii inappropriate species where used instead of specified species; and maintain all components and their environs. iii


‘On Maintenance’ period for open space 21 Upon satisfactory completion of the ‘Establishment’ a period and Council notifying the applicant that the public open space has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a 12 month ‘On Maintenance’ period in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.



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Without limiting the obligations under Planning Scheme b Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for:

Maintaining open space areas; and i For the rectification of defects and any damage ii that occurs, unless the damage is directly attributable to Council activities.

Preparation of maintenance management plan 22 A maintenance management plan (‘MMP’) for all land a identified as public open space on the plans specified in Conditions titled ‘Transfer of open space’ of this development approval must be prepared. The MMP must be prepared by suitably qualified b professional. The MMP must be drafted in accordance with Council’s c Open Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1). The MMP must be submitted and approved in d conjunction with the Operational Works (Public Landscape) application.



A The MMP is a separate application to be assessed alongside the Operational Works (Public Landscape) application. Submission of the MMP requires the applicant to fill out and submit an application form. A link to the MMP application form can be found on the following City of Gold Coast link; http://www.goldcoast.qld.gov.au/documents/fa/fm589_environ_manag_plan.pdf. Failure to submit this form with the MMP application will result in a not properly made application and or additional charges.

Fencing of boundary between transferred open space 23 and private land

Fences must be constructed at the interface of a common boundaries between public open space to be transferred to Council and private land. Such fencing must be a maximum height of 1.8 metres, b a minimum height of 1.2 metres and be of an open style with a minimum 50% transparency.

Timing Prior to the commencement of the use.

Standard of works/embellishments within open space 24 Works undertaken and embellishments installed within public open space must be in ‘as new’ condition or with signs of depreciation limited to deterioration commensurate with moderate use during the ‘On Maintenance’ period. The condition of works and embellishments includes, but is not

Timing During the ‘On Maintenance’ period and ‘Off Maintenance’ inspection.


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http://www.goldcoast.qld.gov.au/documents/fa/fm589_environ_manag_plan.pdf


limited to, elements of structural, functional and aesthetic integrity.

As Constructed data to be submitted 25 The applicant must submit to Council the ‘As Constructed Data’ in accordance with the requirements of the Planning Scheme Policy 11 – Land Development Guidelines.

Timing Prior to the acceptance by Council of the commencement of the ‘On Maintenance’ period.

Building setbacks to adjacent public open space 26 All buildings on lots adjoining public open space must be setback a minimum of 4 metres at the top of the fill batter or base of the cut better (whichever is relevant) in accordance with condition 2.b.iv and 2.b.v of the preliminary approval for reconfiguration of a lot (Part B of court consent order no. 141 of 2015).


Cut and fill batters and retaining structures – setback to 27 adjacent public open space

Cut and fill batters, retaining structures and associated a footings must comply with Planning Scheme Policy 11 - Land Development Guidelines, Standard Specifications and Drawings including in particular, but not limited to Section 3.2.7 (Cut/fill batters and earth retaining structures). Cut and fill batters, retaining structures and associated b footings within private lots must not straddle any lot boundaries or encroach onto existing public open space. They must be located wholly within the private lot.


VEGETATION MANAGEMENT

Vegetation works OPW application required 28 This approval does not approve vegetation clearing or damage. A development application for operational work (vegetation works) must be made to and approved by Council for any works proposing clearing or damage to any Protected Vegetation. The application must be accompanied by a copy of each of the following plans (and, where a plan has already been approved, that plan must be accompanied by the corresponding approval documentation (ie. decision notice or letter of approval)):

The approved MCU / ROL layout plan. a The approved bushfire management plan. b Plans clearly identifying which vegetation is proposed c to be removed and which vegetation is proposed to be retained.

Timing Prior to the commencement of any operational works for vegetation clearing.


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A fauna management plan. d A vegetation management plan. e An arborist report. f A sediment and erosion control and construction g management plan.

For this condition ‘Protected Vegetation’ is defined as vegetation that is:

• equal to, or in excess of, 40 centimetres in girth (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or

• equal to, or in excess of, four metres in height in the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP.

Vegetation management plan to be submitted for 29 approval

The applicant must submit a vegetation management a plan (‘VMP’) to Council for approval. No clearing of any Protected Vegetation can occur until a development permit for operational work (vegetation clearing) is secured. For this condition, ‘Protected Vegetation’ is vegetation that is:

Equal to, or in excess of, 40 centimetres in girth i (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or Equal to, or in excess of, four metres in height in ii the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP.

The VMP must be prepared by a suitably qualified b professional and include all the following information:

Timing At the same time as making a development application for operational work (vegetation clearing).


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The following particulars (including drawings) of i the land: A The real property description and street

address; B A site analysis plan; C Scale and north point; and D Location of existing and approved buildings,

structures, services and roads. The location (to be accurately mapped) of any ii vegetation on and adjacent to the site that is: A ‘protected vegetation’ under the Nature

Conservation Act 1992 (Qld); B a ‘listed threatened species’ under the

Environment Protection and Biodiversity Conservation Act 1999 (Cth);

C City Wide Significant Species / Local Significant Species; or

D Potential habitat trees (trees with indication of fauna use i.e. hollows, nests, scratches, scats).

The following particulars of Protected Vegetation iii on and adjacent to the site: A Location and differentiation of the different

vegetation types on site, indicating which areas are proposed to be cleared and areas on and/or adjacent to the site where vegetation is to be retained; and

B Particulars of trees which are significant species (including city wide / local significant species) and potential habitat trees, including species name, common name, height and girth, radial distance of canopy and root zone.

The following information in relation to proposed iv vegetation management: A Particulars of how the vegetation is

proposed to be damaged; B A statement of the reasons why the

damage is necessary and any relevant factors associated with the purpose of the proposed damage;

C Details of location, size and species of replacement vegetation to be incorporated into landscaping to compensate for the loss of significant species (including city wide / local significant species);

D Details of all proposed buildings, site access and services;

E Details of strategies and methods to be implemented to protect vegetation to be


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retained adjacent to clearing areas; F Methods for the reuse of felled vegetation

from the subject site; G Disposal methods for remaining debris after

the above methods have been employed; H Treatment of surfaces adjacent to any

vegetation to be retained on adjacent properties (eg. grassing, bitumen paving and the like).

Arborist report – tree assessment and tree management 30 plan

The applicant must submit a Tree Assessment and a Tree Management Plan for all existing trees to be retained which are located within adjacent properties and will have works occuring in their tree protection zones. This plan is to be prepared by a qualified Arborist with a b minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture. All tree management procedures within the report are c to be in accordance with the Australian Standard AS4970 - 2009 Protection of trees on development sites. The Arborist report must contain the following information:

A site plan indicating the location of any i significant species (including city wide / local significant species) and potential habitat trees (trees with indication of fauna use i.e. hollows, nests, scratches, scats) to be retained. Particulars of trees which are significant species ii (including city wide / local significant species) and potential habitat trees (trees with indication of fauna use i.e. hollows, nests, scratches, scats), including species name, height and girth, radial distance of canopy, structural root and tree protection zones. Details of all proposed vegetation works (i.e. any iii required pruning) to ensure the survival, ongoing health and vigour of retained vegetation (given proximity to buildings and areas where works are to be undertaken) including any necessary reductions (crown, thinning, root truncations) to accommodate footings and foundations, and protective devices (protective fences, root curtains/barriers) to minimise construction impacts.



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FAUNA MANAGEMENT

Preparation of fauna management plan 31 A fauna management plan that includes the following information must be prepared by a suitably qualified and experienced professional:

Description of the development proposal and clearing a works. Site description including plans and supporting text b providing a description of vegetation communities and fauna habitat values to be cleared and retained. Fauna known to occur at the site (based on the c outcomes of the Ecological Assessment and any additional site inspections) and a brief habitat description/identification of locations that the species are known to occur. Fauna likely to occur at the site (based on outcomes on d the Ecological Assessment and database searches such as WildNet) and a brief habitat description/identification of locations that the species are likely to occur. Identification of significant fauna species known and e likely to occur at the site. Identification of known and potential habitat trees f (displaying values such as hollows, fissures, nests, drays, arboreal termitaria used as nests etc). Identification of general fauna habitat (including weed g species that may offer fauna habitat, native vegetation, rivers, creeks, ground resources such as boulders and hollow logs). Details for demarking areas that are of high habitat h value to be disturbed (e.g. habitat trees, disturbance in sensitive areas etc). Information on how the clearing will be undertaken i including:

Whether the clearing will be undertaken in i stages; Special considerations for clearing (e.g. juvenile ii vegetation first); Time periods between clearing of staged areas iii (where applicable) or immature vegetation; Direction of clearing; iv Staging of infrastructure (taking into consideration v temporary movement corridors); and Temporary methods required (e.g. barrier fencing vi to prevent fauna fleeing to roads or fauna friendly fencing to assist fauna movement into adjacent habitat areas).



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Information on how trees are to be inspected for j denning or nesting animals including constraints for inspecting trees (to provide acceptable alternative methods). Considerations relating to time periods for when fauna k is to be removed/flushed prior to clearing. Methods for moving denning or nesting animals and/or l capture or flushing of ground dwelling animals. Details of special equipment required (such as m chainsaws, cameras etc). Identification of general locations that wildlife will be n relocated/translocated to if required (based on habitat requirements). Information on how the animal is to be protected once o relocated. Methods to euthanise injured animals as well as p contact details (including telephone number) and location of the closest vets (and others close by). Detailed methods for the translocation and protection of q significant fauna species known and likely to occur at the site. Special considerations for nesting times. r

Prior endorsement by DEHP of fauna management plan 32 If the fauna management plan proposes the capture and release and/or management of any fauna that is ‘protected wildlife’ as defined under the Nature Conservation Act 1992, the applicant must provide evidence to Council of:

That the proposed FMP has been endorsed by the a Department of Environment and Heritage Protection prior to its submission to Council; or A statement from DEHP as to whether a species-b specific Fauna Translocation Management Plan is required.

NATURE CONSERVATION (KOALA) MANAGEMENT

Koala conservation requirements 33 All clearing must be undertaken in accordance with Part 3 of the Nature Conservation (Koala) Conservation Plan 2006 (Qld) (the ‘Koala Plan’) which includes but is not limited to obligations in relation to:

Sequential clearing conditions in accordance with a section 15 of the Koala Plan; and The need for a Koala Spotter in accordance with b section 16 of the Koala Plan.

Information note: The Koala Plan is available at: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/N/NatureConKP06.pdf



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On-site dog control 34 Any dogs on-site must be controlled at all times to avoid any harm to fauna on-site. The applicant shall ensure that all persons involved with on-site works are aware of this requirement.


ENVIRONMENTAL PEST MANAGEMENT

Fire Ant control requirements 35 The applicant must ensure:

All landscape materials including but not limited to a soils, mulch, gravel, potted or ex-ground plants, pavers, timber etc to be used on this site are free of Fire Ants and Fire Ant eggs. All material imported to or exported from the site must b be checked by a suitably qualified professional and certified that:

no risk of transportation of Fire Ants exists; and i that all materials are free from Fire Ant ii contamination.

Timing A copy of the required certification must be provided to Council prior to compliance assessment of the subdivision plan.

BUSHFIRE MANAGEMENT

Bushfire management plan must be complied with 36 All development carried out must be in accordance with a the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire Management Plan for Proposed Industrial Development on Lot 3 SP254376 Peachy Road Yatala, A 327963, dated 01/07/2015, prepared by 28 South Environmental. All measures required by the approved BMP must be b implemented prior to the commencement of the use of the premises. The approved BMP must be complied with at all times c for the life of the development and the use of the premises.


Certification of compliance with approved bushfire 37 management plan The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing This certification must be provided to Council prior to the commencement of the use of the premises.

Copy of the complete and approved bushfire 38 management plan The applicant is required to obtain a copy of the complete approved bushfire management plan (BMP) as described above from the Gold Coast City Council. The approved BMP attained from Council is the sole plan to be complied with and distributed to all landowners.



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Road design to provide access for fire fighters 39 Roads are to be designed and constructed to provide safe access for fire fighters.


Water supply requirements for fire fighting (reticulated 40 water supply) For uses involving new or existing buildings with a gross floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times. The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

Timing Prior to the use commencing and then maintained at all times.

Deviations require approval 41 Should any changes to the development or site parameters occur, the applicant is responsible for advising the bushfire consultant to ensure that the bushfire management plan (BMP) is not affected by these changes. This is including but not limited to areas of revegetation, conservation, covenants and retained bushland. Where amendments to the development or site parameters are proposed, an amended bushfire management plan (BMP) that takes into account the changes may be required to be lodged. Any such amended plan will be subject to further assessment and approval.


Compliance with the recommendations 42 All recommendations made in response to the bushfire management plan (BMP) by the bushfire consultant or Queensland Fire & Emergency Services (QFES), should be considered as requirements and conditions of approval for this application unless otherwise stated in writing by the Gold Coast City Council. Where there is a conflict, the conditions listed within the BMP apply.


Approved bushfire management plan and Council’s 43 decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners.


Information note: A notification has been placed on Council’s rates card for the property advising that an approved bushfire management plan is in existence, is available to ensuing owners, and must be complied with by ensuing owners.


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GOLD COAST WATER CONDITIONS OF APPROVAL

Sewer reticulation 44 All lots within the development must be connected to a Council’s sewer reticulation system at the applicant’s cost. The size of the property service for each lot must be a b minimum of 150mm. The applicant is responsible for any external works c necessary to connect to Council’s live sewer reticulation system.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan.

Design, construction and standard of sewer reticulation 45 The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).


Connection point 46 The existing trunk gravity sewer located in Peachey a Road must be used as the connection point, unless otherwise approved by Gold Coast Water. A discharge manhole must be constructed at the b nominated connection point to provide a connection to the rising main.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan

Sewer reticulation schematic plan 47 The applicant must submit to Gold Coast Water a a sewer reticulation schematic plan for the proposed development that:

Demonstrates how the development is to be i connected to Council’s sewer network; Makes allowance for any external catchments ii that may drain through the subject site; Accommodates extension of the sewer main to iii the upstream property boundary to provide for future sewerage connectivity of the upstream external catchment; and Includes a direct gravity connection to the iv existing sewer main.

The applicant must obtain Gold Coast Water’s approval b of the sewer reticulation schematic plan. (Advice Note: The applicant must use the Infrastructure Charges Temporary Planning Instrument Water Supply and Wastewater Land Use Category Demand Table for the calculations of Equivalent Tenement (ET) in order to determine the sewage demands).

Timing Approval of the sewer reticulation schematic plan to occur prior to making any development application for operational work (works for infrastructure).


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Necessary Trunk Sewerage Infrastructure 48 The applicant must construct a pump station (size to be a determined in OPW stage) located within the western side of the site, and a rising main (size to be determined in OPW stage), discharge manhole and gravity sewer connection to the existing trunk sewer in Peachey Road. A site must be dedicated to Council in fee simple for b the pump station which can be easily accessed. The pump station and rising main (and discharge c manhole) must be designed in accordance with the SEQ Sewerage and Sewage Pump Station Design and Construction Codes. The design and specifications of the sewerage works d must be submitted to Council for approval. Tender and construction specifications and assessment e must be submitted to Council for approval. The applicant must provide a contract management f and delivery plan including procedures and processes for contract award, evaluation, provisional items, variations, claims, hold pints and reporting to Council for approval. The location of the sewage pump station within the site g shall be determined in conjunction with the relevant sections of the City, including Gold Coast Water, Council’s Parks, and Council’s Environment Sections. The applicant must call for public tender for the trunk h sewerage works. The Applicant must obtain the Council’s written consent i for the recommended tenderer and infrastructure works contract. The applicant is to provide a performance bond of 5% j of the agreed construction cost (this is to be called up in the event that the constructor cannot complete the works). The bond will be extinguished when the infrastructure works go on-maintenance. The applicant must provide evidence of payment and k construction progress reports in the Council required

Timing Prior to the compliance assessment of the Reconfiguring of a Lot plan.

Timing In conjunction with the Operational works Approval.

Timing Prior to public tender.


Timing Prior to submission of design of tendering.

Timing Prior to construction of works

Timing Prior to award of infrastructure works contract

Timing


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format with every refund claim submitted to Council The applicant must provide a progress report regarding l the progress of the works before the 30th day of each month.

As soon as practicable after the works have reached m completion the Applicant must provide a completion report, a survey of the works prepared by a licenced surveyor and as constructed drawings of the works. The completion report must include an asset handover checklist, a spreadsheet which provides detailed particulars of the works and copies of any operation and works manuals. The Applicant must ensure that the contractor obtains n and keeps in force for the term of the works contract, contract works insurance of not less than the approved value plus 10% and provide a copy to Council if requested. If any part of the works are to be constructed on a o public place the Applicant must obtain and keep in place public liability insurance of not less than $25,000,000 and include the Council as a named insured and provide a copy to Council if requested. The Applicant must indemnify the Council against any p liability, loss or damage claimed against the Council arising from the applicant's provision of the works excluding any liability, loss or damage arising from the Council’s own actions, omissions or negligence.

This condition is imposed in accordance with Section 647 of the Sustainable Planning Act 2009. Note: The applicant is invited to enter into an infrastructure agreement with the Council to provide certainty to both parties in respect of the above requirements and timing of the provision of any refund.

Prior to pre-start

Timing Prior to commencement of works


Timing Prior to on-maintenance




Operational work (works for infrastructure) application 49 required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.


Connection and disconnection – arrangements with Gold 50 Coast Water Any connection and disconnection to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).

Timing Prior to connection to existing infrastructure.


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Completion of external sewer connections 51 All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council.

Timing Prior to the request for compliance assessment of the Reconfiguring of a Lot plan.

Public utility sewer easements 52 Public utility sewer easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council’s sewer infrastructure located in private land. Such easements must meet the following requirements:

The applicant must provide to Council a certification a from the Registered Land Surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition. The terms of such easements shall be to the b satisfaction of Council’s Chief Executive Officer. Easement plans and associated documents must be c duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution. When registering the easements, the Form 9 document d shall refer to Registered Standard Terms Document No. 707918364.

Timing The terms of the easement shall be executed prior to the compliance assessment of the Reconfiguring of a Lot plan.


Water supply reticulation (potable only) 53 All lots within the development must be connected to Council’s potable water reticulation system, prior to a request for compliance assessment of the Reconfiguring of a Lot plan, at the applicant’s cost.

Timing Prior to lodgement of BA application for each lot.

Design, construction and standard of water supply 54 reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).


Connection point 55 The existing 600mm main in Peachey Road/Stanmore Road must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.



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Non-trunk infrastructure 56 Minimum 150mm water mains must be constructed from the nominated connection point so that each lot is to directly connect to a 150mm water main and not to the existing 600mm trunk water main.


Operational work (works for infrastructure) application 57 required The applicant must obtain a development permit for operational work (works for infrastructure) for all works where the water infrastructure assets are to be owned and/or maintained by Council.


Installation of property service, water meter box and 58 meter The applicant must:

Submit an Operational Works (OPW) application, for a Council's approval, for water meters 40mm and above; Following approval of the OPW (if required), make b application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation.

The property service, water meter box and water i meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code and/or any applicable COGC policies and procedures), at the applicant’s cost;

Make application for GCW to remove any redundant c water meters and/or services, at the applicant's cost.


Connection and disconnection – arrangements with Gold 59 Coast Water

Any connection and disconnection to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).


Completion of external connections 60 All external water connections must be completed and approved by Gold Coast Water.


Supply standard 61

The applicant must provide water supply to the standard



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specified in Gold Coast City Council’s Land Development Guidelines and Gold Coast Water’s Network Modifications Extensions and Connections Policy Procedure. Fire loading 62

Fire loading must not exceed 30L/s at 4 hours duration for industrial uses.



B Listing of koala under EPBC Act 1999 • Koala populations in South East Queensland are now listed (since May 2012) under

the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) as a matter of national environmental significance. You should consider whether the works (including but not limited to any damage to or removal of koala habitat trees) are likely to have a significant impact on koala (or any other matter of national environmental significance) and should be referred to the Department of Sustainability, Environment, Water, Population and Communities (SEWPAC). Some guidance is provided in the document available at the following link, but you should secure your own advice: http://www.environment.gov.au/epbc/publications/pubs/bio240-0612-interim-koala-referral-advice.pdf

• It is an offence under the EPBC Act to take an action that has a significant impact on a matter of national environmental significance unless you have approval under the EPBC Act. It is also an offence under s.74AA of the EPBC Act to take an action while you are waiting on a referral or approval decision from SEWPAC under the EPBC Act.

• The giving of a development approval by Council and authorisations under it (e.g. an authorisation following a pre-start inspection) does not override, remove or otherwise affect the need for you to comply with other approval requirements under local, State or Commonwealth laws (e.g. the EPBC Act). You are responsible for ensuring you have obtained all other necessary approvals before the work the subject of this approval/authorisation can be lawfully commenced.

C Conditions contained within the Decision Notice

Where applicable, conditions of approval in this Decision Notice have a separate timing component to clarify when compliance with the condition must be achieved. This timing component forms part of the condition itself.

D Referral agencies

The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in the conditions of approval.

Referral agency Address Jurisdiction Department of Infrastructure, Local Government and Planning

PO BOX 3290 Australia Fair, Southport, QLD, 4215

Concurrence agency – Clearing Vegetation


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http://www.environment.gov.au/epbc/publications/pubs/bio240-0612-interim-koala-referral-advice.pdf



E Properly made submissions


F Rights of appeal


G Applicant responsibilities









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H Indigenous cultural heritage legislation and duty of care requirement


I Greenhouse gas emissions


J Infrastructure charges


Author: Authorised by: Sheena Phillips Dyan Currie A/ Senior Planner – ROL Director Planning and Environment January 2016


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Committee Recommendation Changed At Council Meeting 16 February 2016 COMMITTEE RECOMMENDATION CP16.0210.002 moved Cr Betts seconded Cr Taylor Real property description Lot 3 on SP254376 Address of property Peachey Road Yatala Area of property 259,5900m2 Decision type Development Permit for Reconfiguring a Lot for three

(3) Industrial Lots and Park for stormwater purposes Further development permits OPW (Works for Infrastructure) Further compliance permits N/A Compliance assessment required for documents or works

Plan Sealing, Stormwater Management Plan, Open Space Management Plan.

NATURE OF DECISION

A Council approves the issue of a development permit for reconfiguring a lot for three (3) Lot Subdivision, Road and Park, subject to the following conditions:

APPROVED DRAWINGS

Development to be generally in accordance with specified plans/drawings 1 The development must be carried out generally in accordance with the approved plans/drawings listed below, stamped and returned to the applicant with this decision notice.

Plan No. Rev Title Date Prepared by 0039-SPP-01 A Subdivision Proposal Plan

(3 Industrial Lots & Drainage Reserve)


The conditions of this approval are to be read in conjunction with the attached stamped approved plans/drawings. Where a conflict occurs between the conditions of this approval and the stamped approved plans/drawings, the conditions of this approval shall take precedence. Changes requiring further approval 2 Changes to the approved design that are not generally in accordance with the approved plans/drawings require approval in accordance with the Sustainable Planning Act 2009; except as follows: Where changes to the approved design are undertaken to comply with a signed written instruction from the Chief Executive Officer or his representative because of on site or in-situ conditions or errors or omissions in approved drawings, such changes will be accepted as being a permissible change and no further approval from the assessment manager will be required.



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Information note: The Sustainable Planning Act 2009 sets out the procedures for changing approvals where the change can be classified as a permissible change. If the change is not a permissible change, a new development approval is required.

Decision notice and approved plans/drawings to be 3 submitted with subsequent application A copy of this decision notice and accompanying stamped approved plans/drawings must be submitted with any building development application or operational works application relating to or arising from this development approval.


Decision notice and approved plans/drawings to be 4 retained on site A copy of this decision notice and stamped approved plans/drawings must be retained on site at all times. This decision notice must be read in conjunction with the stamped approved plans to ensure consistency in construction, establishment and maintenance of approved works.



Electricity supply 5 The applicant must submit to Council a copy of the a ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that low-voltage electricity supply (sufficient for the ultimate use of each lot) is available to all proposed lots. In supplying power to the site, no additional poles b and/or pole-mounted transformers are to be erected.


TELECOMMUNICATIONS

Telecommunications – Reconfiguring a lot 6 The applicant must:

Provide telecommunications to all proposed lots, in a accordance with telecommunications industry standards (eg. Telstra standards). If new pit and pipe infrastructure is required to be b installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised c telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).



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HYDRAULICS


No increase in peak flow rates downstream from the a site; No increase in flood levels external to the site; and b No increase in duration of inundation external to the c site that could cause loss or damage.





Certification to be submitted 9 The applicant must submit a certification from a a qualified professional (RPEQ or equivalent) confirming that the proposed management lots subdivision is not conflicting with the stormwater management strategy of the previously approved stormwater management report (Council ref: PN238244/123/DA1), being “Amended Stormwater Assessment and Management Plan for Proposed Industrial Estate, Lot 3 Peachy Road, Luscombe, Queensland” prepared by Gilbert & Sutherland Pty Ltd dated March 2013. All works must be carried out and completed generally b in consistent with the approved stormwater management report, being “Amended Stormwater Assessment and Management Plan for Proposed Industrial Estate, Lot 3 Peachy Road, Luscombe, Queensland” prepared by Gilbert & Sutherland Pty Ltd dated March 2013, at no cost to Council to the satisfaction to the Chief Executive Officer.


Timing The certification must be submitted prior to the commencement of the work on site.

Temporary stormwater management devices 10 The stormwater devices and discharge arrangement in a the previously approved report (Gilbert & Sutherland Pty Ltd, March 2013) are located within Lot 2 / Stage 2 of the proposed 3 lots subdivision plan. As such, future subdivision works must be started with development of Lot 2 / Stage 2 first, to facilitate stormwater

Timing Prior to compliance assessment of the subdivision plan.


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management devices for the entire site. Should the applicant choose to start the future subdivision works on Lot 1 and / or Lot 3 first, the applicant must provide temporary stormwater devices and drainage arraignment within the relevant management lot area in accordance with the Land Development Guidelines and QUDM. The temporary stormwater management measure, if b adopted, must be maintained operational until the approved measures are constructed and functional. .


Erosion and sediment control 11 Erosion, sediment and dust control measures must be a designed, implemented and maintained in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Sediment control structures (eg. sediment fence) must b be placed at the base of all materials imported on-site to mitigate any sediment runoff. A perimeter bund and/or diversion drain must be c constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. To minimise unvegetated areas: d

Construction activities must be staged; i Filled areas must be turfed or seeded ii immediately on completion; and No area should remain exposed (unvegetated) iii for more than 2 weeks unless construction work is being undertaken on that area.




in accordance with Figure 2.5 (Application of Grassed



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Filter Strips down a slope) of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). All polluted/contaminated water from the site, including g dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out h before the site is fully rehabilitated:



OPEN SPACE

Transfer of open space 12 The applicant must transfer to Council the areas of public open space listed a below, as identified on the plans indicated (subject to any amendments required by these conditions):

Purpose Description on Plan Plan Reference Waterway/Drainage Reserve

Drainage Reserve 0.956ha

Turners Business Park Subdivision Proposal Plan, Drawing No. 0039-SPP-01, Rev A, dated 14-10-15, prepared by AS Town Planning


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The land identified in paragraph (a) must be transferred b in fee simple as ‘Public Open Space’ to Council of the City of Gold Coast as Trustee. Council will hold the land in trust for community c infrastructure and may use the land, or permit the land to be used, for purposes that do not compromise the purpose for which the land is dedicated. The applicant must lodge the transfer documents with d Council. The transfer of the land to Council must be at no cost e to Council.

Information note: Non-trunk Infrastructure - This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009.

Timing Transfer documents are to be lodged with Council at: a The same time as

lodgement of the subdivision plans, or

b If no subdivision plans are required, prior to the commencement of the use.

Where subdivision plans are required, the applicant must provide Council with evidence of the transfer of the land identified in paragraph (a) within 30 days of the registration of the subdivision plan that shows the entirety of the land identified in paragraph (a).

Endorsement of concepts 13 The contents of the Statement of Landscape Intent (‘SLI’) referenced in this Decision Notice are approved only in concept. Where details, drawings and the level of embellishment do not comply with endorsed Council policy or guidelines, the Council policy or guideline prevails over the contents of the endorsed SLI.


Amended Statement of Landscape Intent 14 The applicant must amend the Statement of Landscape a Intent (SLI), being Landscape Intent Plan, Drawing No. LIP-01 & LIP-02, Amendment C, dated 14-10-15 to include the following:

Amend internal lot layout to reflect the plan titled: i Turners Business Park Subdivision Proposal Plan, Drawing No. 0039-SPP-01, Rev A, dated 14-10-15, prepared by AS Town Planning; Amend planting palette to reflect the approved ii Stormwater Management Plan titled: Amended Stormwater Assessment and Management Plan for Proposed Industrial Estate, Lot 3 Peachey Road, Luscombe, Queensland, dated March 2013, prepared by Gilbert and Sutherland.

Timing Amended SLI must be submitted in conjunction with future ROL applications over the subject site.


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Advice Note: Final plant detail to be determined through assessment of Operational Works (Public Landscape) application.

Revegetation of stormwater infrastructure 15 All stormwater treatment areas (including swales, a basins, outlet points and newly created flow paths) must be revegetated using locally endemic native species and at densities specified in the Gold Coast Planning Scheme Policy 11 Land Development Guidelines, Section 13 Water Sensitive Urban Design Guidelines. Outlet areas should be revegetated at suitable density b (to ensure stability of all areas especially newly created flow paths). Revegetation treatment must occur around the outlet c point, below the outlet point and along the flow path to the newly created low flow path or existing creek or river flow path. Rehabilitation treatment including Regional Ecosystem d reference type, revegetation species lists and planting densities will be finalised as part of approval of the Operational Works (Public Landscape) Development Application. Bioretention basins (or areas affected by high velocity e flows) should have sufficient revegetation and jute mat treatment to ensure soil stability and to restrict public access into the flow path area.


Vehicle exclusion barriers to be provided 16 All public open space to be transferred to Council, a including pump stations, easements and road verge setbacks, must be:

bordered by vehicle exclusion barriers; and, i where necessary, fitted with a standard park ii access gate which must be fitted with an anti-vandal box in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. To restrict unauthorised vehicle access. Within natural areas and where a vehicle will face iii downhill towards a gate, for safety reasons the anti-vandal box must be located on the driver's side of the gate (optional).

These vehicle exclusion barriers must be installed on b the park boundary and where possible within mulched, edged garden beds/planting areas to reduce maintenance in and around the barriers. Low growing planting areas and/or soft-scaping c features do not constitute vehicle exclusion devices.



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Retaining structures – design and construction 17 Retaining structures and associated footings must a comply with Planning Scheme Policy 11 - Land Development Guidelines, Standard Specifications and Drawings including in particular, but not limited to:

Section 3.2.7 (Cut/fill batters and earth retaining i structures); and Section 7.7 (Building near or over Council water, ii sewer and/or stormwater services).

Retaining structures adjoining roads, car parking areas b or other structures must be designed and constructed to take surcharge loadings. Design drawings must indicate the point of discharge for surface stormwater and subsoil drainage that is collected behind the retaining structures. Retaining structures proposed within private lots must c not encroach onto existing or proposed road reserves, public open spaces or easements. The structures (including associated footings) are to be located within the proposed residential property and are to be founded such that any excavation by Council or service authorities up to the boundary will not result in additional expense, safety measures or rectification being necessary to perform such works.


Detailed landscape plans for public open space to be 18 submitted for approval

The applicant must submit to Council for approval a detailed landscape plans, by making a development application for operational work (public landscape work). Landscape works must not commence on the site until b Council has issued a development permit for operational work (public landscape work), or unless otherwise approved by a Council Officer from the Open Space Assessment Branch. Without limiting the requirements of the planning c scheme’s Landscape Work Specific Development Code, the detailed landscape plan must: i be prepared by a qualified landscape architect or

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

Landscape Intent, being Landscape Intent Plan, Drawing No. LIP-01 & LIP-02, Amendment C, dated 14-10-15 including any amendments required by conditions of approval;

iii reflect the approved layout (including any amendments to that layout required by these

Timing Prior to any landscape works occurring.


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conditions) and the conditions of this approval; iv comply with Planning Scheme Policy 13 -

Landscape Strategy Part 2 - Landscape Works Documentation Manual;

v for works in the road reserve – comply with the following requirements: A Trees must not be aligned with side

boundaries or where underground services are located;

B Tree planting must be set back a minimum of one metre from the nominal kerb line;

C Trees must be a single-trunked canopy shade species able to attain a clear trunk height of 1800 mm on maturity;

D Trees must be kept a minimum distance of two metres laterally from inlet gullies;

E All built structures associated with an entry statement must be located within private property. Planting associated with the entry statement is acceptable in the road reserve area only where it achieves the requirements of Planning Scheme Policy 13 - Landscape Strategy Part 2 - Landscape Works Documentation Manual and Planning Scheme Policy 6: Entry Statements; and

vi for all public open space areas – comply with the following requirements:

A Compliance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings must be demonstrated;

B Details of all landscape works including new planting, rehabilitation works, built structures, stormwater treatment devices and wetland areas must be provided;

vii include detailed design drawings of the stormwater treatment train including bioretention systems

viii (if required by the conditions of this approval) which have been prepared in consultation with a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater.

The landscape works must be constructed in d accordance with the approved landscape plan.

Timing Compliance with (d) to occur prior to the earliest of a request for compliance


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assessment of the subdivision plan, or if an uncompleted works bond agreement is entered into with Council prior to Council accepting the works ‘On Maintenance’.

‘Pre-start’ inspection required 19 The applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council asset owners, Contributed Assets personnel and development representatives. The applicant must contact Council’s Contributed Assets Section (ph: (07) 5582 9034) to schedule the meeting.

Timing Prior to the commencement of approved landscape works on site.

Establishment period for open space 20 Upon completion of the landscape works in accordance a with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 9034) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’. The applicant is responsible for the establishment of all b living components of public open space, to the satisfaction of the Chief Executive Officer, for the duration of a twelve month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with sections 6, 9, and 11 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings. Without limiting the obligations under section 6 of the c Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’:

rectify any defects arising from substandard i workmanship; replace any planted vegetation of poor quality or ii inappropriate species where used instead of specified species; and maintain all components and their environs. iii


‘On Maintenance’ period for open space 21 Upon satisfactory completion of the ‘Establishment’ a period and Council notifying the applicant that the public open space has been formally accepted as being ‘On Maintenance’ following an ‘On Maintenance’ inspection, the applicant is responsible for undertaking a 12 month ‘On Maintenance’ period in accordance with Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.



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Without limiting the obligations under Planning Scheme b Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for:

Maintaining open space areas; and i For the rectification of defects and any damage ii that occurs, unless the damage is directly attributable to Council activities.

Preparation of maintenance management plan 22 A maintenance management plan (‘MMP’) for all land a identified as public open space on the plans specified in Conditions titled ‘Transfer of open space’ of this development approval must be prepared. The MMP must be prepared by suitably qualified b professional. The MMP must be drafted in accordance with Council’s c Open Space Management Guideline: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007, Version 1). The MMP must be submitted and approved in d conjunction with the Operational Works (Public Landscape) application.



A The MMP is a separate application to be assessed alongside the Operational Works (Public Landscape) application. Submission of the MMP requires the applicant to fill out and submit an application form. A link to the MMP application form can be found on the following City of Gold Coast link; http://www.goldcoast.qld.gov.au/documents/fa/fm589_environ_manag_plan.pdf. Failure to submit this form with the MMP application will result in a not properly made application and or additional charges. Fencing of boundary between transferred open space 23 and private land

Fences must be constructed at the interface of a common boundaries between public open space to be transferred to Council and private land. Such fencing must be a maximum height of 1.8 metres, b a minimum height of 1.2 metres and be of an open style with a minimum 50% transparency.


Standard of works/embellishments within open space 24 Works undertaken and embellishments installed within public open space must be in ‘as new’ condition or with signs of depreciation limited to deterioration commensurate with moderate use during the ‘On Maintenance’ period. The condition of works and embellishments includes, but is not limited to, elements of structural, functional and aesthetic integrity.

Timing During the ‘On Maintenance’ period and ‘Off Maintenance’ inspection.


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http://www.goldcoast.qld.gov.au/documents/fa/fm589_environ_manag_plan.pdf


As Constructed data to be submitted 25 The applicant must submit to Council the ‘As Constructed Data’ in accordance with the requirements of the Planning Scheme Policy 11 – Land Development Guidelines.

Timing Prior to the acceptance by Council of the commencement of the ‘On Maintenance’ period.

Building setbacks to adjacent public open space 26 All buildings on lots adjoining public open space must be setback a minimum of 4 metres at the top of the fill batter or base of the cut better (whichever is relevant) in accordance with condition 2.b.iv and 2.b.v of the preliminary approval for reconfiguration of a lot (Part B of court consent order no. 141 of 2015).


Cut and fill batters and retaining structures – setback to 27 adjacent public open space

Cut and fill batters, retaining structures and associated a footings must comply with Planning Scheme Policy 11 - Land Development Guidelines, Standard Specifications and Drawings including in particular, but not limited to Section 3.2.7 (Cut/fill batters and earth retaining structures). Cut and fill batters, retaining structures and associated b footings within private lots must not straddle any lot boundaries or encroach onto existing public open space. They must be located wholly within the private lot.


VEGETATION MANAGEMENT


The approved MCU / ROL layout plan. a The approved bushfire management plan. b Plans clearly identifying which vegetation is proposed c to be removed and which vegetation is proposed to be retained. A fauna management plan. d A vegetation management plan. e An arborist report. f A sediment and erosion control and construction g



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management plan. For this condition ‘Protected Vegetation’ is defined as vegetation that is: • equal to, or in excess of, 40 centimetres in girth

(circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or


Vegetation management plan to be submitted for 29 approval

The applicant must submit a vegetation management a plan (‘VMP’) to Council for approval. No clearing of any Protected Vegetation can occur until a development permit for operational work (vegetation clearing) is secured. For this condition, ‘Protected Vegetation’ is vegetation that is:

Equal to, or in excess of, 40 centimetres in girth i (circumference) measured at 1.3 metres above average ground level irrespective of the domain or LAP; or Equal to, or in excess of, four metres in height in ii the Rural, Park Living or Emerging Communities Domains, Burleigh Ridge LAP, Coomera LAP (Precincts 7, 9 and 10), Coomera Town Centre (Precincts 8, 10 and 11), Currumbin Hill LAP, Eagleby LAP (Precinct 6), East Coomera/Yawalpah Conservation LAP, Guragunbah LAP, Hope Island LAP (Precinct 3), Mudgeeraba Village LAP, Nerang LAP (Precincts 9 and 10), South Stradbroke LAP, Uplands Dr and Woodlands Way LAP, West Burleigh Township LAP or Yatala Enterprise Area LAP.

The VMP must be prepared by a suitably qualified b professional and include all the following information:

The following particulars (including drawings) of i the land: A The real property description and street

address; B A site analysis plan; C Scale and north point; and D Location of existing and approved buildings,



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structures, services and roads. The location (to be accurately mapped) of any ii vegetation on and adjacent to the site that is: A ‘protected vegetation’ under the Nature

Conservation Act 1992 (Qld); B a ‘listed threatened species’ under the

Environment Protection and Biodiversity Conservation Act 1999 (Cth);

C City Wide Significant Species / Local Significant Species; or

D Potential habitat trees (trees with indication of fauna use i.e. hollows, nests, scratches, scats).

The following particulars of Protected Vegetation iii on and adjacent to the site: A Location and differentiation of the different

vegetation types on site, indicating which areas are proposed to be cleared and areas on and/or adjacent to the site where vegetation is to be retained; and

B Particulars of trees which are significant species (including city wide / local significant species) and potential habitat trees, including species name, common name, height and girth, radial distance of canopy and root zone.

The following information in relation to proposed iv vegetation management: A Particulars of how the vegetation is

proposed to be damaged; B A statement of the reasons why the

damage is necessary and any relevant factors associated with the purpose of the proposed damage;

C Details of location, size and species of replacement vegetation to be incorporated into landscaping to compensate for the loss of significant species (including city wide / local significant species);

D Details of all proposed buildings, site access and services;

E Details of strategies and methods to be implemented to protect vegetation to be retained adjacent to clearing areas;

F Methods for the reuse of felled vegetation from the subject site;

G Disposal methods for remaining debris after the above methods have been employed;

H Treatment of surfaces adjacent to any vegetation to be retained on adjacent


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properties (eg. grassing, bitumen paving and the like).

Arborist report – tree assessment and tree management 30 plan

The applicant must submit a Tree Assessment and a Tree Management Plan for all existing trees to be retained which are located within adjacent properties and will have works occuring in their tree protection zones. This plan is to be prepared by a qualified Arborist with b a minimum Australian Qualification Framework (AQF) Level 5 in Arboriculture. All tree management procedures within the report are c to be in accordance with the Australian Standard AS4970 - 2009 Protection of trees on development sites. The Arborist report must contain the following information:

A site plan indicating the location of any i significant species (including city wide / local significant species) and potential habitat trees (trees with indication of fauna use i.e. hollows, nests, scratches, scats) to be retained. Particulars of trees which are significant species ii (including city wide / local significant species) and potential habitat trees (trees with indication of fauna use i.e. hollows, nests, scratches, scats), including species name, height and girth, radial distance of canopy, structural root and tree protection zones. Details of all proposed vegetation works (i.e. any iii required pruning) to ensure the survival, ongoing health and vigour of retained vegetation (given proximity to buildings and areas where works are to be undertaken) including any necessary reductions (crown, thinning, root truncations) to accommodate footings and foundations, and protective devices (protective fences, root curtains/barriers) to minimise construction impacts.


FAUNA MANAGEMENT

Preparation of fauna management plan 31 A fauna management plan that includes the following information must be prepared by a suitably qualified and experienced professional:

Description of the development proposal and clearing a works. Site description including plans and supporting text b



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providing a description of vegetation communities and fauna habitat values to be cleared and retained. Fauna known to occur at the site (based on the c outcomes of the Ecological Assessment and any additional site inspections) and a brief habitat description/identification of locations that the species are known to occur. Fauna likely to occur at the site (based on outcomes on d the Ecological Assessment and database searches such as WildNet) and a brief habitat description/identification of locations that the species are likely to occur. Identification of significant fauna species known and e likely to occur at the site. Identification of known and potential habitat trees f (displaying values such as hollows, fissures, nests, drays, arboreal termitaria used as nests etc). Identification of general fauna habitat (including weed g species that may offer fauna habitat, native vegetation, rivers, creeks, ground resources such as boulders and hollow logs). Details for demarking areas that are of high habitat h value to be disturbed (e.g. habitat trees, disturbance in sensitive areas etc). Information on how the clearing will be undertaken i including:

Whether the clearing will be undertaken in i stages; Special considerations for clearing (e.g. juvenile ii vegetation first); Time periods between clearing of staged areas iii (where applicable) or immature vegetation; Direction of clearing; iv Staging of infrastructure (taking into consideration v temporary movement corridors); and Temporary methods required (e.g. barrier fencing vi to prevent fauna fleeing to roads or fauna friendly fencing to assist fauna movement into adjacent habitat areas).

Information on how trees are to be inspected for j denning or nesting animals including constraints for inspecting trees (to provide acceptable alternative methods). Considerations relating to time periods for when fauna k is to be removed/flushed prior to clearing. Methods for moving denning or nesting animals and/or l capture or flushing of ground dwelling animals. Details of special equipment required (such as m


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chainsaws, cameras etc). Identification of general locations that wildlife will be n relocated/translocated to if required (based on habitat requirements). Information on how the animal is to be protected once o relocated. Methods to euthanise injured animals as well as p contact details (including telephone number) and location of the closest vets (and others close by). Detailed methods for the translocation and protection of q significant fauna species known and likely to occur at the site. Special considerations for nesting times. r

Prior endorsement by DEHP of fauna management plan 32 If the fauna management plan proposes the capture and release and/or management of any fauna that is ‘protected wildlife’ as defined under the Nature Conservation Act 1992, the applicant must provide evidence to Council of:

That the proposed FMP has been endorsed by the a Department of Environment and Heritage Protection prior to its submission to Council; or A statement from DEHP as to whether a species-b specific Fauna Translocation Management Plan is required.

NATURE CONSERVATION (KOALA) MANAGEMENT

Koala conservation requirements 33 All clearing must be undertaken in accordance with Part 3 of the Nature Conservation (Koala) Conservation Plan 2006 (Qld) (the ‘Koala Plan’) which includes but is not limited to obligations in relation to:

Sequential clearing conditions in accordance with a section 15 of the Koala Plan; and The need for a Koala Spotter in accordance with b section 16 of the Koala Plan.

Information note: The Koala Plan is available at: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/N/NatureConKP06.pdf


On-site dog control 34 Any dogs on-site must be controlled at all times to avoid any harm to fauna on-site. The applicant shall ensure that all persons involved with on-site works are aware of this requirement.



135 Adopted Report

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/N/NatureConKP06.pdf


ENVIRONMENTAL PEST MANAGEMENT

Fire Ant control requirements 35 The applicant must ensure:

All landscape materials including but not limited to a soils, mulch, gravel, potted or ex-ground plants, pavers, timber etc to be used on this site are free of Fire Ants and Fire Ant eggs. All material imported to or exported from the site must b be checked by a suitably qualified professional and certified that:

no risk of transportation of Fire Ants exists; and i that all materials are free from Fire Ant ii contamination.

Timing A copy of the required certification must be provided to Council prior to compliance assessment of the subdivision plan.

BUSHFIRE MANAGEMENT

Bushfire management plan must be complied with 36 All development carried out must be in accordance with a the approved bushfire management plan (BMP) inclusive of the Queensland Fire & Emergency Services Cover Sheet, being Bushfire Management Plan for Proposed Industrial Development on Lot 3 SP254376 Peachy Road Yatala, A 327963, dated 01/07/2015, prepared by 28 South Environmental. All measures required by the approved BMP must be b implemented prior to the commencement of the use of the premises. The approved BMP must be complied with at all times c for the life of the development and the use of the premises.


Certification of compliance with approved bushfire 37 management plan The applicant must provide certification from a suitably qualified professional that the approved bushfire management plan (BMP) has been fully implemented on-site.

Timing This certification must be provided to Council prior to the commencement of the use of the premises.

Copy of the complete and approved bushfire 38 management plan The applicant is required to obtain a copy of the complete approved bushfire management plan (BMP) as described above from the Gold Coast City Council. The approved BMP attained from Council is the sole plan to be complied with and distributed to all landowners.


Road design to provide access for fire fighters 39 Roads are to be designed and constructed to provide safe access for fire fighters.



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Water supply requirements for fire fighting (reticulated 40 water supply) For uses involving new or existing buildings with a gross floor area greater than 50m2, each lot must have a reliable reticulated water supply that has sufficient flow and pressure characteristics for fire fighting purposes at all times. The water supply shall be to the standard required in Appendix 5A (page 60)of the State Planning Policy Guideline 1/03: Mitigating the Adverse Impacts of Flood, Bushfire and Landslide, or that which is able to be supplied by the Gold Coast Water reticulated supply.

Timing Prior to the use commencing and then maintained at all times.

Deviations require approval 41 Should any changes to the development or site parameters occur, the applicant is responsible for advising the bushfire consultant to ensure that the bushfire management plan (BMP) is not affected by these changes. This is including but not limited to areas of revegetation, conservation, covenants and retained bushland. Where amendments to the development or site parameters are proposed, an amended bushfire management plan (BMP) that takes into account the changes may be required to be lodged. Any such amended plan will be subject to further assessment and approval.


Compliance with the recommendations 42 All recommendations made in response to the bushfire management plan (BMP) by the bushfire consultant or Queensland Fire & Emergency Services (QFES), should be considered as requirements and conditions of approval for this application unless otherwise stated in writing by the Gold Coast City Council. Where there is a conflict, the conditions listed within the BMP apply.


Approved bushfire management plan and Council’s 43 decision notice A copy of the approved bushfire management plan (BMP) is to accompany Council’s decision notice for this application and must be distributed to individual and future lot owners.


Information note: A notification has been placed on Council’s rates card for the property advising that an approved bushfire management plan is in existence, is available to ensuing owners, and must be complied with by ensuing owners.

GOLD COAST WATER CONDITIONS OF APPROVAL

Sewer reticulation 44 All lots within the development must be connected to a Council’s sewer reticulation system at the applicant’s cost.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot


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The size of the property service for each lot must be a b minimum of 150mm. The applicant is responsible for any external works c necessary to connect to Council’s live sewer reticulation system.

plan.

Design, construction and standard of sewer reticulation 45 The design, construction and standard of the required sewer reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).


Connection point 46 The existing trunk gravity sewer located in Peachey a Road must be used as the connection point, unless otherwise approved by Gold Coast Water. A discharge manhole must be constructed at the b nominated connection point to provide a connection to the rising main.

Timing Prior to a request for compliance assessment of the Reconfiguring of a Lot plan

Sewer reticulation schematic plan 47 The applicant must submit to Gold Coast Water a a sewer reticulation schematic plan for the proposed development that:

Demonstrates how the development is to be i connected to Council’s sewer network; Makes allowance for any external catchments ii that may drain through the subject site; Accommodates extension of the sewer main to iii the upstream property boundary to provide for future sewerage connectivity of the upstream external catchment; and Includes a direct gravity connection to the iv existing sewer main.

The applicant must obtain Gold Coast Water’s approval b of the sewer reticulation schematic plan. (Advice Note: The applicant must use the Infrastructure Charges Temporary Planning Instrument Water Supply and Wastewater Land Use Category Demand Table for the calculations of Equivalent Tenement (ET) in order to determine the sewage demands).

Timing Approval of the sewer reticulation schematic plan to occur prior to making any development application for operational work (works for infrastructure).

Necessary Trunk Sewerage Infrastructure 48 The applicant must construct a pump station (size to be a determined in OPW stage) located within the western side of the site, and a rising main (size to be determined in OPW stage), discharge manhole and gravity sewer connection to the existing trunk sewer in

Timing Prior to the compliance assessment of the Reconfiguring of a Lot plan.


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Peachey Road. A site must be dedicated to Council in fee simple for b the pump station which can be easily accessed. The pump station and rising main (and discharge c manhole) must be designed in accordance with the SEQ Sewerage and Sewage Pump Station Design and Construction Codes. The design and specifications of the sewerage works d must be submitted to Council for approval. Tender and construction specifications and e assessment must be submitted to Council for approval. The applicant must provide a contract management f and delivery plan including procedures and processes for contract award, evaluation, provisional items, variations, claims, hold pints and reporting to Council for approval. The location of the sewage pump station within the site g shall be determined in conjunction with the relevant sections of the City, including Gold Coast Water, Council’s Parks, and Council’s Environment Sections. The applicant must call for public tender for the trunk h sewerage works. The Applicant must obtain the Council’s written consent i for the recommended tenderer and infrastructure works contract. The applicant is to provide a performance bond of 5% j of the agreed construction cost (this is to be called up in the event that the constructor cannot complete the works). The bond will be extinguished when the infrastructure works go on-maintenance. The applicant must provide evidence of payment and k construction progress reports in the Council required format with every refund claim submitted to Council The applicant must provide a progress report regarding l the progress of the works before the 30th day of each month.

As soon as practicable after the works have reached m completion the Applicant must provide a completion report, a survey of the works prepared by a licenced

Timing In conjunction with the Operational works Approval.



Timing Prior to submission of design of tendering.

Timing Prior to construction of works

Timing Prior to award of infrastructure works contract

Timing Prior to pre-start



Timing Prior to on-maintenance


139 Adopted Report


surveyor and as constructed drawings of the works. The completion report must include an asset handover checklist, a spreadsheet which provides detailed particulars of the works and copies of any operation and works manuals. The Applicant must ensure that the contractor obtains n and keeps in force for the term of the works contract, contract works insurance of not less than the approved value plus 10% and provide a copy to Council if requested. If any part of the works are to be constructed on a o public place the Applicant must obtain and keep in place public liability insurance of not less than $25,000,000 and include the Council as a named insured and provide a copy to Council if requested. The Applicant must indemnify the Council against any p liability, loss or damage claimed against the Council arising from the applicant's provision of the works excluding any liability, loss or damage arising from the Council’s own actions, omissions or negligence.

This condition is imposed in accordance with Section 647 of the Sustainable Planning Act 2009. Note: The applicant is invited to enter into an infrastructure agreement with the Council to provide certainty to both parties in respect of the above requirements and timing of the provision of any refund.




Operational work (works for infrastructure) application 49 required The applicant must obtain a development permit for operational work (works for infrastructure) for any works (including augmentations) where the sewerage infrastructure assets are to be owned and/or maintained by Council.


Connection and disconnection – arrangements with Gold 50 Coast Water Any connection and disconnection to the existing sewerage network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing sewerage network from Gold Coast Water (phone 1300 694 222).


Completion of external sewer connections 51 All external sewer connections (including the completion of all infrastructure downstream of the development site to the point of connection and approved augmentation works) must be completed in accordance with engineering plans approved by Council.



140 Adopted Report


Public utility sewer easements 52 Public utility sewer easements must be provided for the purposes of access, maintenance and construction of services, in favour of and at no cost to Council, over Council’s sewer infrastructure located in private land. Such easements must meet the following requirements:

The applicant must provide to Council a certification a from the Registered Land Surveyor that the easements are correctly located over the infrastructure and meet the requirements of paragraph (a) of this condition. The terms of such easements shall be to the b satisfaction of Council’s Chief Executive Officer. Easement plans and associated documents must be c duly signed by the owner of the burdened land (and any mortgagees, if necessary) before they are submitted to Council for execution. When registering the easements, the Form 9 document d shall refer to Registered Standard Terms Document No. 707918364.

Timing The terms of the easement shall be executed prior to the compliance assessment of the Reconfiguring of a Lot plan.


Water supply reticulation (potable only) 53 All lots within the development must be connected to Council’s potable water reticulation system, prior to a request for compliance assessment of the Reconfiguring of a Lot plan, at the applicant’s cost.


Design, construction and standard of water supply 54 reticulation The design, construction and standard of the required water supply reticulation infrastructure to be carried out by the applicant must be in accordance with South East Queensland Water Supply and Sewerage Design and Construction Code (SEQ D&C Code).


Connection point 55 The existing 600mm main in Peachey Road/Stanmore Road must be used as the potable water supply connection point, unless otherwise approved by Gold Coast Water.


Non-trunk infrastructure 56 Minimum 150mm water mains must be constructed from the nominated connection point so that each lot is to directly connect to a 150mm water main and not to the existing 600mm trunk water main.


Operational work (works for infrastructure) application 57 required The applicant must obtain a development permit for

Timing Prior to works


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operational work (works for infrastructure) for all works where the water infrastructure assets are to be owned and/or maintained by Council.

occurring.

Installation of property service, water meter box and 58 meter The applicant must:

Submit an Operational Works (OPW) application, for a Council's approval, for water meters 40mm and above; Following approval of the OPW (if required), make b application to Gold Coast Water for Gold Coast Water’s Asset Audit and Handover Section (phone 1300 694 222) to arrange the property service, meter box and meter installation.

The property service, water meter box and water i meter shall be provided, at the boundary of the development site, in accordance with South East Queensland Design and Construction Code (SEQ D&C Code and/or any applicable COGC policies and procedures), at the applicant’s cost;

Make application for GCW to remove any redundant c water meters and/or services, at the applicant's cost.


Connection and disconnection – arrangements with Gold 59 Coast Water Any connection and disconnection to the existing water network must be at the applicant’s cost. The applicant must obtain written approval for the connection and disconnection to the existing water network from Gold Coast Water (phone 1300 694 222).


Completion of external connections 60 All external water connections must be completed and approved by Gold Coast Water.


Supply standard 61 The applicant must provide water supply to the standard specified in Gold Coast City Council’s Land Development Guidelines and Gold Coast Water’s Network Modifications Extensions and Connections Policy Procedure.


Fire loading 62 Fire loading must not exceed 30L/s at 4 hours duration for industrial uses.



142 Adopted Report



B Listing of koala under EPBC Act 1999 • Koala populations in South East Queensland are now listed (since May 2012) under

the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) as a matter of national environmental significance. You should consider whether the works (including but not limited to any damage to or removal of koala habitat trees) are likely to have a significant impact on koala (or any other matter of national environmental significance) and should be referred to the Department of Sustainability, Environment, Water, Population and Communities (SEWPAC). Some guidance is provided in the document available at the following link, but you should secure your own advice: http://www.environment.gov.au/epbc/publications/pubs/bio240-0612-interim-koala-referral-advice.pdf

• It is an offence under the EPBC Act to take an action that has a significant impact on a matter of national environmental significance unless you have approval under the EPBC Act. It is also an offence under s.74AA of the EPBC Act to take an action while you are waiting on a referral or approval decision from SEWPAC under the EPBC Act.

• The giving of a development approval by Council and authorisations under it (e.g. an authorisation following a pre-start inspection) does not override, remove or otherwise affect the need for you to comply with other approval requirements under local, State or Commonwealth laws (e.g. the EPBC Act). You are responsible for ensuring you have obtained all other necessary approvals before the work the subject of this approval/authorisation can be lawfully commenced.

C Conditions contained within the Decision Notice


D Referral agencies

The referral agencies (and their addresses) for the application are listed below. Any referral agency conditions are identified in the conditions of approval. Referral agency Address Jurisdiction

Department of Infrastructure, Local Government and Planning

PO BOX 3290 Australia Fair, Southport, QLD, 4215

Concurrence agency – Clearing Vegetation

E Properly made submissions


F Rights of appeal

The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 461 of the Sustainable Planning Act 2009. A copy of


143 Adopted Report




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

G Applicant responsibilities








H Indigenous cultural heritage legislation and duty of care requirement

The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The AHCA establishes a duty of care to take all reasonable and practicable measures to ensure any activity does not harm Aboriginal cultural heritage. This duty of care: a Is not negated by the issuing of this development approval; b Applies on all land and water, including freehold land;


144 Adopted Report


c Lies with the person or entity conducting an activity; and d If breached, is subject to criminal offence penalties. Those proposing an activity involving surface disturbance beyond that which has already occurred at the proposed site must observe this duty of care. Details of how to fulfil this duty of care are outlined in the duty of care guidelines gazetted with the AHCA. The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the AHCA.

I Greenhouse gas emissions


J Infrastructure charges


CARRIED


145 Adopted Report


ITEM 2 (Continued) DEVELOPMENT PERMIT FOR RECONFIGURING A LOT FOR A THREE (3) LOT SUBDIVISION AND PARK FOR STORMWATER PURPOSES - LOT 3 ON SP254376 -PEACHEY ROAD, YATALA – DIVISION 1 PN327963/02/DA2 CHANGED AT COUNCIL 16 FEBRUARY 2016 RESOLUTION G16.0216.011 moved Cr Caldwell seconded Cr Bell That Committee Recommendation CP16.0210.002 be adopted with Part 1 to be amended to read as follows: 1 Amended plans/drawings to be submitted

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

Plan No. Rev Title Date Prepared by 0039-SPP-01 A Subdivision Proposal

Plan (3 Industrial Lots & Drainage Reserve)


showing the following amendments: i The access location for Lot 3 is to be moved approximately 60

metres to the south to avoid conflict with the Paterson Road intersection.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer prior to: i Compliance assessment of the subdivision plan.


CARRIED UNANIMOUSLY


146 Adopted Report


147 Adopted Report

03679

Typewritten Text

ATTACHMENT 2.1

LOT 310.341 ha

LOT 212.564 ha

LOT 15.696 ha

LOT 388SP254377

LOT 1RP158997

LOT 2SP205564

LOT 10SP256167

LOT 996SP254382

LOT477SP254377

LOT 996SP254382

LOT 1SP254381

PE

AC

HE

YR

OA

D

PE

AC

HE

YR

OA

D

ST

AN

MO

RE

RO

AD

382.16m

412.47m

255.

31m

363.

15m

231.11m

173.43m

342 .

59m

57.32m

361.78m

13.89m

57.04m

77.17m

62 .61m

6 6.4

8m

13.6

9m14

.57m

72.0

6m

50.0

9m9.4

4m20

.72m

67.4

9m

16.28m

15.8

5m11

.86

LOT 1ACCESS

LOT 2ACCESS

LOT 3ACCESS

DRAINAGERESERVE0.956 ha

N

LOT 3 ON SP254376

Area 29.59 ha

Turners Business ParkSubdivision Proposal Plan

(3 industrial lots + drainage reserve)

REAL PROPERTY DESCRIPTION

ADDRESS

CLIENT

Lot 3 on SP254376

Lot 3 Peachey Road, Yatala

Turner Property Investing Pty Ltd

DATE

DRAWING NO.

0039-SPP-01REV

REV. DATE

30 July 2015

36 Cyclades CrescentCurrumbin Waters Q 4223

0412 725 [email protected]

A

14 October 2015


148 Adopted Report

03679

Typewritten Text

ATTACHMENT 2.2

ITEM 3 CITY DEVELOPMENT BRANCH MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - LOT 2 ON RP55123 , LOT 2 ON WD6110 , LOT 11 ON SP258752 - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1

Refer 9 page attachment

1 OVERVIEW Site address 34 Maudsland Road and Killarney Court, Oxenford

Application description

Development Permit for a Material Change of Use (Impact Assessment) for Outdoor Sport and Recreation (Wakeboard and Cable Ski facility and ancillary shop, café and bar)

Decision due date 12 January 2016

Proposal

The proposal is to establish a Wakeboard and Cable Ski facility within an existing lake, specifically the lake located on Lot 11 on SP258752. The proposed Wake Board/Cable Ski facility will be developed over two (2) stages and will feature: • Two (2) x eight (8) carrier cable systems located within the lake

area;

• Central facilities/operations building (GFA of approximately 90m2) including:

- On site pro shop and office - Coffee shop/café and bar - Amenities

• Hours of operation are proposed to be 7am to 6pm, seven days a week;

• Vehicle access to the development site is proposed to occur via Maudsland Road to an existing internal road;

• The vehicle access will extend to a centralised car park with a total of 57 formalised car parking spaces provided. A secondary car parking area for the overflow parking of a further 63 vehicles is to be located adjacent to the main car park;

• Up to 30 participants and 20 observers are expected to be on site at any one time; and

• A total of five (5) staff will be employed on site.


149 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1

Key considerations

Consideration Resolution Land Use – given the LAP designation being for extractive industry

The proposed development is considered to comply with the intent of Precinct 3 – Extractive Industries of the Oxenford LAP. The proposed development makes use of a portion of the site that is no longer being used for extractive industry operations, while having minimal impact on the continued use of the site for extractive industry purposes. Appropriate mitigation measures are proposed to manage on site traffic arrangements. The Concurrence Agency assessment has confirmed that the safety and efficiency of the adjoining Maudsland Road will not be compromised as a result of the development.

Hydraulic management A detailed assessment of the hydraulic considerations of the site and surrounding area has been undertaken. An assessment has concluded that the proposed development is capable of operating in a manner which accords with Council’s prescribed standards. Suitable conditions have been included to address the ongoing management of stormwater to ensure that the development does not cause any adverse hydraulic impacts external to the site.

Submissions

Objections Support 8 properly made objections 2 not properly made objections

16 properly made ‘in support’ 69 not properly made ‘in support’


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Key matters raised by submitters

Traffic impacts Noise impacts Hydraulic considerations Dedication of land for park and public usage Landscaping Environmental considerations Lighting impacts Use of the northern lake Assumptions within the specialist reporting

Referral agencies Department of Infrastructure, Local Government and Planning (DILGP) Officer's recommendation Approval

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

6.1 Characteristics of site 6.2 Characteristics of surrounding environment

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

8 STATE PLANNING POLICIES 9 STATE PLANNING REGULATORY PROVISIONS 10 SOUTH EAST QUEENSLAND REGIONAL PLAN 11 INTERNAL REFERRALS

Health and Regulatory Services Transport Assessment Subdivision Engineering Open Space Assessment Gold Coast Water Plumbing and Drainage Environmental Assessment Hydraulics and Water Quality Landscape Assessment Other Sections of Council – Catchment Management Unit


151 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 12 EXTERNAL REFERRALS

12.1 Concurrence agencies 12.2 Advice agencies

13 DEVELOPMENT INFRASTRUCTURE 14 PUBLIC NOTIFICATION 15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL 16 CONCLUSION 17 NOTIFICATIONS 18 RECOMMENDATION 2 EXECUTIVE SUMMARY Pursuant to the ‘Our Living City’ Gold Coast Planning Scheme 2003, the subject site is located within Precinct 3 – Extractive Industries of the Oxenford Local Area Plan. In accordance with the table of development for the Precinct 3 of the Oxenford Local Area Plan an Outdoor Sport and Recreation facility is unlisted, therefore requiring an Impact Assessable, Material Change of Use development application. The proposed development has been assessed against the Oxenford Local Area Plan Place Code, and the applicable Constraint Codes of the Gold Coast Planning Scheme 2003.

The proposed development requires Council’s consideration of several alternative solutions and responses to the various Performance Criteria. Alternative solutions are proposed in relation to open space protection, environmental management and amenity protection and car parking provision. Consideration of the proposed alternative solutions is discussed within the report, with no major issues resulting.

The proposed development is considered to comply with the intent of Precinct 3 – Extractive Industries of the Oxenford LAP. The proposed development makes use of a portion of the site that is no longer being used for extractive industry operations, while having minimal impact on the continued use of the site for extractive industry purposes. Appropriate mitigation measures are proposed to manage on site traffic arrangements, while the Concurrence Agency assessment has confirmed that the safety and efficiency of the adjoining Maudsland Road will not be compromised as a result of the development.

The development will enhance the ecological values of the site in line with the requirements of the Oxenford LAP Map 18A.7 – Open Space Protection, Heritage and Character. This will be achieved through the establishment of an environmental covenant over the southern banks of the lake and to the anabranch of the Coomera River.

In response to notification, 24 properly made submissions were received. Sixteen (16) properly made submissions were received in support of the proposal, while eight (8) properly made submissions objecting to the development were also received.

A further 69 not properly made submissions supporting the development and two (2) not properly made submissions, objecting to the development were received.

The concerns raised by submitters have been appropriately addressed through the assessment and conditioning of this application. The proposed development is recommended for approval subject to the conditions in the Officer's Recommendation.


152 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 3 APPLICATION INFORMATION

Real property description Lot 2 on RP55123 , Lot 2 on WD6110 , Lot 11 on SP258752

Applicant Capital Investments Pty Ltd Owner at time of lodgement Bullrin Pty Ltd Current owner Bullrin Pty Ltd Site area 83.13 hectares (total site area) Date application received 5 May 2015 Date entered decision 11 September 2015 Domain Not Applicable LAP & precinct Oxenford Local Area Plan – Precinct 3 Extractive

Industries City Plan Extractive industry zone

Open space zone State planning policies State Planning Policy July 2014 Decision type Development Permit for a Material Change of Use for

an Outdoor Sport and Recreation (Wakeboard and Cable Ski facility and ancillary shop, café and bar)

4 BACKGROUND Council on 17 September 1996 resolved to approve the issue of a Town Planning Consent for a Crushing, Screening Plant and Concrete Batching Plant, subject to conditions Reference: 560/30/2817.

The operations on site are administered by the conditions of MCU approval and the relevant Environmental Relevant Activity (ERA) licences issued by the State Government.

Council on 28 May 2003, resolved to approve the issue of a Modified Decision Notice for a Town Planning Consent for a Crushing, Screening Plant and Concrete Batching Plant, subject to conditions.

Council, on 2 December 2014, approved the issue of a development permit for a reconfiguring a lot for a two (2) Lot Subdivision by Lease and Access Easement over Lot 11. 5 PROPOSAL As discussed further below, the subject site is currently being used for extractive industry processes, including gravel extraction/crushing/screening activities and a concreate batching plant. These operations over the site have resulted in the creation of two (2) non tidal lakes. Gravel extraction has been exhausted in the smaller of the two lakes being the lake located in the southern portion of the site, over Lot 11. The proposal is to permit the establishment of a Wakeboard and Cable Ski facility (inclusive of ancillary uses) within this lake and the immediate land area. The existing extractive operations occurring within the northern lake along with the existing concrete batch will continue to operate on site.


153 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 The image below shows the proposed location of the wakeboard/cable ski facility on site.

Image 1 – Proposed location of the Wakeboard/Cable Ski facility on site The proposed development involves the construction of a Wakeboard/Cable Ski facility including a car parking area, pedestrian link and internal road network. The proposed development will specifically consist of the following: • Two (2) x eight (8) carrier cable systems located within the lake area;

• The Cable Ski facility will operate by means of a series of poles/towers approximately 4 metres in height located within the lake and along the banks;

• Central facilities/operations building located on the northern bank of the lake. The central facilities building will consist of a single demountable building and will include a pro shop, administrative office, café/bar area and amenities with an approximate GFA of 90m2 ;

• A raised platform located along the northern bank of the lake will provide a take-off/landing area for patrons;

• Floating modular walkway within the lake for access to the central parts of the lake;

• Hours of operation are proposed to be 7am to 6pm, seven days a week;

• Up to 30 participants and 20 observers are expected to be on site at any one time; and

• A total of five (5) staff will be employed on site.


154 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Access and car parking Vehicle access to the development site is proposed to occur via Maudsland Road to an existing internal road. The subject road although partially located within the Charlies Crossing Road reserve area, provides access for the existing operations on site with exclusive access by way on an existing road licence area described as Lot A on AP1630. As part of the proposed development, the subject road will be sealed to provide two (2) lane vehicle access to the car park area. The internal road will be constructed to accommodate the proposed Wakeboard/Cable Ski facility as well as heavy vehicle traffic associated with the existing operations on site. The formalising of the existing internal road will also result in the consolidation of the existing vehicle access points associated with the extractive industry and concrete batching operations. Appropriate signage and line marking has also been proposed to minimise potential vehicle conflict on site. An unsealed portion of the internal road will extend from the car park area to the rear of the central facilities building to facilitate service vehicle access. Car parking for the development will be provided via a centralised car park located off the internal road to the west of the existing concrete batching plant. A total of 57 formalised car parking spaces will be provided. A secondary car parking area (unsealed) for the overflow parking of a further 63 vehicles is to be located adjacent to main car parking area. A separated 1.8 metre wide pathway will provide pedestrian access between the proposed car park, the central facilities area and the launch platform. The applicant proposes the use of a golf buggy to transfer patrons to and from the car park to the central facilities/operation area.

Lighting of the proposed development will be limited to key vehicle movement and parking areas and for illumination of the central facilities area.

Servicing

Given that the site is not serviced by either sewerage or water supply, the development is not proposing to be connected to these infrastructure networks. Liquid waste will be managed using on site plumbing and holding tanks, prior to being tankered off site by a private contractor.

On site water supply to cater to the demands of the development will be accommodated for through the use of rainwater harvesting and storage in tanks onsite.

Solid waste management will occur through a wheelie bins (general and recycled) stored and serviced from an area located to the immediate north of the central facilities building.

Earthworks and Landscaping

As part of the landscape works for the development, the applicant is proposing to undertake landscaping around the lake, car parking area, internal road and pedestrian access paths. An environmental covenant is proposed over the southern banks of the lake and to the anabranch to the Coomera River. The environmental covenant will allow for the ecological rehabilitation and protection of this area. It is noted that the further detailing and the assessment of rehabilitation works will occur as part of Officer's assessment of subsequent Operational Works applications and management plans as conditioned.

Earthworks are proposed on the banks of the lake as well as along the internal road to facilitate the development. The full extent of earthworks and compliance with the hydraulic constraints of the site is subject to assessment of a future Operational Works application for a Change to Ground Level.


155 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Rehabilitation and stabilisation works along the edge of the southern lake has occurred as part of the Transition Environmental Plan implemented after the extractive processes ceased within the lake. The Transition Environmental Plan for this part of the site was approved by the Department of Environment and Heritage Protection as part of the requirements under the ERA approval.

Staging

The applicant is proposing to develop the proposed Wakeboard/Cable Ski facility in two (2) stages. A staging plan has been lodged with the subject application. Stage 1 will see the delivery of the relevant facilities associated with the Wakeboard/Cable Ski facility, as well as the necessary earthworks, car parking area (sealed), road, service infrastructure and landscaping. The submitted staging plan also indicates that only the eastern portion of the lake will be used for the Wakeboard/Cable Ski facility. Stage 2 will result in the formation of the overflow car parking area and use of the remainder of the lake.

Image 2 – Proposed layout of the Wakeboard/Cable Ski facility on site

6 SITE & ENVIRONMENT 6.1 Characteristics of site The subject site consists of three (3) allotments which combine to form an irregular shaped allotment with a total site area of 83.13 hectares. As noted above, the proposed development is to occur over the southern portion of the site.

The site has a frontage to Maudsland Road of approximately 700m. Despite the site (namely Lot 2 on WD6110) having an address of Killarney Court, the subject site has no physical frontage to this roadway.


156 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 As discussed above, extractive operations over the site have resulted in the creation of two (2) non tidal lakes. Gravel extraction has been exhausted in the smaller of the two lakes being the lake located in the southern portion of the site, over Lot 11. The proposed Wakeboard/Cable Ski facility will be located within this lake. Existing gravel extraction and processing continues to occur within the northern lake area, however is indicated as having a limited operation due to resource exhaustion within the area. An existing concreate batching plant is located in the north east corner of the site.

Two (2) anabranches of the Coomera River flow through the site namely to the north and south of the existing lakes. Due to existing operations on site, vegetation is limited to grouping of trees and shrub species associated with the anabranches.

As noted, vehicle access to the site occurs via Maudsland Road to an existing internal road.

Image 3 – Subject site as viewed from Maudsland Road

Image 4 – Site access from Maudsland Road


157 Adopted Report


Image 5 – Aerial photo of the subject site (selected)

6.2 Characteristics of surrounding environment The subject site is located within an area which contains a mixture of uses, ranging from extractive industries, agriculture, commercial shops, open space areas, through to residential land uses. Large areas of vegetated land are also located in the vicinity of the site.

More specifically, the surrounding area comprises of the following:

North The area beyond the boundaries of the northern lake area consist of a mixture of agricultural land uses, a local shopping centre, open space areas as well as residential uses ranging from detached dwellings located on larger lots to medium density attached dwellings.

East An existing extractive industry use in the form of quarry operations is located on the opposite side of Maudsland Road to the east. A large area of vegetated land is located to the east of the quarry which provides a buffer to the detached dwelling area located further east.

West The area to the west of the site consists of primarily residential dwellings located either on larger lots or within a recently established detached dwelling estate. Areas of open space in the form of parkland are also located to the west of the site.


158 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 South The area to the south of the site consists primarily of a low density detached dwelling area. The closest residential dwelling is located approximately 110m metres to the south of the subject site.

Image 6 – Aerial photo of the subject site in the context of the local area

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

apply to this site and the proposed development are: South East Queensland Regional Plan 2031 State planning regulatory provision (adopted charges)

the regional plan for a designated region The subject site is located within the ‘Urban Footprint’ of the South East Queensland Regional Planning 2009 -2031 Refer to Section 10 below


159 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 State planning policies (unless appropriately

reflected in any relevant regional plan or planning scheme)

The State’s interest under the State Planning Policy – July 2014 as applicable to the subject site and the proposed development has been appropriately reflected within the requirements of the Planning Scheme.

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

area—all master plans for the area N/A

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

242 applies N/A

a planning scheme Refer to Section 7.2 for assessment of the proposed development against the Planning Scheme Assessment

the infrastructure charge resolution or the priority infrastructure plan.

Infrastructure charges for the proposed development are now issued under SPICOLA by way of an infrastructure charges notice. Refer to Section 13.


• the common material All common material as defined under SPA 2009 has been considered through the assessment.


Refer to Section 4 – ‘Background’ and Section 6 – ‘Site and Surrounding Environment’.

• any referral agency’s response for the application Refer to Section 12 7.1 Assessment against City Plan The subject development application was lodged with Council on the 2 April 2015 and entered the Decision Making Period on 11 September 2015. As a result, the assessment of the development application has been made against the current Planning Scheme, being the Scheme in force at the time of the Decision Making Period commencing. Below is a brief identification of the site’s designation under the City Plan.

Pursuant to the City Plan, the majority of the site would be located within the Extractive industry zone, while the areas surrounding the site’s interface to the Coomera River would be located within the Open space zone. The proposed Outdoor Sport and Recreation land use would be defined as an Outdoor sport and recreation.

A review of the Levels of Assessment – Material Change of Use for the Extractive industry zone identifies that the development of an Outdoor sport and recreation would be subject to Impact assessment, while the use would be Code assessable within the Open space zone.


160 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Nonetheless, an Impact Assessable application would be required under the City Plan given the positioning of the development on site.

A review of the subject site under the City Plan requirements identifies a similar planning intent to the current Gold Coast Planning Scheme 2003. Both planning schemes promote the protection of extractive industry operations and the suitable rehabilitation and re-use of land once the resource has been depleted. Given the similarities, an assessment against the current Gold Coast Planning Scheme 2003 would provide an accurate reflection to that under the City Plan.

7.2 Assessment against Gold Coast Planning Scheme 2003 Place code Constraint code Specific development code

Oxenford Local Area Plan

Bushfire Management Areas Canals and Waterways Areas Flood Affected Areas Car parking, Access and Transport Integration Natural Areas and Natural Waterways Nature Conservation

N/A

Relationship to the Domain or LAP The subject site is located in the Precinct 3 Extractive Industries of the Oxenford Local Area Plan.

Pursuant to the Planning Scheme, the proposed land use is defined as Outdoor Sport and Recreation:

‘Premises used for sporting or recreational purposes where the activity takes place primarily outdoors and the activity is only open to the public upon payment of a fee. The term includes archery, boating, equestrian centre, golf, model car, boat or aircraft operations, motor sports, racecourse, rowing, showgrounds, sporting arena or track, swimming pool, tennis, water skiing and zoo. It also includes minor ancillary facilities, such as lights, clubhouses, change rooms, administration buildings and public conveniences and shelters. It does not include Indoor Recreation or Open Sports Ground.’

An Outdoor Sport and Recreation land use triggers impact assessment pursuant to table of development A (material change of use).

The intent statement for the Precinct 3 Extractive Industries reads:

‘Existing extractive industry operations, associated haul routes and regionally significant mineral and extractive resources within this precinct will be protected from sensitive receptors until such time as these resources have been exhausted or operations ceased. Remnant vegetation and riparian areas should be protected and rehabilitated wherever possible. It is essential that ecological connectivity throughout the open space protection area (Oxenford LAP Map 18A.7 – Open Space Protection, Heritage and Character) is maintained and enhanced.’


161 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 The proposed development is considered to adequately comply with the intent statement of Precinct 3 as follows:

The subject site has operated as an Extractive Industry for approximately 30 years. Extractive resources on site have been exhausted within one (1) of the created lakes on site. The proposed Wakeboard/Cable Ski facility is to be situated on that part of the site which has been decommissioned, while the extractive industrial processes continue to occur over the adjacent parts of the site.

The extraction of gravel from the remainder of the site is expected to continue into the future however, as indicated by the applicant, the operation is being wound back as the gravel deposits are being exhausted. In this regard, the extractive operations are indicated to only occur for a further 6 to 10 years, while the concrete batching plant is indicated to continue to operate on site.

The status of the extractive industry resources within the site is further confirmed by the site’s designation under the State Planning Policy (SPP). In the past the site was identified by the State Planning Policy as a Key Resource Area (KRA). A search of the SPP Mapping confirms that the subject site no longer carries the KRA status.

The lifting of the KRA status over the site by the State Government and the slowing of the extractive operation provides an opportunity for the development of the subject site in an appropriate manner. In this regard, the development needs to able to accommodate the continued extractive industry operations on site.

The extractive industry operation is expected to have minimal impacts upon the day to day operations of the proposed wakeboard facility. The gravel that is extracted from the adjoining part of the site is sourced from the large dam, meaning that issues pertaining to dust are negligible. Issues of noise arising from the operation will be minimal due to the distance between the two uses and the fact that the proposed use is not considered a sensitive receptor. This matter has been confirmed through a review of the proposed development by Council’s Health and Regulatory Services.

The planning intent also seeks to protect existing haul routes which service extractive industries. In this instance Maudsland Road is defined as being a haulage road. The proposed wakeboard park facility will use the same internal access road as the gravel extraction operation and concrete batching plant to gain entry to the development site. To address this access arrangement, the applicant submitted a traffic impact assessment report. The report addressed the traffic generated by the development and the proposed mitigation measures to manage any potential conflicts with the adjoining haul route. As Maudsland Road is a State controlled road, all matters regarding access to the site is assessed by the Department of Infrastructure Local Government and Planning (DILGP). The subject application inclusive of the submitted traffic impact assessment report was assessed by DILGP who confirmed that the safety and efficiency of Maudsland Road would not be compromised as a result of the proposed development.

To address the internal traffic management of the site, mitigation measures are proposed to minimise any conflict arising from the interaction of wakeboard facility patrons and gravel extraction operation vehicles given the single road access. These include the upgrading and widening of the internal road to a two (2) lane standard, upgrading of the vehicle access points to the various parts of the site and the inclusion of appropriate directional and warning signage and lighting. A review the submitted traffic management plan has been undertaken by Council’s Transport Impact Assessment section who has confirmed that the traffic conflict can be appropriately minimised, through the adoption of the proposed mitigation measures.


162 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 The subject site is contained within the Oxenford LAP Map 18A.7 – Open Space Protection, Heritage and Character. A review this map confirms that the designation follows the site’s interface with the anabranches of the Coomera River. As it is relates to the portion of the site the subject to this application, this designation applies to the southern and eastern parts of the lake. In keeping with the precinct intent the design of the wakeboard facility has been developed in order to preserve the existing remnant vegetation located on-site. A small portion of the remnant vegetation will be removed in order to establish access to the central facilities. To enhance the ecological values of this portion of the site, the applicant is proposing to establish an environmental covenant over the southern banks of the lake and to the anabranch of the Coomera River. The environmental covenant will allow for the ecological rehabilitation and protection of this area. The remaining portions of the site will be landscaped in a manner which will rehabilitate the ecology of the site given its highly disturbed nature.

Accordingly, the establishment of the proposed development is considered to adequately comply with the intent of Precinct 3 – Extractive Industries of the Oxenford LAP. The proposed development has been sited and managed in a way which will not compromise the continued use of the site for extractive industry purposes. The proposed development allows for the rehabilitation and enhancement of the ecological values of the site and surrounding area. Furthermore, the establishment of an environmental covenant will ensure the long term protection of these values.

Higher Order Assessment Land Use Theme – Part 3, Division 3

The Land Use Theme Planning Strategy Map (PS-1) locates the subject site within the ‘Extractive Industry’ Land Use Theme. The Extractive Industry Land Use Theme seeks to retain and protect identified land for the purposes of extractive industries. Furthermore, the Strategy advises that Extractive Industry areas are to be protected from land uses which may inhibit future extraction. The Strategy also goes on to acknowledge that once the resources on site have been depleted, sites should be cable of rehabilitation and re-use. The proposal provides for the suitable re-use of Extractive Industry land which has seen the depletion of the resource, while protecting the continued operation of industrial activities on other parts of the site. Therefore, based on the points previously raised, the proposal is considered to comply with the planning intent of the Extractive Industry Land Use Theme.

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


163 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 PC8 – Open Space

Performance criteria Acceptable solution PC8 Open Space areas must be protected from development and managed to ensure: a) protection of amenity; b) water quality; c) preservation of significant remnant vegetation and core habitat; d) maintenance and enhancement of ecological corridors; e) preservation of significant vistas and areas of scenic value.

AS8 No development occurs within areas identified as Open Space Protection Area on Oxenford LAP Map 18A.7 – Open Space Protection, Heritage and Character.

As noted above, the subject site is contained within the Oxenford LAP Map 18A.7 – Open Space Protection, Heritage and Character. A review this map confirms, that this designation follows the site’s interface with the anabranches of the Coomera River (as illustrated below):

Image 7 – Extract from Oxenford LAP Map 18A.7 – Open Space Protection, Heritage and Character This designation applies to the southern and eastern parts of the lake (the subject of this application). The eastern part of the lake to which the above designation applies includes large cleared areas, the existing concrete batching facility and groupings of vegetation. The southern portion of the lake does not contain any built form structures with the area featuring a mixture of open grass and groupings of mature vegetation. It is noted that this area also includes areas of bank stabilisation to the lake. These works were undertaken pursuant to the existing development approvals (MCU and ERAs) associated with the extractive industry operations on site.

The majority of the structures and improvements associated with the proposed development will be located along the eastern and northern portion of the lake banks. Additionally, the proposal will also require that the existing lake edge be re-profiled to allow patron egress from the lake. The establishment of the development within this portion of the site requires consideration of an alternative solution to address Performance Criteria PC8.

Development site


164 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 In keeping with the intent of this provision, the wakeboard facility has been cited to preserve the existing remnant vegetation located on-site. A small portion of the remnant vegetation will be removed in order to establish access to the central facilities. To enhance the ecological values of this portion of the site, the applicant is proposing to establish an environmental covenant over the southern banks of the lake and to the anabranch of the Coomera River.

A detailed assessment of this alternative solution was undertaken by Council’s Environmental and Open Space Assessment sections. Officers acknowledged the disturbed nature of the site in particular the northern and eastern banks of the lake, where the structures and improvements associated with the development are to be located. In this regard the assessment focused on the portions of the site not affected by the existing concrete batching plant operations and the areas where the proposed development would be located (i.e. the south-eastern and southern banks of the lake).

Officers from Council’s Environmental and Open Space Assessment sections initially sought to get these areas managed through an open space dedication to Council. However, given the controlled access to the site and nature of the continued operations of the extractive industry and concrete batching plant on site, Officers subsequently accepted the establishment of an environmental covenant over the southern banks of the lake and to the Coomera River. The applicant submitted a Covenant Management Plan which incorporated the proposed rehabilitation works to occur within the area. The submitted management plan was assessed by Officers and considered to provide an appropriate response to the intent of Performance Criteria PC8. It is noted that conditions have been included within the Officer’s recommendation advising that amendments are required to the proposed Covenant Management Plan to address outstanding management issues. Provision has been made within the covenant to allow for the inclusion of the necessary mechanisms associated with the cable ski operations, as well as the provision of an access track to allow patron egress from the lake.

Image 8 – Extent of Environmental covenant area (shown in dashed line)


165 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 The establishment of the environmental covenant will allow for the ecological rehabilitation and protection of this area. The remaining portions of the site are proposed to be landscaped in a manner which will rehabilitate the ecology of the site given its highly disturbed nature.

It is therefore recommended, that the applicant’s request for the consideration of an alternative solution to AS8 be approved on the grounds that the proposed development meets Performance Criteria PC 8 of the Oxenford Local Area Plan.

PC33 – Environment and Open Space

Performance criteria Acceptable solution PC33 The development must avoid detrimental impact on the natural environment by: a) Conserving, to the greatest extent possible, the nature conservation and environmental values of the site and its surrounds, particularly remnant and riparian vegetation and ecological corridors; b) minimizing site disturbance, erosion and loss of soil; c) removing non-native vegetation including environmental weeds; d) avoiding changes to ground level wherever possible; e) minimizing impacts due to changes in the quantity and quality of storm water.


The proposed development’s response to Performance Criteria PC33 is considered to be discussed in detail above. As noted, the proposal requires that the existing lake edge be re-profiled to allow egress from the lake. Site rehabilitation and landscape works have taken into consideration the works along the lake’s edge thereby ensuring that the ecological values of the site are enhanced following the completion of works.

Following a detailed assessment of the proposed development by Officers including those from Council’s Environmental and Open Space Assessment sections, it has been determined that the proposed development complies with Performance Criteria PC33 of the Oxenford Local Area Plan.


166 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 PC33 – Amenity Protection

Performance criteria Acceptable solution PC33 The proposed use must not detract from the amenity of the local area, having regard, but not limited, to the impact of: a) noise; b) hours of operation; c) traffic; d) lighting; e) signage; f) visual amenity; g) privacy; h) odour and emissions.


Officers have reviewed the proposed development and consider it to comply with the abovementioned Performance Criteria.

Noise and Hours of Operation Council’s Health and Regulatory Services section have assessed the application which included an acoustic report and have concluded that no adverse impacts will arise from the proposed development. The development will be managed in a manner which will minimise the acoustic impacts. In this instance the hours of operation have been limited to 7am to 6pm. Additionally, no external speakers or sirens are permitted to be installed on site.

Traffic To address the impacts of the proposed development on the local road network, the applicant prepared a traffic impact assessment report. The submitted report was reviewed by the Department of Infrastructure, Local Government and Planning (DILGP) as part of the Concurrence Agency assessment of the proposal. Correspondence with the DILGP established that the development demonstrated an acceptable outcome having regard to the State Government’s road standards. Here it was determined that the proposed development would not compromise the safety, functioning and efficiency of Maudsland Road. The proposed increase in traffic as a result of the development is considered to be within the capacities of the existing road network.

To address the internal traffic management of the site, mitigation measures are proposed to minimise any potential conflict arising from the interaction of wakeboard facility patron/gravel extraction operation vehicles given the single road access. These include the upgrading and widening of the internal road to a two (2) lane standard, upgrading of the vehicle access points to the various parts of the site and the inclusion of appropriate directional and warning signage and lighting. A review the submitted traffic management plan has been undertaken by Council’s Transport Assessment section who has confirmed that the traffic conflict can be appropriately minimised, through the adoption of the proposed mitigation measures.

Lighting Lighting of the proposed development will be limited to key vehicle movement and parking areas and in proximity of the central facilities area. A standard condition is recommended to ensure any proposed lighting devices are positioned appropriately and shielded, to cause no glare or nuisance to surrounding land uses and roadways.


167 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Signage No advertising devices are proposed as part of the subsequent Material Change of Use application. The applicant will be required to lodge an Operational Works application for Advertising Devices to permit the erection of any signage on site.

Visual Amenity Structures associated with the proposed Wakeboard/Cable ski facility will be limited to a single level demountable building as well as several poles positioned along the lake’s edge to accommodate the cable ski operation. Given its central positioning on site these structures are not likely to have an adverse impact on the visual amenity of the local area.

Privacy Given the site’s positioning along with its separation distance to the closest residents, the proposed development is not expected to compromise the reasonable privacy expectations of the nearby residential area.

Odour and Emissions Due to the nature of development, officers do not consider odour and emissions generated as a result of the development to be detrimental to the amenity of the local area.

Additional considerations – Water Quality

To address the existing and future management of the lake’s water quality, the applicant submitted a Lake Water Quality Management Plan (LWQMP). The LWQMP was prepared by a qualified environmental engineer and specifically investigated the suitability of the water quality of the lake for primary contact (i.e. human contact) in accordance with the Queensland Water Quality Guidelines (QWQG) and ANZECC guidelines.

Findings from the LWQMP determined that the existing lake water quality meets the primary contact (human contact) requirements for Microbiological requirements and the Physical and Chemical guidelines. The report also determined that the lake contained elevated nutrient levels, an elevated total algal count and stratified water layers in respect of dissolved oxygen. As it relates to these parameters, the guidelines for human contact have not been met. The report indicates that the non-compliance with these parameters did not represent a health issue rather a nuisance issue and would be addressed prior to the commencement of the use.

To address the water quality of the lake, the LWQMP recommended the adoption of suitable management and monitoring procedures to improve and maintain the water quality levels of the lake. These include procedures for both the construction and operation activities of the proposed use. The following are extracts from the submitted LWQMP identifying the proposed monitoring and management arrangements relating to the water quality of the subject lake:


168 Adopted Report


Table 1 - Monitoring procedures – Construction phase

Purpose (Construction phase) Monitoring should be conducted to determine: • That the waterway protection measures

are operating efficiently; • The ongoing health of lake water quality;

and • The source of possible pollution and any

remedial actions to be implemented in case of an emergency.

Monitoring sites At designated locations as indicated on Figure 3.1 within the LWQMP document

Parameters TSS, TN, TP, Total Algae, Microcystic Algae species, Turbidity, pH and DO

Frequency Monthly during construction activities and during on maintenance Following a single rain event in excess of 25mm per day during construction phase

Monitoring Procedures Sampling by the operator in accordance with the procedures set out in the Environmental Protection Authority’s Water Quality Sample Manual. Analysis by COGC Scientific Services who are National Association of Testing Authorities, Australia (NATA) registered for all of the above parameters.

Reporting Reports to be submitted to Council for review, upon request.

Management responsibility and Objectives – Operational phase The applicant (Capital Investments) would be legally responsible to ensure that the lake is maintained on an on-going basis in accordance with this Management plan. The purpose of lake maintenance is to:

• Ensure the lake water quality meets the primary (human) contact parameters; • Continue the aesthetic amenity of the lake by ensuring the ponds are free from litter,

debris, oils and scum; • Ensure nuisance and vector organisms are controlled; • Ensure the vegetation both within the lake and surrounds are controlled from weed

infestations and that vegetation is sustained; • Keep access areas required for maintenance of ponds clear allowing maintenance

crew to service the ponds; and • Provide an additional check on visual and odour parameters and to contact relevant

persons for monitoring.


169 Adopted Report


The following table provides the proposed maintenance regime for the lake. Table 2 - Lake Maintenance Regime

The submitted LWQMP was forwarded to Council’s Catchment Management Unit for assessment. Council’s Catchment Management Unit is responsible for the management and monitoring of Council owned water recreation facilities (lakes, rivers, etc). This section reviewed the LWQMP in accordance with the Queensland Water Quality Guidelines (QWQG) and ANZECC guidelines.

Correspondence established the following:

• ‘The submitted LWQMP includes all the required monitoring, correct parameters for primary use, and suitable monitoring and maintenance information on all related water quality issues; and


170 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 • CMU are satisfied that the LWQMP includes the conditions required to ensure safe

primary lake use.’ The comments provided by Council’s Catchment Management Unit have been noted. An appropriate condition approving the submitted LWQMP has been included in the Officer’s Recommendation. Additional conditions have been provided relating to the following:

• The three (3) monthly submission of Lake Water Quality results to Council for review;

• The requirement of further water quality monitoring namely after a single rain event in excess of 25mm per day once operational; and

• The requirement for the applicant/operator to temporarily close the Wakeboard/Cable Ski facility in the event that water quality levels are not suited for primary (human) contact and maintain closure until such time the water quality meets the prescribed standard.

Based on the above, it is considered that the development complies with Performance Criteria 33 of the Oxenford Local Area Plan. Compliance with the relevant specific development code There are no Specific Development Codes applicable for the proposed development.

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

• Bushfire Management Areas • Canals and Waterways Areas • Flood affected areas • Car parking, Access and Transport Integration • Natural Areas and Natural Waterways • Nature Conservation

Bushfire Management Areas Constraint Code In accordance with the requirements of the Gold Coast Planning Scheme, the Bushfire Management Areas Constraint Code is triggered for the proposed development.

Following a review of the application by Council’s embedded Bushfire Management Officer as part of the DART process, no further assessment of the proposed development against the Bushfire Management Areas Constraint Code was considered necessary. The existing site conditions were considered to adequately account for any potential bushfire related matters. Canals and Waterways Areas Constraint Code In accordance with the requirements of the Gold Coast Planning Scheme, the Canals and Waterways Areas Constraint Code is triggered for the proposed development. The proposed development is considered to comply with the applicable Acceptable Solutions and Performance Criteria of this Constraint Code. Conditions have been provided from Council’s Hydraulic Assessment section to ensure the proposed development’s ongoing compliance with this Code.


171 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Flood Affected Areas Constraint Code In accordance with the requirements of the Gold Coast Planning Scheme, the Flood Affected Areas Constraint Code is triggered for the proposed development. An assessment of the development’s compliance with the requirements of this Constraint Code was undertaken by Council’s Hydraulic Assessment section. The following comments have been received from this section:

‘To address stormwater and flood management related issues, the applicant has submitted a Hydraulic Impact Assessment Report, Flood Evacuation Emergency Management Plan and a Conceptual Stormwater Management Plan. Officer’s assessment included the detailed assessment of each of these reports. The following was established: Council’s database shows that the subject site is affected by Coomera River flooding and does not have flood free access in accordance with Council’s Flood Affected Areas Constraint Codes. The applicant has addressed this matter within the abovementioned reports. The Hydraulic Impact Assessment report has used TUFLOW model, which was calibrated and validated with Council’s Coomera River MIKE Flood model. This report demonstrated that there will be no actionable damage occurred as a result of the proposal. The report has addressed Council’s Flood Affected Areas Constraint Codes in regards to Council’s current designated flood level; however, TUFLOW/MIKE Flood model has only been used to analyse the impact assessment of the proposal, which is acceptable. Regarding stormwater management, the submitted report has addressed and provided adequate information, which complies with Council’s relevant requirements.’

The comments provided from Council’s Hydraulic Assessment section have been noted. Suitable conditions have been included in the Officer’s Recommendation to ensure the development’s on going compliance with this code and Council’s prescribed standards.

Car parking, Access and Transport Integration Constraint Code In accordance with the requirements of the Gold Coast Planning Scheme, the Car Parking, Access and Transport Integration Constraint Code is triggered for the proposed development. An assessment of the development’s compliance with the requirements of this Constraint Code was undertaken by Council’s Transport Assessment section. The following comments have been received from this section:

‘Car Parking Provision Amended plans propose 57 sealed and formalised car parking spaces. An additional 63 spaces are proposed in an ‘overflow car park’ arrangement directly adjoining the sealed car park. As assessed, the development is not anticipated to generate a demand for more than 55 vehicles during typical peak trade. On this basis, the 57 sealed car parking spaces are deemed to achieve compliance with PC16 of Constraint Code 4, in that this quantum is expected to accommodate anticipated (typical) peak demand.

The location of the car park is proposed to be located around 100 m from the central facility/operations Area. The applicant proposes the use of a golf buggy to transfer patrons to/from the car park to the central facilities/operation area, via a 1.8 m wide footpath. Transport Assessment has no objections to this arrangement, and does not need to provide conditions in relation to this aspect of the development (golf buggy).


172 Adopted Report


Servicing Requirements Plans show a modified arrangement for servicing. Beyond access to the public car parking area, the internal access road will continue, and will terminate in a cul-de-sac head, in direct proximity to the central facility/operations area. A swept path has been provided to demonstrate that a 9.9 m side-lift refuse truck can turn around within the cul-de-sac head.

As the applicant has provided a swept path for a waste collection vehicle, this is accepted as the design service vehicle. The applicant has demonstrated that sufficient room is provided on-site for the design service vehicle to turn around, and the service area is located in proximity to the central facility/operations area such that goods can be transferred over a short distance. A waste service point is also identified in proximity to this area.

Compliance with PCs 13 and 14 of Constraint Code 4 is deemed to be achieved.

Design of Car Parking Facilities and Internal Circulation Plans show modifications to the internal access road compliant with the recommendations in Burchills’ Traffic Impact Assessment report, and to be undertaken at the first stage of development. Transport Assessment is comfortable that these measures improve safety with respect to vehicular access, given that heavy vehicles (associated with the extractive industries on-site) and patrons to the cable-ski park will share parts of the same road. These measures will be reflected in the stamped, approved plans.

The comments provided from Council’s Transport Assessment section have been noted. Further to these comments, Officers will be imposing a condition regarding the number of staff and patrons permitted to be on site at any one time. Despite the allowances of additional overflow car parking, the traffic impact assessment of the proposed development has been based on the following parameters that are documented in the applicant’s Traffic Impact Assessment report. The following is the anticipated number of persons likely to be on site at any one time:

• Participants – 30

• Observers – 20

• Staff – 5

• Total – 55

• Duration of stay on site – 2 hours

• Maximum daily population for the busiest day -120

Based on the above estimations, the proposed development was indicated to generate a peak traffic demand of 55 vehicles trips per hour.

The abovementioned assumptions have formed part of the Department of Infrastructure, Local Government and Planning’s consideration of the development’s traffic impact on the adjoining State controlled road network. Similarly, these assumptions have formed part of Council’s Transport Assessment’s consideration of the car parking management and appropriateness of the vehicle access on site. It is therefore considered relevant to ensure that these assumptions are appropriately regulated through conditions.


173 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 The applicant has indicated that the proposed Wakeboard/Cable Park facility may host special events whereby additional patrons will attend the site. The parameters of these events (number of patrons, frequency, traffic impacts, etc) are not known by the applicant and as such have not been communicated within the submitted Traffic Impact Assessment report. On this basis, Officers consider that future assessment of the impacts associated with a special event should be undertaken as part of a subsequent application to Council. A subsequent application would require Concurrence Agency assessment by the Department of Infrastructure, Local Government and Planning to determine the traffic impacts of the special events on the adjoining State controlled road network. Other matters such as noise and waste management would also be assessed and appropriately conditioned.

Appropriate conditions relating to car parking and traffic management have been included in the Officer’s Recommendation to ensure the development’s on going compliance with the Car parking, Access and Transport Integration Constraint Code.

Natural Areas and Natural Waterways Constraint Code and the Nature Conservation Constraint Code. In accordance with the requirements of the Gold Coast Planning Scheme 2003, the abovementioned Constraint Codes are triggered for the proposed development.

Following a detailed assessment of the proposal against these Codes, as noted above, Council’s Environmental Assessment section has accepted the proposed establishment of an environmental covenant over the development’s edge to the anabranch of the Coomera River. It was concluded that the environmental covenant will allow for the ecological rehabilitation and protection of this area thereby enhancing the environmental values of the Coomera River.

The proposed development is considered to comply with the requirements of both of the abovementioned Constraint Codes. Conditions have been provided from Council’s Environment Assessment section to ensure the proposed development’s ongoing compliance with these Codes. 8 STATE PLANNING POLICY The Queensland Government established the State Planning Policy (SPP) in December 2013 (amended July 2014) to simplify and clarify matters of state interest in land use planning and development. As discussed above, a search of the SPP DA mapping system indicates that the subject site is no longer listed as being a ‘Key Resource Area’ site. The site’s removal from the KRA map confirms the depletion of resources from the site. Given the recent updating of the KRA mapping, the removal of the site from the KRA map is not reflected within the current land use designation over the site under the current Gold Coast Planning Scheme 2003. The proposed establishment of the Wakeboard/Cable Ski Facility on site is not considered to be in conflict with the State Planning Policy. As confirmed through the Concurrence Agency’s response, the development will have minimal impact on the safety and efficiency of the adjoining Maudsland Road (haulage route).


174 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 9 STATE PLANNING REGULATORY PROVISIONS The State Planning Regulatory Provisions – Adopted Charges are applicable to the proposed development. Infrastructure Charges levied for the development are discussed in the Development Infrastructure section below.

The State Planning Regulatory Provisions – South East Queensland Regional Plan are applicable to the proposed development. Refer below for discussion. 10 SOUTH EAST QUEENSLAND REGIONAL PLAN The South East Queensland Regional Plan allocates all land within the identified region into one of three regional land use categories. The subject site is located within the ‘Urban Footprint’ regional land use category.

It is considered that the subject site possesses attributes that are consistent with the locations in which the ‘Urban Footprint’ is looking to focus growth.

The development, which is proposing a form of recreation and tourist development is considered to adequately comply with the objectives of the SEQ Regional Plan.

11 INTERNAL REFERRALS The subject application was made available for referral to representatives from the following departments through the Development Assessment Review Team (DART) process on the 14 May 2015.

List of available referrals for reference Health and Regulatory Services




Architect

Gold Coast Water

City Infrastructure



Operational Works



Arborist


Beaches and Water


Social Planning


175 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 From this meeting the application was referred to applicable referrals. The table below identifies the relevant comments and conditions provided from the applicable Internal Referrals which have been included the Officer’s Recommendation:

Health and Regulatory Services

Relevant Comments The acoustic report advises that the proposed wakeboard and cable ski park will comply with the acoustic quality objectives, background creep, and background ‘+’ criteria for the proposed operating hours of 7am to 6pm.

The Waste Management Plan has calculated estimated waste generation, waste storage areas and swept paths for a heavy rigid vehicle for collection of waste.

Applicable Conditions • Waste Management requirements for the development

(inclusive of an additional area for future waste management provisions);

• Implementation of acoustic attenuation measures as documented within the submitted Acoustic Report;

• Hours of operation; and

• Prohibiting of the use of external speakers and sirens.


Relevant Comments Refer to discussions above

Applicable Conditions • Provision of off street parking;

• Freely access car parking for staff and patrons;

• Loading provisions; • Improvements to the internal road; and

• Provision of lighting to the internal road (as illustrated on plan);


Relevant Comments Not applicable Applicable Conditions • Provision of electricity to the development


Relevant Comments Not applicable

Applicable Conditions Requirements for the applicant to obtain Compliance permits relating to: • Sewerage works (on site management and removal); and • Water supply plumbing work;


176 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Environmental Assessment

Relevant Comments Not applicable Applicable Conditions • Designation of the Covenant Area;

• Prohibited activities within the Covenant Area;

• Submission of an amended Covenant Area management plan;

• Scope of vegetation removal; and

• Management of works near the Coomera River.



Applicable Conditions • Stormwater management requirements and compliance with

Council’s requirements; • Maintenance of overland flow paths;

• No loss of flood plain storage;

• Certification of earthworks in accordance with the hydraulic report;

• Required endorsement of a Flood emergency management plan;

• Flood hazard signage;

• Erosion and sediment control; and

• Lake bank stability.


Relevant Comments Not applicable

Applicable conditions • Submission of a detailed landscape plan for assessment; and

• The planting requirements within key landscape areas of the proposed development.

Other Sections of Council – Catchment Management Unit


Applicable conditions • Management, monitoring and actions to be undertaken in

accordance with the submitted Lake Water Quality Management Plan


177 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 12 EXTERNAL REFERRALS 12.1 Concurrence agencies Under the provisions of Sustainable Planning Regulation 2009, the Department of Infrastructure, Local Government and Planning (DILGP) were identified to act as a Concurrency Agency, having regard to the site’s proximity to a State-controlled road being Maudsland Road. Correspondence dated 16 June 2015, provided a response to the assessment of the proposed development having regard to the abovementioned trigger for Concurrence Agency assessment.

DILGP has assessed the application and provided a concurrence agency response. The requirements of DILGP have been conditioned in the Concurrence Agency response forwarded to the Council. The assessment concluded that the DILGP had no objections to the proposed development. No requirements or conditions have been imposed by DILGP. A copy of the DILGP Concurrence Agency response to the proposal will be attached to Council’s Decision Notice for this application.

12.2 Advice agencies Not applicable

13 DEVELOPMENT INFRASTRUCTURE Infrastructure Charges have been calculated in accordance with Council’s Adopted Infrastructure Charges regime. An Infrastructure Charges Notice has been forwarded for attachment to the Decision Notice.

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

In response to notification, a total 95 submission/s were received. 85 submissions supported the development, while 10 submissions were received objecting to the application.


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ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 The main points of objection are listed, followed by the officer’s comment.

Point of objection Officer’s comment Traffic Impacts ‘Concerns over the impacts of the traffic generated by the development on Maudsland Road and adjoining streets.’ ‘The application has not appropriately assessed the site’s access via the four-way intersection on Maudsland Road and potential conflicts to the existing Quarry on the opposite side of the road.’ ‘The development has not accounted for the potential conflicts along the internal road given the continuation of existing uses on site.’

To address the impacts of the proposed development on the local road network, the applicant prepared a Traffic Impact Assessment Report which was scrutinised by Council’s Transport Assessment section and considered to be acceptable. The proposed development abuts and takes access via Maudsland Road. Maudsland Road is a State Controlled road with all planning and assessment under the jurisdiction of the State Government. Also under the control of the State Government is the existing four-way intersection, which facilitates access to the site and existing quarry to the east. The Department of Infrastructure, Local Government and Planning (DILGP) is a Concurrence Agency for the subject application which was responsible for the assessment of the traffic impacts of the proposed development on Maudsland Road. The DILGP completed an assessment of the proposed development inclusive of the traffic impact assessment report submitted by the applicant. The assessment completed took into account the car parking and traffic demands of the development while having regard to the existing traffic characteristics of the adjoining road network. The Concurrency Agency response confirmed that the development demonstrates an acceptable outcome having regard to the capacity of the existing road network. Furthermore, no concerns were established in relation to safety and the traffic generated by the proposed development. The DILGP had no requirements for additional road works along the site’s frontage. To address the internal traffic management of the site, mitigation measures are proposed to minimise any potential conflict arising from the interaction of wakeboard facility patron/gravel extraction operation vehicles given the single road access. These include the upgrading and widening of the internal road to a two (2) lane standard, upgrading of the vehicle access points to the various parts of the site and the inclusion of appropriate signage and lighting. A review of the on-site traffic management measures has been undertaken by Council’s Transport Assessment section who has confirmed that the traffic conflict can be appropriately minimised, through the adoption of the proposed mitigation measures.


179 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Based on the assessment of the proposed development

including a review of the submitted traffic report, it is determined that the grounds presented within the objection have been adequately addressed in the assessment of this application.

Noise ‘Concerns over the noise impacts relating to the proposed use of the site for a Wakeboard/Cable Ski Facility.’ ‘Acoustic impacts from the amplified music from the Central facilities area.’

The applicant has submitted an Acoustic Report detailing the acoustic impacts of the development on the surrounding land uses. The acoustic report was prepared by a suitably qualified professional and assessed by Council’s Environmental Health Officers. The assessment concluded that no adverse impacts will arise from the proposed development on the closest noise sensitive land use. This assessment included consideration of the proposed hours of operation. The submitted acoustic report including the recommended management measures have been considered acceptable by Council’s Environmental Health Officers. Conditions relating to the hours of operation and the intensity of the use have been included in the Officer’s Recommendation. Additionally, a condition has been recommended prohibiting amplified music and the inclusion of any external speakers and sirens which may cause an acoustic nuisance. It is therefore determined that the grounds presented within the objection are suitably addressed through conditions of the approval.

Hydraulic impacts ‘Concerns over the potential flooding impacts on adjoining properties as a result of the development and associated works.’ ‘Council should be undertaking a detailed review of the hydraulic characteristics of the locality to ensure no impacts occur both up and down stream to the site.’

To address the flooding and hydraulic constraints of the site and its surrounds, the applicant has submitted a Hydraulic Impact Assessment Report, Flood Evacuation Emergency Management Plan and a Conceptual Stormwater Management Plan, prepared by a suitably qualified Engineer. The submitted Hydraulic reports were referred to Council’s Hydraulic Assessment section for review and assessment. Correspondence determined that the stormwater report and information provided have been assessed against the requirements of Council’s Land Development Guidelines and the best management practices, and found to be satisfactory given the site and local area characteristics. Furthermore, sufficient conditions to ensure that the stormwater management works for the development does not cause any adverse hydraulic impact external to the site have been included in the Officer’s Recommendation.


180 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Based on the assessment undertaken by Council’s

Hydraulic Engineers, it is determined that the grounds presented within the objection are suitably addressed through conditions of the approval.

Parkland/ Public use of land ‘The areas of the site adjoining the Coomera River should be dedicated to Council as park. Public access to this area should be permitted to allow for the establishment of trials and walking paths.’

The subject site is contained within the Oxenford LAP Map 18A.7 – Open Space Protection, Heritage and Character. Portions of the site affected by the designation are to be appropriately managed to enhance the environmental values of the site and adjoining Coomera River. There is no requirement under either the Oxenford LAP or Council’s PIP for the dedication of the land from the site for the purposes of park. As discussed above, Council’s Environmental Assessment section has accepted the proposed establishment of an environmental covenant over the development’s edge to the anabranch of the Coomera River. It was concluded that the environmental covenant will allow for the ecological rehabilitation and protection of this area thereby enhancing the environmental values of the Coomera River. It is considered that the matters raised within this objection have been appropriately addressed through the assessment of the application.

Landscaping ‘Landscaping of the site should not be limited to the development area.’ ‘Council should be conditioning the final landscape outcome of the whole site following the closure of the quarry.’

The proposed development is limited to the southern portion of the site, with existing extractive industry operations and the concrete batching plant to continue over the remainder of the site. Landscaping of the site is limited to areas around the lake, car parking area, internal road and pedestrian access paths. Rehabilitation works and the establishment of an environmental covenant will occur over the southern banks of the lake. The landscaping of the entire site is not considered a reasonable or relevant imposition on the proposed development. The extractive industry operations including the subsequent rehabilitation and landscaping of the site is regulated by the previous MCU and ERA approvals. Upon the ceasing of the extractive processes on site, the owner of the site will be required to undertake extensive rehabilitation and landscaping of remainder of the site. It is considered that the matters raised within this objection have been appropriately addressed through the assessment of the application.


181 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Environmental considerations ‘Developments impacts on the ecology of the lake.’ ‘Breaching of the lake’s banks.’

It is noted that the existing lakes on site where created through extractive industry processes on site. These processes have also resulted in extensive earthworks on site and the removal of vegetation from site causing the site to be highly disturbed. To address the proposed development’s impact on the ecology of the site and lake area, the applicant submitted a statement of landscape intent, an environmental covenant management and a lake water quality management plan. Each of these documents provided an analysis on the existing ecological values of the site and the lake. The submitted reports were referred to Council’s Environmental Assessment section for review and assessment. Correspondence determined that the proposed development would not compromise the ecological values of the site. It was determined that the implementation of the proposed landscaping and rehabilitation through the proposed covenant would improve the existing environmental conditions on site. The management of the lake’s banks has been appropriately conditioned in the Officer’s Recommendation. It is considered that the matters raised within this objection have been appropriately addressed through the assessment of the application.

Lighting impacts ‘Concerns over lighting impacts on adjoining residents.’

Lighting of the proposed development will be limited to key vehicle movement and parking areas and for illumination of the central facilities area.

The potential spill of lighting from the proposed development has been appropriately conditioned within the Officer’s Recommendation. The applicant will be required to ensure that the positioning of lighting on site does not cause nuisance to surrounding residents.

Use of Lot 2 on RP55123 (northern lake area) ‘Concerns over the expansion of the use into the northern lake area.’

The proposed Wakeboard/Cable Ski facility is to be located within the southern lake area as illustrated in the site plan submitted with the application. The subject site plan will be referenced in the conditions of any approval issued by Council. All activities associated with the Wakeboard/Cable Ski facility will be limited to occur to those areas shown on plan. The applicant will not be permitted to increase the operation of the use to include the northern lake unless a development application is lodged to Council to increase the scale of the land use.


182 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Incorrect assumptions used in reporting ‘The assumptions of staff and patrons attending the site are particularly low.’

The applicant has indicated that the development will operate at the scale and intensity as indicated in the application material. This included the proposed number of staff and patrons to attend the site at any given time. These parameters were used to consider matters relating to traffic impacts, car parking, waste and service management. To ensure the integrity of the approval, a condition has been included in the Officer’s recommendation limiting the number of staff and patrons permitted on site at any one time. The inclusion of the condition is to ensure that the development operates in accordance with the parameters considered in the assessment of the application. It is considered that the matters raised within this objection have been appropriately addressed through the assessment of the application.

15 ASSESSMENT OF OTHER ASPECTS OF THE PROPOSAL Not applicable 16 CONCLUSION The proposed development is considered to comply with the intent of Precinct 3 – Extractive Industries of the Oxenford LAP. The proposed development makes use of a portion of the site that is no longer being used for extractive industry operations, while having minimal impact on the continued use of the site for extractive industry purposes. Appropriate mitigation measures are proposed to manage on site traffic arrangements, while the Concurrence Agency assessment has confirmed that the safety and efficiency of the adjoining Maudsland Road will not be compromised as a result of the development.

The development will enhance the ecological values in line with the requirements of the Oxenford LAP Map 18A.7 – Open Space Protection, Heritage and Character. This will be achieved through the establishment of an environmental covenant over the southern banks of the lake and to the anabranch of the Coomera River.

The proposed development is recommended for approval subject to the conditions in the Officer's Recommendation. 17 NOTIFICATIONS

Environmental Covenant A statutory environmental protection covenant for the purpose of protecting flora, fauna and habitat is registered (under the Land Title Act 1994) on the title of the Lot/s.

There are development approval conditions relating to the establishment and management of the covenant area. All property owner(s) must ensure compliance with the approved Covenant Management Plan and relevant conditions of approval. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.


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ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Property Subject to Flood Inundation A notation shall be applied to the rates card stating that

The property is subject to inundation during extreme flood events. a The property does not have a flood free access/egress during 100 year ARI b (Average Recurrence Interval) flood events.

Stormwater (Management Plan) There is a Stormwater Management Plan in regard to this lot. All property owner(s) must ensure compliance with the Stormwater Management Plan. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

Noise/Acoustic There are development approval conditions applicable in relation to acoustic issues on this lot and all subsequent lots. All property owner(s) must ensure compliance with these conditions. Please refer to Gold Coast City Council’s PN file and Decision Notice for further information. A copy of Council’s Decision Notice is available for viewing via Gold Coast City Council Planning and Development Online website www.goldcoastcity.com.au/pdonline.

18 RECOMMENDATION It is recommended Council of the City of Gold Coast (Council) resolves that:


Address of property 34 Maudsland Road and Killarney Court, Oxenford Area of property 88.13Ha Decision type Development Permit Further development permits Building Works, Vehicle Crossover, Operational

Works Further compliance permits Sewerage Works

Water Supply Plumbing Works Compliance assessment required for documents or works

Covenant Management Plan


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NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Outdoor Sport and Recreation (Wakeboard and Cable Ski facility and ancillary shop, café and bar), subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev.

Title Date Prepared by

BE140213 -SK101

D Wakeboard Park Overall Layout Plan

6 October 2015

Burchills Engineering Solutions

BE140213 -SK102

C Wakeboard Park Roadworks Layout Plan and Typical Sections

13 July 2015


BE140213 -SK104

C Wakeboard Park Operations Facility General Arrangement

6 October 2015


BE140213 –SK105

C Wakeboard Park Operations Facility and Lake Edge Typical Sections

6 October 2015


BE140213 –SK108

B Wakeboard Park Overflow Carpark I

6 October 2015


showing the following amendments: The approved development plans must clearly indicate the area to be i placed under environmental covenant in accordance with Figure 6.1 Restoration Plan Drawing E101 Version A prepared by Burchills Engineering Solutions dated 12 October 2015. Show the locations of mechanisms essential to facilitate the workings of the ii approved use. Amended Staging plan to illustrate the delivery of the environmental iii covenant (referred to above) as part of Stage 1 Amended site plan illustrating the provision of sufficient area for the storage iv and servicing on an additional bin for organic waste management.

The amended plans/drawings are to be submitted to Council for approval by the b Chief Executive Officer prior to:

Issue of a development permit for the carrying out of building work. i


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


Notice of works timetable 3 The applicant must give Council written notice of the following:

Application number; a Site address; b Name and telephone number (work and after hours) of c the project manager and the site owner; Works intended to be carried out; d The proposed timetable associated with the works, e including expected commencement, duration and completion date.



WORKS - COMPLIANCE

Certification of compliance 4 All works must be certified by a suitably qualified professional as complying with the approved plans. For this condition, a ‘suitably qualified professional’ is a person with tertiary qualification and professional affiliation in the field of engineering or science relevant to the works and/or management plan and who has at least two years experience in management in that field. Where the works and/or management plans involve different fields, a certification is required from a suitability qualified professional for each separate field.

Timing The applicant must submit the certification prior to the commencement of the use.


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ADVERTISING DEVICES

Advertising device approval required 5 No advertising device is to be erected on the premises without the necessary development permit for operational work (advertising device) and/or approval under Council’s Local Law No. 16 (Licensing) and Subordinate Local Law 16.8 (Advertisement). The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 5092 to discuss approval requirements.


INTENSITY OF THE USE

Maximum patron and staff numbers 6 No more than 50 patrons and five (5) staff may be present on the site at any one time.


Use of the Café, Shop and Bar 7 The use of the café, shop and bar shall remain of an ancillary scale and operation to the Wakeboard/Cable Ski facility and is not to operate independently.



Off street car parking facilities 8 Off-street car parking facilities must be designed, a constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used for b vehicle parking. A minimum of 57 off-street car parking spaces must be c provided With the exception of overflow car parking area, off-d street car parking facilities must be drained, sealed and line marked.

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

Freely accessible staff and visitor car parking 9 All car parking must be accessible, not subject to a regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site. Car parking for staff and visitors must have no b gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours. Staff and visitor parking must be clearly identifiable c through the provision of appropriate signage and line marking. Signage and line marking must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council.



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Loading and unloading 10 Loading and unloading of a vehicle servicing a a development must be conducted wholly within the site. A vehicle or vehicles waiting to be loaded or unloaded b must stand entirely within the site. All vehicles must enter and exit the site in a forward c gear.


Off-street commercial vehicle facilities 11 Off-street commercial vehicle facilities must be a designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.2-2002 (latest version). Off-street commercial vehicle facilities must only be b used for loading and unloading. Off-street commercial vehicle facilities must be drained c and line marked.


Internal access road – improvement works 12 Improvement works to the internal access road, in addition to construction of new segments of internal access road, must be undertaken by the applicant, at no cost to Council, in accordance with Burchills’ drawing number SK102(B) – ‘Wakeboard Park Roadworks Layout Plan And Typical Sections’ dated 13/07/2015.


Internal access road – lighting 13 The applicant must install appropriate lighting at the locations identified on amended Burchills’ drawing number SK108(A) - ‘Wakeboard Park Roadworks Lighting General Configuration Plan’ - dated 14/07/2015.


LAKE WATER QUALITY MANAGEMENT

Amendment of and compliance with Lake Water Quality 14 Management Plan

The submitted lake water quality management plan, a being Lake Water Quality Management Plan, BE140213-RP-LWM-0, dated 23 April 2015, prepared by Burchills Engineering Solutions is approved, subject to the following amendments relating to the monitoring and management of the lake water quality:

The applicant/operator is required to submit to i Council for review, the lake water quality analysis undertaken as part of the monitoring actions on the following basis: A Monthly during the construction phase; and B Three (3) monthly once the use has

commenced.

Timing At all times and as indicated within the condition


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Additional lake water quality monitoring and ii analysis is to occur after a single rain event in excess of 25mm per day during both the construction phase and once operational;

All maintenance and monitoring must be implemented b and carried out in accordance with the approved lake water quality management plan. The maintenance and monitoring of the lake water c quality is the responsibility of the applicant/operator of the Wakeboard/Cable Ski facility.

Temporary closure of the Wakeboard/Cable Ski facility 15 The applicant/operator is to close the Wakeboard/Cable Ski facility temporarily in the event that water quality levels are not suited for primary (human) contact. The facility shall remain closed until such time the lake water quality meet the prescribed standards. Such shall occur at no cost to Council and to the satisfaction of the Chief Executive Officer.

Timing At all times

COVENANT AREA – PROHIBITED ACTIVITIES, MANAGEMENT AND COVENANT

Covenant Area Dedication 16 The area nominated on Figure 6.1 Restoration Plan Drawing E101 Version A prepared by Burchills Engineering Solutions dated 12 October 2015 is for the purpose of preserving native plants and animals and must be nominated within an environmental covenant:

The proposal may incorporate any mechanism essential to a facilitate the workings of the proposed use. An access track immediately adjacent to the southern b bank is to be excluded from the covenant area. Appropriate delineations deterring public access c incorporating fauna friendly fencing.


Covenant Area – prohibited activities 17 The area is to be described as ‘covenant area’ on the approved plan nominated with conditions above entitled Amended Plans, (‘Covenant Area’) is for the purpose of preserving native plants and animals. Within the Covenant Area, the following activities must not be undertaken:

Clearing, lopping or removal of any native plants, whether a existing at the date of this approval or planted pursuant to conditions of this approval; Erection of any fixtures or improvements, including b buildings or structures; Construction of any trails or paths; c



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Depositing of any fill, soil, rock, rubbish, ashes, garbage, d waste or other material foreign to the protected area; Keeping or permitting the entry of domestic animals or any e other animals that are not indigenous to the Covenant Area; and Performance of any other acts which may have f detrimental impact on the values of the Covenant Area.

Amended Covenant Area management plan to be submitted 18 for approval

The submitted covenant management plan being a Covenant Management Plan Wakeboard Park Maudsland Road Oxenford Document No. BE140213-RP-COV-00 dated 14 October 2015 prepared by Burchills Engineering Solutions must be amended as follows:

Show any mechanism essential to facilitate the i workings of the approved use i.e. cable devices, located within the covenant area. Designate required access for maintenance of the ii essential mechanism as above.

The final planting density to be achieved within for the b environmental covenant is to be one plant per square metre. The Species palette is to emulate the naturally occurring c Regional Ecosystem onsite RE 12.3.11. Planting ratios to be generally 70%Canopy/Sub canopy: d 20%, Shrub: 10%Groundcover to ensure initial establishment of a canopy layer. Noting that a greater density of groundcovers may be required along the toe of the bank and/or in areas subject to bank erosion. The schedule of restoration works is to detail a 12 month e establishment period. The establishment period is to be followed by a 12 month f maintenance period. An annual report is to be submitted to Council, prepared g by a suitably qualified person, detailing the monitoring and maintenance of the environmental covenant area.

Timing As per the wording of the condition.

Compliance assessment of the amended covenant 19 management plan The covenant management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following:



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Matters or things against which the document must be assessed

The planning scheme’s: • Conservation Domain Place Code; • Natural Wetland Areas and Natural

Waterways Code; and • Nature Conservation Constraint Code; and • Appendix 1 (Guideline for the preparation of

a Rehabilitation Plan) of Council’s Open Space Management Guidelines: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007: Version 1).

• South East Queensland Ecological Restoration Framework http://www.goldcoast.qld.gov.au/south-east-queensland-ecological-restoration-framework-27595.html

Compliance assessor

Gold Coast City Council

When the request for compliance assessment must be made

Before the earlier of: • A development application for operational

work including change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work); or

• Any works commencing on-site for Stage 1.

The covenant management plan is not an approved plan until a compliance certificate has been issued in respect of it. Compliance certificate with future operational work 20 development applications A copy of the compliance certificate for the covenant management plan must be provided with any future operational work development applications. Ongoing compliance with the approved covenant 21 management plan The management measures and monitoring required by the approved covenant management plans and any conditions imposed on the compliance certificate must be complied with for the life of the development and the use of the premises. Amendment of the covenant management plan 22 The covenant management plan may be amended with the written agreement of Council but only if the amendment:

Is consistent with the purpose of the covenant (being the a statutory covenant required to be registered pursuant to the conditions of this approval); Does not alter the covenant area; and b Does not add or remove a party to the covenant. c



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Covenant Area/s – statutory covenants to be registered 23 At the same time as the lodgement of the subdivision plans, or if no subdivision plans are required, prior to the commencement of the use, an instrument of covenant must be registered on the title/s of the lot/s which contain/s the Covenant Area/s. The following requirements must be complied with in the preparation and lodgement of the instruments of covenant:

The applicant is responsible for the preparation of the a instruments of covenant and any necessary subdivision plans to enable registration of the covenants and for lodgement of each covenant for registration. The instrument must be in a form capable of registration b pursuant to section 97A (3) (b) of the Land Title Act 1994. The Covenant Areas must be shown and identified as a c ‘Covenant Area’ on the face of the subdivision plan in addition to any covenant descriptor (eg. Covenant ‘A’). Council’s standard covenant (Dealing number 711772071) d must be used and the applicant must provide a draft of the covenant to Council for written approval. The parties to the covenant are to be the registered owner e of the lot (as covenantor) and the Council (as covenantee). The instrument must include a purpose statement that f articulates:

That the covenantor acknowledges that the i Covenant Area contains native plants and habitat for native animals that should be preserved; That the covenant is aimed at directly preserving ii those features; and That to ensure the Covenant Area/s and their values iii are preserved, it is critical that activities within the Covenant Areas are limited and managed to ensure native plants, native animals, their habitat, & associated values are preserved.

The instrument must expressly set out, in full, as g obligations of the covenantor each of the individual requirements set out in Condition titled Covenant Area – prohibited activities and Condition titled Amended Covenant Management Plan to be submitted. If the instrument is requisitioned or refused registration by h the Registrar of Titles, the applicant shall amend the document to include a covenant/s which, as nearly as practicable, addresses the objective sought to be achieved by this condition. A draft of the amended document is to be provided to Council for written approval. The applicant must provide Council with evidence of the i registration of the covenant within 30 days of the registration of the subdivision plan that shows the Covenant Areas.


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Covenant Area - rehabilitation 24 The applicant must undertake and complete all rehabilitation works within the Covenant Area in accordance with the approved Amended Covenant Management Plan.


Pre-start’ inspection required 25 Prior to the commencement of approved rehabilitation works on site, the applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council officers and experienced Bushland Regenerator. The applicant must contact officer Sharon Dyer (ph: (07) 5582 8238) to schedule the meeting.


Completion of rehabilitation works 26 All rehabilitation works, including maintenance periods must be completed prior the commencement of use of Stage 1 of the development.

Timing As per the wording of the condition

LAKE AND RIVER BANKS STABILISATION

Lake and Coomera River banks stabilisation 27

Any works relating reshaping of banks, environmental a protection or restoration along the edges / banks of the lake and / or Coomera River must ensure appropriate (geotechnical) stabilisation of the banks to prevent any potential erosion or failure; The lake / river banks stabilisation / restoration measure b must be resistant to any morphological process during a range of flood events. Any / restoration works along the lake / river banks must ensure; A technical report with analyses addressing the above c requirements must be submitted to Council with future operational works application for lake / river banks restoration works. The report must be prepared by a suitably qualified professional (RPEQ or equivalent); Following the above works, full rehabilitation and d landscaping must be undertaken in accordance with the conditions of this approval (and / or related approval).

Timing (a), (b) & (c) In conjunction with future OPW application. If no OPW application is required, prior to commencement of works.

(d) Prior to the commencement of the use and as directed.

Maintenance of edges / banks of lake and Coomera River 28 Regular (ongoing) monitoring and necessary maintenance of the edges / banks of lake and Coomera River must be undertaken by the legal entity of the development, at no cost to Council. Detailed inspections must be carried out following flood events to ensure the stability of the banks and integrity of any associated structures.

Timing At all times


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SCOPE OF APPROVED VEGETATION CLEARING


The approved MCU / ROL layout plan. a A plan clearly identifying which vegetation is proposed to b be removed and which vegetation is proposed to be retained. Fauna management documentation: c

A letter from an DEHP approved spotter-catcher i together with any necessary fauna management plan or OPWS endorsed fauna translocation management plan. Compliance Assessment certificate for the ii Threatened Species Management Plan endorsed.

A vegetation management plan. d A sediment and erosion control and construction e management plan.





WATERWAY MANAGEMENT

Erosion and sediment control for works near waterways 30 All works undertaken immediately adjacent the Coomera a River must:



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be undertaken during dry weather, where possible; i be promptly rehabilitated conforming to the natural ii channel form, substrates and riparian vegetation as far as possible; and must not utilise loose mulch unless stabilised with iii alternative methods.

WASTE

Waste management plan 31 The development must be designed and constructed in accordance with the approved Waste Management Plan (WMP) prepared by Burchill Engineering Solutions (Reference No. BE140213-RP-WMP-00). Any proposed changes to the approved WMP must be submitted to, and approved by Council prior to the implementation of any proposed structural changes.


ACOUSTICS

Acoustic report 32 The development must be designed, constructed and a operated in accordance with the recommendations outlined in the acoustic report prepared by CRG Acoustics dated 4 August 2015 (Reference No. BE140213-RP-WMP-00). Any alteration to the design or construction of the b development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

Timing a)At all times

b) Prior to the issue of a development permit for building works.

Amplified noise 33 No amplified noise, installation of external speakers or sirens is permitted to occur from the operation of the Wakeboard/Cable Ski facility.


AMENITY

Hours of operation 34 All activities associated with the operation of the use are to be conducted only between the hours of 7am to 6pm daily.


Location of equipment and ventilation/refrigeration units 35 All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.



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Screening of storage 36 The storage of any machinery, materials or vehicles must be screened so as not to be visible from any road to which the site has frontage, to the satisfaction of the Chief Executive Officer.


No nuisance from lighting 37 All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause:

glare or other nuisance to surrounding residents and a motorists; a navigation hazard on any nearby or adjacent waterway. b


Fencing to the existing Concreate batching plant 38 The applicant is required to install a 1.8 metre high fence around the perimeter of the existing Concreate batching plant to prohibit unauthorised public access to this area.

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

HEALTH AND REGULATORY SERVICES

Food operations 39 Any food operations on the premises must comply with the Food Act 2006, Food Regulation 2006 and the Australia New Zealand Food Standards Code. The operator must apply for the necessary Food Licence for Fixed or Mobile Food Premises from Council’s Health, Regulatory & Lifeguard Services Branch.

Timing Prior to commencement of the use of the premises.

Trade waste approval required 40 A trade waste approval must be obtained from Gold Coast Water. All discharges must be in accordance with Council’s sewer reticulation system admission limit. Further information may be obtained from Gold Coast Water on 1300 366 692.

Timing Prior to the discharge from the premises of any trade waste to Council’s sewer reticulation system.

PLUMBING AND DRAINAGE

Application for compliance permit for sewerage works 41 required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all sewerage a works within the property; comply with Council’s: b



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Trade Waste Policy; and i Trade Waste Pre-treatment Policy and Guidelines); ii and

comply with Council’s Waste Management Policy Relating c to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note: • Sewerage works must not be carried out until a compliance

permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

• Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste.

A report from a registered City of Gold Coast soil evaluator 42 equal to Burchills Engineering Solutions report dated April 2015 to be submitted In conjunction with the hydraulic design for the sewerage works within the property, the applicant must submit to Council (Plumbing and Drainage Services) a report from a registered soil evaluator demonstrating that the proposed on-site sewerage treatment facility and effluent land application complies with AS/NZS 1547 – On-site domestic sewerage management. Information note: The operation of the on-site sewerage facility must comply with Council’s Local Law No. 15.0 (On-Site Sewerage Facility) and subordinate Local Law 15.1 which, among other things impose obligations on the owner of premises on which an on-site sewerage is operated in relation to: • arranging servicing of the facility by a service contractor; • periodic inspections, monitoring and maintenance; and • inspections which may be carried out from time to time by

Council’s authorised persons.


Application for compliance permit for water supply 43 plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all water a services within the property; and comply with Section 7 of Council’s Land Development b



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

HYDRAULICS

No loss of floodplain storage 44 The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.



No increase in peak flow rates downstream from the a site; No increase in flood levels external to the site; and b No increase in duration of inundation external to the site c that could cause loss or damage.




Certification of earthworks compliance with hydraulic 47 report The applicant must submit to Council a certification from a Registered Professional Engineer Queensland (RPEQ) specialising in hydraulics stating that the bulk earthworks comply with the approved hydraulic report, being “Wakeboard Park Maudsland Road, Oxenford – Hydraulic Impact Assessment” prepared by Coote Burchills Engineering Pty Ltd dated November 2015 and no loss of flood plain storage has occurred as a result of the earthworks. The certification must be accompanied by calculations and as constructed data that:

Includes existing and proposed triangulated surface a meshes which can be produced by computer terrain modelling software packages such as Civil-Cad, 12D or KEAYS; and Has been compared with the pre-development surface b levels to ensure that no loss of floodplain storage has occurred.

Timing The certification must be submitted to Council immediately after completion of the bulk earthworks.


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Certification of hydrologic/hydraulic calculations 48 The hydraulic report and engineering plans must be accompanied by certification from a Registered Professional Engineer Queensland (RPEQ) specialising in hydraulics stating that the proposed works will not result in an increase of peak flow rates and peak flood levels. The certification must be: a In accordance with the standard pro-forma at

Attachment B of Council’s Hydraulic Report Requirements – November 1999; and

b Submitted to Council for approval.

Timing Certification must be submitted with the development applications for operational work (change to ground level) and operational work (works for infrastructure).

Flood emergency management plan to be endorsed by a 49 natural hazard / risk management specialist

The Flood Evacuation Emergency Management Plan a (Coote Burchills, July 2015) must be peer reviewed and endorsed by a suitably qualified natural hazard / risk management specialist, to confirm that the management measures in the plan is appropriate for the proposed activities to address the extreme flood hazard of the site and the access / egress route. Evidence of the endorsement, in association with the b peer review recommendations and amended flood emergency management plan, must be submitted to Council.

Timing Prior to the commencement of the work on site.

Building floor levels 50 Building floor levels of non-habitable rooms must be at or above the designated flood level.


Flood hazard signage 51 The applicant must install flood markers and warning signs within the proposed development site informing occupants/visitors of the potential flood hazard. The flood markers and warning signs must be clearly visible to the occupants/visitors when entering the flood affected areas of the site.

Timing The flood markers and warning signs must be installed prior to the commencement of the use of the premises.


Stormwater management plan to be complied with 52 The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Wakeboard Park Maudsland Road, Oxenford – Conceptual Stormwater Management Plan” prepared by Coote Burchills Engineering Pty Ltd dated August 2015.

Timing The certification must be submitted, prior to the commencement of the use of the premises.


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SQIDs maintenance management plan 53 Prior to the commencement of the use of the premises, a the applicant must prepare a SQID Maintenance Management Plan (MMP) from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater in accordance with Council's Water Sensitive Urban Design Guidelines (Section 13 of Land Development Guidelines). The MMP should be a concise document suitable for b use by field staff in carrying out day-to-day maintenance activities. The MMP must include, but not necessarily be limited to, the following key information:

Design intent and description of the device(s) i The location and specific dimensions of the ii device(s) Approved / designed water quality objectives iii Water quality monitoring procedures iv Monitoring frequency v Specifications and procedures for device(s) vi maintenance Plant and equipment access details for vii maintenance activities Maintenance activity schedule defining viii frequency, area (m2) per maintenance zone, hours, staff, plant and equipment, approximate costs per rotation, and per annum Performance indicators / intervention levels / ix triggers for reactive maintenance Any necessary preventative maintenance x measures Acceptable solutions for specific items, i.e. xi acceptable plant species substitutions based on availability, hydraulic conductivity, water quality objectives, etc Approximate lifecycle maintenance costs. xii

All ongoing maintenance and monitoring of stormwater c treatment devices (e.g. bio-retention) must be undertaken in accordance with the MMP and managed by the legal entity of the development (e.g. Body Corporate), at no cost to Council to the satisfaction of the Chief Executive Officer.



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The proposed stormwater treatment devices must be d functional during the life of the development. Should the devices do not function properly as per designed due to various reasons (e.g. natural calamity), the applicant must re-install/replace the devices in accordance with the approved stormwater management plan.

Stormwater headwalls, outlets and associated flow paths 54 and channels

All stormwater headwalls/outlets and associated flow a paths and channels must be:

Treated in a manner appropriate to their i proposed landscaped surrounds; and Constructed in accordance with Planning ii Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings to avoid erosion and batter deterioration. For example, the channel from a stormwater outlet discharging into an area of revegetation must be constructed as a natural channel using site rock/stone and planted/revegetated as appropriate.

The aprons in front of stormwater headwalls must be b constructed to ensure no under-scouring can occur. The areas of cut surrounding the headwalls must be c sufficiently stabilised to the satisfaction of the Chief Executive Officer to ensure that no erosion or destabilisation occurs. All naturalised channels conveying or directing any d stormwater from the catchment within which the site is located must connect with other existing stormwater infrastructure.



Erosion and sediment control 55 Erosion, sediment and dust control measures must be a designed, implemented and maintained in accordance with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Sediment control structures (eg. sediment fence) must b be placed at the base of all materials imported on-site to mitigate any sediment runoff. A perimeter bund and/or diversion drain must be c constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater.



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To minimise unvegetated areas: d Construction activities must be staged; i Filled areas must be turfed or seeded ii immediately on completion; and No area should remain exposed (unvegetated) iii for more than 2 weeks unless construction work is being undertaken on that area.




in accordance with Figure 2.5 (Application of Grassed Filter Strips down a slope) of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). All polluted/contaminated water from the site, including g dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out h before the site is fully rehabilitated:


Water quality must be monitored in accordance with i Section 7.5 of the Best Practice Erosion & Control (IECA Australasia, November 2008) and compared with water quality objectives. A monitoring report must be prepared and retained at the site office and made available to Council’s inspectors upon request. The


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applicant must notify Council’s Contributed Assets Section and Department of Environment and Heritage Protection of any non-compliance to water quality objectives and the corrective actions taken by the applicant within 48 hours of the non-compliance.

Construction of sediment basin 56 The sediment basin for the construction phase of the a development must be designed in accordance with Appendix B of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Each sediment basin must have the capacity to treat b flows to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed and maintained to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation. Sediment basins must be dewatered within 5 days after c each rainfall event. Sediment basins and associated structures such as d inlets, outlets and spillways must be designed and constructed to be structurally sound for a 10 year ARI rainfall event under normal circumstances. A high-flow bypass system must be included (if e necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events. Accumulated sediment from basins and other controls f must be removed within two months and disposed of appropriately without causing water contamination.


Inspections and reporting 57 All erosion and sediment control measures must be a inspected in accordance with Section 7 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) on a weekly basis and following runoff events until the rehabilitation works of the site is completed to the satisfaction of the Chief Executive Officer of Council. All drainage control structures such as diversion banks, b diversion channels and temporary culvert protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event. Where inspection indicates a non-conformance, a Non-c Conformance Report must be generated. This report must include but not limited to the following:

Details of the nature and cause of non-i



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conformance; and Details of the required corrective actions. ii

Corrective actions must be carried out within 24 hours where practicable or as agreed with the Construction Superintendent. A monthly summary of Erosion and Sediment Control d (ESC) performances must be compiled and retained at the site office and made available to Council’s inspectors upon request. This report must include but not limited to the following:

Filled in ESC inspection checklist of Best Practice i Erosion & Sediment Control, Section 7, Site Inspection Checklist (IECA Australasia, November 2008); Description of any incidents of non-conformance ii and corrective actions; Results of corrective actions; and iii Revisions to the Erosion and Sediment Control iv Plan (ESCP).


Electricity supply to MCU developments 58 The applicant must submit to Council a copy of the ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground

low-voltage electricity supply is available to the a development site (i.e. sufficient for the ultimate use of the site). In supplying power to the site, no additional poles b and/or pole-mounted transformers are to be erected within the road reserve.


TELECOMMUNICATIONS

Telecommunications – MCU 59 The applicant must:

Provide underground telecommunications to the a subject building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. If new pit and pipe infrastructure is required to be b installed within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised c telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).



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Detailed landscape plan to be submitted for approval 60 The applicant must submit to Council for approval a a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the planning b scheme’s Landscape Work Specific Development Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect or i similar landscape design professional; Be in general accordance with the Statement of ii Landscape Intent, being Sheets L001 to L012, Issue A, Statement of Landscape Intent, August 2015, Prepared by Burchills Engineering Solutions; Reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval; and Comply with Planning Scheme Policy 13 – iv Landscape Strategy Part 2 – Landscape Works Documentation Manual.

The required landscaping plan must also demonstrate 61 the following:

Tree species must be native evergreen canopy shade a trees; Palm species must be a minimum 3 metres in height at b the time of planting; Shrub species in the road reserve and carparking areas c must be a minimum 140mm pot size at the time of planting; Stage 1 must also include street tree planting and the d Entry Statement works from Maudsland Road to the proposed Stage 1 boundary; There must be a detailed drawing of the Entry e Statement: A minimum of two (2) trees must be a minimum bag size of 200ltr at the time of planting; Streetscape planting: Trees must be a minimum bag f size of 45ltr at the time of planting; Trees marked on plan to be retained must be identified g and shown on plan. All other significant vegetation not affected by construction must be retained, protected and identified on plan; Car Parking areas: All trees must be a minimum bag h size of 45ltr at the time of planting; Central Facilities Precinct: Trees must be a minimum i bag size of 45ltr at the time of planting, A minimum of



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two (2) trees must be a minimum bag size of 100ltr at the time of planting. A minimum of two (2) trees must be a minimum bag size of 200ltr at the time of planting; Identified Buffer Planting, Restoration Planting and j Lake Edge Batter Planting, must be provided on site in the locations shown on the referenced Statement of Landscape Intent. Must provide in detail, planting matrix’s and densities for all buffer planting; Species selection across the site must be generally in k accordance with the Planting Palette identified in the referenced Statement of Landscape Intent; Applicant is required to submit horticultural soil analysis l reports for landscape areas due to the contamination of previous mining activities. The report must include any amelioration techniques required to achieve healthy horticultural soils as per Australian Standard for Soils for Landscaping and garden use; The detailed landscape plan must show locations of, m and detailed design drawings of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The detailed landscape plan must also incorporate an appropriate list of species in the plant schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in Council’s Water Sensitive Urban Design Guidelines; and Bio Retention basin must incorporate BANKSIA robur n planted in clumps of three at 1.5 metre spacings.


Construction management plan 62 Part A Construction Management Requirements

The construction management plan must be submitted a in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website. The construction management plan must address all b activities associated with construction (excluding noise and dust issues), including but not limited to:

Vehicle access (including responsibility for i maintenance of the defined cartage route) during hours of construction; Traffic management (including loading and ii unloading); Parking of vehicles (including on site employees iii and delivery vehicles);

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

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


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

The construction management plan must demonstrate c that:

the general public will be adequately protected i from construction activities; the building site will be kept clean and tidy to ii maintain public safety and amenity; and demand for occupation of the street and iii protection of Council assets will be well managed.

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

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

Where it is proposed to interfere with a road for any e building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. Where it is required to interfere with a road for any f building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. Where it is required to occupy any portion of the road g reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

Noise management 63 Noise from construction activities must not cause an a ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. When requested by Council, monitoring must be b undertaken to investigate any complaint of



207 Adopted Report


environmental nuisance caused by noise. The monitoring must be carried out: c

by a suitably qualified acoustic engineer; i at the potentially affected sensitive receptor/s; ii by applying the procedure set out in chapter 5, iii part 3 of the Environmental Protection Regulation 2008; and within 5 business days of receipt of the request iv from Council.

The data and monitoring results must be provided to d Council within 3 business days of completion of the monitoring. If the acoustic quality objectives stated in schedule 1, e column 3 of the Environmental Protection (Noise) Policy 2008 have been exceeded at a sensitive receptor stated in column 1 at a time of day stated in column 2, a noise management plan must be submitted to Council for approval within 10 business days of completion of the monitoring. The noise management plan must: f

be prepared by a suitably qualified acoustic i engineer; provide details of noise sources; ii identify the measures and work practices that will iii be implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for iv monitoring of noise emissions; provide details of complaint response procedures v that will be adopted; identify the procedures to be adopted for revision vi and review of the noise management plan.

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

Dust management 64 The release of dust and particulate matter from a construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. When requested by Council, monitoring must be b



208 Adopted Report


undertaken to investigate any complaint of environmental nuisance caused by dust or particulate matter. The monitoring must be carried out: c

by a suitably qualified professional; i at the potentially affected sensitive receptor/s; ii by applying the procedure set out in chapter 5, iii part 3 of the Environmental Protection Regulation 2008; and within 5 business days of receipt of the request iv from Council.

The data and monitoring results must be provided to d Council within 3 business days of completion of the monitoring. If the air quality objectives stated in schedule 1, column e 3 of the Environmental Protection (Air) Policy 2008 have been exceeded at a sensitive receptor, a dust management plan must be submitted to Council for approval within 10 business days of completion of the monitoring. The dust management plan must: f

be prepared by a suitably qualified professional; i provide details of sources of dust and particulate ii emissions; identify the measures and work practices that will iii be implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for iv monitoring and reporting of air emissions; provide details of complaint response procedures v that will be adopted; and identify the procedures to be adopted for revision vi and review of the dust management plan.

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

Transport of soil/fill/excavated material 65 During the transportation of soil and other fill/excavated material:

All trucks hauling soil, or fill/excavated material must a have their loads secure and covered; Any spillage that falls from the trucks or their wheels b must be collected and removed from the site and



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streets along which the trucks travel, on a daily basis; and Prior to vehicles exiting the site, measures must be c taken to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads.

Haulage access / site management 66 Prior to the commencement of works, the applicant a must provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer. Loading/unloading operations must be conducted b entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site. All reasonable methods are to be used to reduce c nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector. The site must be maintained in a clean and tidy state at d all times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials. Non-recyclable debris must be transported from the site e and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council. The applicant must ensure that gravel access areas to f the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways. Any damage to property (including pavement damage) g is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.



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B Conditions contained within the Decision Notice


C Properly made submissions


D Referral agencies


Referral agency Address Jurisdiction Concurrence Agency – Department of Infrastructure, Local Government and Planning

PO Box 3290 Australia Fair SOUTHPORT QLD 4215

Concurrence agency – State controlled road matters

E Rights of appeal


F Applicant responsibilities


entitlements etc by whatever name called required by law before the


211 Adopted Report


development the subject of this approval can be lawfully commenced and to carry out the activity for its duration;






G Indigenous cultural heritage legislation and duty of care requirement


H Greenhouse gas emissions

As part of Council’s commitment to reducing greenhouse gas emissions Council is encouraging the expansion of the natural gas reticulation network. In particular, the use of natural gas hot water systems will result in significantly less greenhouse gas emissions than equivalent electric storage hot water systems. The applicant should contact the local natural gas reticulator (APA Group) to arrange an assessment of the suitability of the proposed development for connection to the


212 Adopted Report


existing gas reticulation network. Please contact Ramon O’Keefe on 0438708798 or email: ramon.o’[email protected].

I Infrastructure charges


J Obligation to ensure electrical safety


Author: Authorised by: Dale Schroeder Dyan Currie Senior Planner Director Planning and Environment January 2015


213 Adopted Report



ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - LOT 2 ON RP55123 , LOT 2 ON WD6110 , LOT 11 ON SP258752 - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 Changed Recommendation COMMITTEE RECOMMENDATION CP16.0210.003 moved Cr Owen-Jones seconded Cr Gates That Council resolves as follows:


Address of property 34 Maudsland Road and Killarney Court, Oxenford Area of property 88.13Ha Decision type Development Permit Further development permits Building Works, Vehicle Crossover, Operational

Works Further compliance permits Sewerage Works

Water Supply Plumbing Works Compliance assessment required for documents or works

Covenant Management Plan

NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for Outdoor Sport and Recreation (Wakeboard and Cable Ski facility and ancillary shop, café and bar), subject to the following conditions:

APPROVED DRAWINGS

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

Plan No. Rev. Title Date Prepared by BE140213 -SK101

D Wakeboard Park Overall Layout Plan

6 October 2015


BE140213 -SK102

C Wakeboard Park Roadworks Layout Plan and Typical Sections

13 July 2015 Burchills Engineering Solutions

BE140213 -SK104

C Wakeboard Park Operations Facility General Arrangement

6 October 2015


BE140213 –SK105

C Wakeboard Park Operations Facility and Lake Edge Typical Sections

6 October 2015


BE140213 –SK108

B Wakeboard Park Overflow Carpark I

6 October 2015



214 Adopted Report

ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - LOT 2 ON RP55123 , LOT 2 ON WD6110 , LOT 11 ON SP258752 - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1

showing the following amendments: The approved development plans must clearly indicate the area to be i placed under environmental covenant in accordance with Figure 6.1 Restoration Plan Drawing E101 Version A prepared by Burchills Engineering Solutions dated 12 October 2015. Show the locations of mechanisms essential to facilitate the workings of the ii approved use. Amended Staging plan to illustrate the delivery of the environmental iii covenant (referred to above) as part of Stage 1 Amended site plan illustrating the provision of sufficient area for the storage iv and servicing on an additional bin for organic waste management.

The amended plans/drawings are to be submitted to Council for approval by the b Chief Executive Officer prior to:

Issue of a development permit for the carrying out of building work. i c The amended plans/drawings, when approved by the Chief Executive Officer, will

be the approved plans/drawings forming part of this approval and a stamped copy will be returned to the applicant. The development must be carried out in general accordance with the approved plans/drawings.

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


Notice of works timetable 3 The applicant must give Council written notice of the following:

Application number; a Site address; b Name and telephone number (work and after hours) of c the project manager and the site owner; Works intended to be carried out; d The proposed timetable associated with the works, e including expected commencement, duration and completion date.




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WORKS - COMPLIANCE

Certification of compliance 4 All works must be certified by a suitably qualified professional as complying with the approved plans. For this condition, a ‘suitably qualified professional’ is a person with tertiary qualification and professional affiliation in the field of engineering or science relevant to the works and/or management plan and who has at least two years' experience in management in that field. Where the works and/or management plans involve different fields, a certification is required from a suitability qualified professional for each separate field.

Timing The applicant must submit the certification prior to the commencement of the use.

ADVERTISING DEVICES

Advertising device approval required 5 No advertising device is to be erected on the premises without the necessary development permit for operational work (advertising device) and/or approval under Council’s Local Law No. 16 (Licensing) and Subordinate Local Law 16.8 (Advertisement). The applicant should contact Council’s Health, Regulatory & Lifeguard Services Branch on (07) 5581 5092 to discuss approval requirements.


INTENSITY OF THE USE

6 Maximum patron and staff numbers Unless otherwise approved by Council, no more than 50 patrons and five (5) staff may be present on the site at any one time. Note: The Chief Executive Officer may consider a written request to permit the operation of special events on an intermittent basis. Council approval of a special event is subject to the assessment and approval of reports detailing the management of such events. Reports to be lodged in support of a request include (although not limited to): a Traffic impact and management plan b Water supply and human waste management plan; c Waste management plan; and d Acoustic report. Requests for consideration of a special event are to be made to Council’s City Development Branch a minimum of 30 business days prior to the proposed special event occurring.


Use of the Café, Shop and Bar 7 The use of the café, shop and bar shall remain of an ancillary scale and operation to the Wakeboard/Cable Ski facility and is not to operate independently.



216 Adopted Report



Off street car parking facilities 8 Off-street car parking facilities must be designed, a constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.1 (latest version). Off-street facilities for car parking must only be used for b vehicle parking. A minimum of 57 off-street car parking spaces must be c provided With the exception of overflow car parking area, off-d street car parking facilities must be drained, sealed and line marked.


Freely accessible staff and visitor car parking 9 All car parking must be accessible, not subject to a regulations or restrictions, to staff for the time the use or premises is open for business and to bona fide visitors for the duration of any visit to the site. Car parking for staff and visitors must have no b gateways, doors or similar devices, including fobs or swipe cards that restrict access to those parking spaces during business hours. Staff and visitor parking must be clearly identifiable c through the provision of appropriate signage and line marking. Signage and line marking must be designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council.


Loading and unloading 10 Loading and unloading of a vehicle servicing a a development must be conducted wholly within the site. A vehicle or vehicles waiting to be loaded or unloaded b must stand entirely within the site. All vehicles must enter and exit the site in a forward c gear.


Off-street commercial vehicle facilities 11 Off-street commercial vehicle facilities must be a designed, constructed and maintained to the satisfaction of the Chief Executive Officer, at no cost to Council, in accordance with AS2890.2-2002 (latest version). Off-street commercial vehicle facilities must only be b used for loading and unloading. Off-street commercial vehicle facilities must be drained c and line marked.



217 Adopted Report


Internal access road – improvement works 12 Improvement works to the internal access road, in addition to construction of new segments of internal access road, must be undertaken by the applicant, at no cost to Council, in accordance with Burchills’ drawing number SK102(B) – ‘Wakeboard Park Roadworks Layout Plan And Typical Sections’ dated 13/07/2015.


Internal access road – lighting 13 The applicant must install appropriate lighting at the locations identified on amended Burchills’ drawing number SK108(A) - ‘Wakeboard Park Roadworks Lighting General Configuration Plan’ - dated 14/07/2015.


LAKE WATER QUALITY MANAGEMENT

Amendment of and compliance with Lake Water Quality 14 Management Plan

The submitted lake water quality management plan, a being Lake Water Quality Management Plan, BE140213-RP-LWM-0, dated 23 April 2015, prepared by Burchills Engineering Solutions is approved, subject to the following amendments relating to the monitoring and management of the lake water quality:

The applicant/operator is required to submit to i Council for review, the lake water quality analysis undertaken as part of the monitoring actions on the following basis: A Monthly during the construction phase; and B Three (3) monthly once the use has

commenced. Additional lake water quality monitoring and ii analysis is to occur after a single rain event in excess of 25mm per day during both the construction phase and once operational;

All maintenance and monitoring must be implemented b and carried out in accordance with the approved lake water quality management plan. The maintenance and monitoring of the lake water c quality is the responsibility of the applicant/operator of the Wakeboard/Cable Ski facility.

Timing At all times and as indicated within the condition

Temporary closure of the Wakeboard/Cable Ski facility 15 The applicant/operator is to close the Wakeboard/Cable Ski facility temporarily in the event that water quality levels are not suited for primary (human) contact. The facility shall remain closed until such time the lake water quality meet the prescribed standards. Such shall occur at no cost to Council and to the satisfaction of the Chief Executive Officer.

Timing At all times


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COVENANT AREA – PROHIBITED ACTIVITIES, MANAGEMENT AND COVENANT

Covenant Area Dedication 16 The area nominated on Figure 6.1 Restoration Plan Drawing E101 Version A prepared by Burchills Engineering Solutions dated 12 October 2015 is for the purpose of preserving native plants and animals and must be nominated within an environmental covenant:

The proposal may incorporate any mechanism essential to a facilitate the workings of the proposed use. An access track immediately adjacent to the southern b bank is to be excluded from the covenant area. Appropriate delineations deterring public access c incorporating fauna friendly fencing.


Covenant Area – prohibited activities 17 The area is to be described as ‘covenant area’ on the approved plan nominated with conditions above entitled Amended Plans, (‘Covenant Area’) is for the purpose of preserving native plants and animals. Within the Covenant Area, the following activities must not be undertaken:

Clearing, lopping or removal of any native plants, whether a existing at the date of this approval or planted pursuant to conditions of this approval; Erection of any fixtures or improvements, including b buildings or structures; Construction of any trails or paths; c Depositing of any fill, soil, rock, rubbish, ashes, garbage, d waste or other material foreign to the protected area; Keeping or permitting the entry of domestic animals or any e other animals that are not indigenous to the Covenant Area; and Performance of any other acts which may have f detrimental impact on the values of the Covenant Area.


Amended Covenant Area management plan to be submitted 18 for approval

The submitted covenant management plan being a Covenant Management Plan Wakeboard Park Maudsland Road Oxenford Document No. BE140213-RP-COV-00 dated 14 October 2015 prepared by Burchills Engineering Solutions must be amended as follows:

Show any mechanism essential to facilitate the i workings of the approved use i.e. cable devices, located within the covenant area. Designate required access for maintenance of the ii essential mechanism as above.

The final planting density to be achieved within for the b



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environmental covenant is to be one plant per square metre. The Species palette is to emulate the naturally occurring c Regional Ecosystem onsite RE 12.3.11. Planting ratios to be generally 70%Canopy/Sub canopy: d 20%, Shrub: 10%Groundcover to ensure initial establishment of a canopy layer. Noting that a greater density of groundcovers may be required along the toe of the bank and/or in areas subject to bank erosion. The schedule of restoration works is to detail a 12 month e establishment period. The establishment period is to be followed by a 12 month f maintenance period. An annual report is to be submitted to Council, prepared g by a suitably qualified person, detailing the monitoring and maintenance of the environmental covenant area.

Compliance assessment of the amended covenant 19 management plan The covenant management plan is a document requiring compliance assessment under the Sustainable Planning Act 2009. A request for compliance assessment must be made in accordance with the Sustainable Planning Act 2009 for a compliance certificate approving the document, in accordance with the following:

Matters or things against which the document must be assessed

The planning scheme’s: • Conservation Domain Place Code; • Natural Wetland Areas and Natural

Waterways Code; and • Nature Conservation Constraint Code; and • Appendix 1 (Guideline for the preparation of

a Rehabilitation Plan) of Council’s Open Space Management Guidelines: Guideline for the preparation of Reports and Plans associated with the dedication of Public Open Space (November 2007: Version 1).

• South East Queensland Ecological Restoration Framework http://www.goldcoast.qld.gov.au/south-east-queensland-ecological-restoration-framework-27595.html

Compliance assessor

Gold Coast City Council

When the request for compliance assessment must be made

Before the earlier of: • A development application for operational

work including change to ground level, works for infrastructure, vegetation clearing/tree works or landscape work); or

• Any works commencing on-site for Stage 1.



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The covenant management plan is not an approved plan until a compliance certificate has been issued in respect of it. Compliance certificate with future operational work 20 development applications A copy of the compliance certificate for the covenant management plan must be provided with any future operational work development applications. Ongoing compliance with the approved covenant 21 management plan The management measures and monitoring required by the approved covenant management plans and any conditions imposed on the compliance certificate must be complied with for the life of the development and the use of the premises. Amendment of the covenant management plan 22 The covenant management plan may be amended with the written agreement of Council but only if the amendment:

Is consistent with the purpose of the covenant (being the a statutory covenant required to be registered pursuant to the conditions of this approval); Does not alter the covenant area; and b Does not add or remove a party to the covenant. c

Covenant Area/s – statutory covenants to be registered 23 At the same time as the lodgement of the subdivision plans, or if no subdivision plans are required, prior to the commencement of the use, an instrument of covenant must be registered on the title/s of the lot/s which contain/s the Covenant Area/s. The following requirements must be complied with in the preparation and lodgement of the instruments of covenant:

The applicant is responsible for the preparation of the a instruments of covenant and any necessary subdivision plans to enable registration of the covenants and for lodgement of each covenant for registration. The instrument must be in a form capable of registration b pursuant to section 97A (3) (b) of the Land Title Act 1994. The Covenant Areas must be shown and identified as a c ‘Covenant Area’ on the face of the subdivision plan in addition to any covenant descriptor (eg. Covenant ‘A’). Council’s standard covenant (Dealing number 711772071) d must be used and the applicant must provide a draft of the covenant to Council for written approval. The parties to the covenant are to be the registered owner e of the lot (as covenantor) and the Council (as covenantee). The instrument must include a purpose statement that f articulates:

That the covenantor acknowledges that the i



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Covenant Area contains native plants and habitat for native animals that should be preserved; That the covenant is aimed at directly preserving ii those features; and That to ensure the Covenant Area/s and their values iii are preserved, it is critical that activities within the Covenant Areas are limited and managed to ensure native plants, native animals, their habitat, & associated values are preserved.

The instrument must expressly set out, in full, as g obligations of the covenantor each of the individual requirements set out in Condition titled Covenant Area – prohibited activities and Condition titled Amended Covenant Management Plan to be submitted. If the instrument is requisitioned or refused registration by h the Registrar of Titles, the applicant shall amend the document to include a covenant/s which, as nearly as practicable, addresses the objective sought to be achieved by this condition. A draft of the amended document is to be provided to Council for written approval. The applicant must provide Council with evidence of the i registration of the covenant within 30 days of the registration of the subdivision plan that shows the Covenant Areas.

Covenant Area - rehabilitation 24 The applicant must undertake and complete all rehabilitation works within the Covenant Area in accordance with the approved Amended Covenant Management Plan.


Pre-start’ inspection required 25 Prior to the commencement of approved rehabilitation works on site, the applicant must arrange and attend an on-site ‘Pre-start’ meeting with Council officers and experienced Bushland Regenerator. The applicant must contact officer Sharon Dyer (ph: (07) 5582 8238) to schedule the meeting.


26 Completion of rehabilitation works All rehabilitation works, including maintenance periods must be completed prior the commencement of use of Stage 1 of the development. The applicant may enter into a Performance Bond agreement with Council to allow for the commencement of the use, while rehabilitation works and maintenance periods are occurring.

Timing Prior to the commencement of the use

LAKE AND RIVER BANKS STABILISATION

Lake and Coomera River banks stabilisation 27

Any works relating reshaping of banks, environmental a

Timing (a), (b) & (c) In conjunction with


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protection or restoration along the edges / banks of the lake and / or Coomera River must ensure appropriate (geotechnical) stabilisation of the banks to prevent any potential erosion or failure; The lake / river banks stabilisation / restoration measure b must be resistant to any morphological process during a range of flood events. Any / restoration works along the lake / river banks must ensure; A technical report with analyses addressing the above c requirements must be submitted to Council with future operational works application for lake / river banks restoration works. The report must be prepared by a suitably qualified professional (RPEQ or equivalent); Following the above works, full rehabilitation and d landscaping must be undertaken in accordance with the conditions of this approval (and / or related approval).

future OPW application. If no OPW application is required, prior to commencement of works.

(d) Prior to the commencement of the use and as directed.

Maintenance of edges / banks of lake and Coomera River 28 Regular (ongoing) monitoring and necessary maintenance of the edges / banks of lake and Coomera River must be undertaken by the legal entity of the development, at no cost to Council. Detailed inspections must be carried out following flood events to ensure the stability of the banks and integrity of any associated structures.

Timing At all times

SCOPE OF APPROVED VEGETATION CLEARING


The approved MCU / ROL layout plan. a A plan clearly identifying which vegetation is proposed to b be removed and which vegetation is proposed to be retained. Fauna management documentation: c

A letter from an DEHP approved spotter-catcher i together with any necessary fauna management plan or OPWS endorsed fauna translocation management plan. Compliance Assessment certificate for the ii Threatened Species Management Plan endorsed.



223 Adopted Report


A vegetation management plan. d A sediment and erosion control and construction e management plan.




WATERWAY MANAGEMENT

Erosion and sediment control for works near waterways 30 All works undertaken immediately adjacent the Coomera a River must:

be undertaken during dry weather, where possible; i be promptly rehabilitated conforming to the natural ii channel form, substrates and riparian vegetation as far as possible; and must not utilise loose mulch unless stabilised with iii alternative methods.


WASTE

Waste management plan 31 The development must be designed and constructed in accordance with the approved Waste Management Plan (WMP) prepared by Burchill Engineering Solutions (Reference No. BE140213-RP-WMP-00). Any proposed changes to the approved WMP must be submitted to, and approved by Council prior to the implementation of any proposed structural changes.


ACOUSTICS

Acoustic report 32 The development must be designed, constructed and a operated in accordance with the recommendations outlined in the acoustic report prepared by CRG Acoustics dated 4 August 2015 (Reference No. BE140213-RP-WMP-00).

Timing a)At all times

b) Prior to the issue


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Any alteration to the design or construction of the b development that prevents the recommendations of the approved acoustic report being implemented will require an amended acoustic report to be submitted and approved by Council.

of a development permit for building works.

Amplified noise 33 No amplified noise, installation of external speakers or sirens is permitted to occur from the operation of the Wakeboard/Cable Ski facility.


AMENITY

34 Hours of operation All activities associated with the operation of the use are to be conducted only between the hours: a Monday to Saturday - 7am to 6pm. b Sunday – 8.30am to 6pm


Location of equipment and ventilation/refrigeration units 35 All service equipment, mechanical ventilation and refrigeration units associated with the use of the premises must be installed, located and screened to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.


Screening of storage 36 The storage of any machinery, materials or vehicles must be screened so as not to be visible from any road to which the site has frontage, to the satisfaction of the Chief Executive Officer.


No nuisance from lighting 37 All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause:

glare or other nuisance to surrounding residents and a motorists; a navigation hazard on any nearby or adjacent waterway. b


Fencing to the existing Concreate batching plant 38 The applicant is required to install a 1.8 metre high fence around the perimeter of the existing Concreate batching plant to prohibit unauthorised public access to this area.

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

HEALTH AND REGULATORY SERVICES

Food operations 39 Any food operations on the premises must comply with the Food Act 2006, Food Regulation 2006 and the Australia New Zealand Food Standards Code. The operator must apply for the

Timing Prior to commencement of the use of the


225 Adopted Report


necessary Food Licence for Fixed or Mobile Food Premises from Council’s Health, Regulatory & Lifeguard Services Branch.

premises.

Trade waste approval required 40 A trade waste approval must be obtained from Gold Coast Water. All discharges must be in accordance with Council’s sewer reticulation system admission limit. Further information may be obtained from Gold Coast Water on 1300 366 692.

Timing Prior to the discharge from the premises of any trade waste to Council’s sewer reticulation system.

PLUMBING AND DRAINAGE

Application for compliance permit for sewerage works 41 required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all sewerage a works within the property; comply with Council’s: b

Trade Waste Policy; and i Trade Waste Pre-treatment Policy and Guidelines); ii and

comply with Council’s Waste Management Policy Relating c to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.

Information note: • Sewerage works must not be carried out until a compliance

permit under the Plumbing and Drainage Act 2002 has been issued by Council for the works.

• Plumbing and drainage approval is not an approval to discharge trade waste to Council’s sewerage system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s sewerage system (available on Council’s website) prior to discharging any trade waste.


A report from a registered City of Gold Coast soil evaluator 42 equal to Burchills Engineering Solutions report dated April 2015 to be submitted In conjunction with the hydraulic design for the sewerage works within the property, the applicant must submit to Council (Plumbing and Drainage Services) a report from a registered soil evaluator demonstrating that the proposed on-site sewerage treatment facility and effluent land application complies with



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AS/NZS 1547 – On-site domestic sewerage management. Information note: The operation of the on-site sewerage facility must comply with Council’s Local Law No. 15.0 (On-Site Sewerage Facility) and subordinate Local Law 15.1 which, among other things impose obligations on the owner of premises on which an on-site sewerage is operated in relation to: • arranging servicing of the facility by a service contractor; • periodic inspections, monitoring and maintenance; and • inspections which may be carried out from time to time by

Council’s authorised persons. Application for compliance permit for water supply 43 plumbing work required The applicant must make an application to Council (Plumbing and Drainage Services) for a compliance permit for any compliance assessable water supply plumbing work within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

be accompanied by a hydraulic design for all water a services within the property; and comply with Section 7 of Council’s Land Development b Guidelines.



HYDRAULICS

No loss of floodplain storage 44 The proposed development shall result in no loss of floodplain storage up to the 100 year ARI regional flood event.



No increase in peak flow rates downstream from the site; a No increase in flood levels external to the site; and b No increase in duration of inundation external to the site c that could cause loss or damage.





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Certification of earthworks compliance with hydraulic 47 report The applicant must submit to Council a certification from a Registered Professional Engineer Queensland (RPEQ) specialising in hydraulics stating that the bulk earthworks comply with the approved hydraulic report, being “Wakeboard Park Maudsland Road, Oxenford – Hydraulic Impact Assessment” prepared by Coote Burchills Engineering Pty Ltd dated November 2015 and no loss of flood plain storage has occurred as a result of the earthworks. The certification must be accompanied by calculations and as constructed data that:

Includes existing and proposed triangulated surface a meshes which can be produced by computer terrain modelling software packages such as Civil-Cad, 12D or KEAYS; and Has been compared with the pre-development surface b levels to ensure that no loss of floodplain storage has occurred.

Timing The certification must be submitted to Council immediately after completion of the bulk earthworks.

Certification of hydrologic/hydraulic calculations 48 The hydraulic report and engineering plans must be accompanied by certification from a Registered Professional Engineer Queensland (RPEQ) specialising in hydraulics stating that the proposed works will not result in an increase of peak flow rates and peak flood levels. The certification must be: a In accordance with the standard pro-forma at Attachment

B of Council’s Hydraulic Report Requirements – November 1999; and

b Submitted to Council for approval.

Timing Certification must be submitted with the development applications for operational work (change to ground level) and operational work (works for infrastructure).

Flood emergency management plan to be endorsed by a 49 natural hazard / risk management specialist

The Flood Evacuation Emergency Management Plan a (Coote Burchills, July 2015) must be peer reviewed and endorsed by a suitably qualified natural hazard / risk management specialist, to confirm that the management measures in the plan is appropriate for the proposed activities to address the extreme flood hazard of the site and the access / egress route. Evidence of the endorsement, in association with the peer b review recommendations and amended flood emergency management plan, must be submitted to Council.

Timing Prior to the commencement of the work on site.

Building floor levels 50 Building floor levels of non-habitable rooms must be at or above the designated flood level.


Flood hazard signage 51 The applicant must install flood markers and warning signs within the proposed development site informing

Timing The flood markers and warning signs


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occupants/visitors of the potential flood hazard. The flood markers and warning signs must be clearly visible to the occupants/visitors when entering the flood affected areas of the site.

must be installed prior to the commencement of the use of the premises.


Stormwater management plan to be complied with 52 The applicant must submit certification from a Registered Professional Engineer Queensland (RPEQ) specialised in stormwater management confirming that all works have been carried out and completed in accordance with the approved stormwater management plan, being “Wakeboard Park Maudsland Road, Oxenford – Conceptual Stormwater Management Plan” prepared by Coote Burchills Engineering Pty Ltd dated August 2015. Information note: This condition is imposed in accordance with section 665 of the Sustainable Planning Act 2009 (i.e. non-trunk infrastructure).

Timing The certification must be submitted, prior to the commencement of the use of the premises.

SQIDs maintenance management plan 53 Prior to the commencement of the use of the premises, a the applicant must prepare a SQID Maintenance Management Plan (MMP) from a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater in accordance with Council's Water Sensitive Urban Design Guidelines (Section 13 of Land Development Guidelines). The MMP should be a concise document suitable for use b by field staff in carrying out day-to-day maintenance activities. The MMP must include, but not necessarily be limited to, the following key information:

Design intent and description of the device(s) i The location and specific dimensions of the ii device(s) Approved / designed water quality objectives iii Water quality monitoring procedures iv Monitoring frequency v Specifications and procedures for device(s) vi maintenance Plant and equipment access details for maintenance vii activities Maintenance activity schedule defining frequency, viii area (m2) per maintenance zone, hours, staff, plant and equipment, approximate costs per rotation, and per annum Performance indicators / intervention levels / triggers ix for reactive maintenance



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Any necessary preventative maintenance measures x Acceptable solutions for specific items, i.e. xi acceptable plant species substitutions based on availability, hydraulic conductivity, water quality objectives, etc Approximate lifecycle maintenance costs. xii

All ongoing maintenance and monitoring of stormwater c treatment devices (e.g. bio-retention) must be undertaken in accordance with the MMP and managed by the legal entity of the development (e.g. Body Corporate), at no cost to Council to the satisfaction of the Chief Executive Officer. The proposed stormwater treatment devices must be d functional during the life of the development. Should the devices do not function properly as per designed due to various reasons (e.g. natural calamity), the applicant must re-install/replace the devices in accordance with the approved stormwater management plan.

Stormwater headwalls, outlets and associated flow paths 54 and channels

All stormwater headwalls/outlets and associated flow a paths and channels must be:

Treated in a manner appropriate to their proposed i landscaped surrounds; and Constructed in accordance with Planning Scheme ii Policy 11 – Land Development Guidelines, Standard Specifications and Drawings to avoid erosion and batter deterioration. For example, the channel from a stormwater outlet discharging into an area of revegetation must be constructed as a natural channel using site rock/stone and planted/ revegetated as appropriate.

The aprons in front of stormwater headwalls must be b constructed to ensure no under-scouring can occur. The areas of cut surrounding the headwalls must be c sufficiently stabilised to the satisfaction of the Chief Executive Officer to ensure that no erosion or destabilisation occurs. All naturalised channels conveying or directing any d stormwater from the catchment within which the site is located must connect with other existing stormwater infrastructure.



Erosion and sediment control 55 Erosion, sediment and dust control measures must be a designed, implemented and maintained in accordance

Timing During operational / construction works (works for


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with the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Sediment control structures (eg. sediment fence) must be b placed at the base of all materials imported on-site to mitigate any sediment runoff. A perimeter bund and/or diversion drain must be c constructed around the disturbed area to prevent any outside clean stormwater from mixing with polluted/contaminated stormwater. To minimise unvegetated areas: d

Construction activities must be staged; i Filled areas must be turfed or seeded immediately ii on completion; and No area should remain exposed (unvegetated) for iii more than 2 weeks unless construction work is being undertaken on that area.



Immediately after backfilling behind all kerbing: f A turf strip 1 metre wide must be placed behind all i kerbing; and A turf strip must be placed at 90 degrees to the kerb ii every 10 metres to prevent scouring along the turf edge,

in accordance with Figure 2.5 (Application of Grassed Filter Strips down a slope) of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). All polluted/contaminated water from the site, including g dewatering discharge, must be treated to achieve the water quality objectives in Table 8.2.1 of the Queensland Water Quality Guidelines (DERM, September 2009) prior to discharging from the site. The following inspection program must be carried out h before the site is fully rehabilitated:

Regular inspections to ensure that adequate erosion i control measures are in place and in good condition both during and after construction; and Inspections after each storm event to assess the ii adequacy of the erosion control measures. The applicant must make good any damage or non-

infrastructure and/or change to ground level).


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


Construction of sediment basin 56 The sediment basin for the construction phase of the a development must be designed in accordance with Appendix B of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008). Each sediment basin must have the capacity to treat flows b to current best practice standards and as a minimum must be designed to contain all the stormwater runoff from the 85th percentile 5 day rainfall depth and in addition be designed and maintained to store 2 months sediment from the receiving catchment, as determined using the Revised Universal Soil Loss Equation. Sediment basins must be dewatered within 5 days after c each rainfall event. Sediment basins and associated structures such as inlets, d outlets and spillways must be designed and constructed to be structurally sound for a 10 year ARI rainfall event under normal circumstances. A high-flow bypass system must be included (if e necessary) to prevent any potential re-suspension of accumulated sediment from the basin during major storm events. Accumulated sediment from basins and other controls f must be removed within two months and disposed of appropriately without causing water contamination.


Inspections and reporting 57 All erosion and sediment control measures must be a inspected in accordance with Section 7 of the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008) on a weekly basis and following runoff events until the rehabilitation works of the site is completed to the satisfaction of the Chief Executive Officer of Council. All drainage control structures such as diversion banks, b



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diversion channels and temporary culvert protections must be inspected daily to ensure they have not been damaged by machinery and are serviceable in readiness for the next rainfall event. Where inspection indicates a non-conformance, a Non-c Conformance Report must be generated. This report must include but not limited to the following:

Details of the nature and cause of non-conformance; i and Details of the required corrective actions. ii

Corrective actions must be carried out within 24 hours where practicable or as agreed with the Construction Superintendent. A monthly summary of Erosion and Sediment Control d (ESC) performances must be compiled and retained at the site office and made available to Council’s inspectors upon request. This report must include but not limited to the following:

Filled in ESC inspection checklist of Best Practice i Erosion & Sediment Control, Section 7, Site Inspection Checklist (IECA Australasia, November 2008); Description of any incidents of non-conformance ii and corrective actions; Results of corrective actions; and iii Revisions to the Erosion and Sediment Control Plan iv (ESCP).


Electricity supply to MCU developments 58 The applicant must submit to Council a copy of the ‘Certificate of Supply’ from an authorised electricity supplier (e.g. ENERGEX) as evidence that underground

low-voltage electricity supply is available to the a development site (i.e. sufficient for the ultimate use of the site). In supplying power to the site, no additional poles and/or b pole-mounted transformers are to be erected within the road reserve.


TELECOMMUNICATIONS

Telecommunications – MCU 59 The applicant must:

Provide underground telecommunications to the subject a building/s, lead-in conduits and equipment space/s in a suitable location within the building/s, to suit the carrier of choice. If new pit and pipe infrastructure is required to be installed b



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within the road reserve fronting the site, it must be suitably sized to cater for future installation of fibre optic cables. Provide certification to Council, from the authorised c telecommunications carrier/contractor, that the works and infrastructure required above have been undertaken and installed in accordance with telecommunications industry standards (eg. Telstra standards).


Detailed landscape plan to be submitted for approval 60 The applicant must submit to Council for approval a a detailed landscape plan, by making a development application for operational work (landscape work). Without limiting the requirements of the planning scheme’s b Landscape Work Specific Development Code, the detailed landscape plan must:

Be prepared by a qualified landscape architect or i similar landscape design professional; Be in general accordance with the Statement of ii Landscape Intent, being Sheets L001 to L012, Issue A, Statement of Landscape Intent, August 2015, Prepared by Burchills Engineering Solutions; Reflect the approved layout (including any iii amendments to that layout required by these conditions) and the conditions of this approval; and Comply with Planning Scheme Policy 13 – iv Landscape Strategy Part 2 – Landscape Works Documentation Manual.

The required landscaping plan must also demonstrate the 61 following:

Tree species must be native evergreen canopy shade a trees; Palm species must be a minimum 3 metres in height at b the time of planting; Shrub species in the road reserve and carparking areas c must be a minimum 140mm pot size at the time of planting; Stage 1 must also include street tree planting and the d Entry Statement works from Maudsland Road to the proposed Stage 1 boundary; There must be a detailed drawing of the Entry Statement: e A minimum of two (2) trees must be a minimum bag size of 200ltr at the time of planting; Streetscape planting: Trees must be a minimum bag size f of 45ltr at the time of planting; Trees marked on plan to be retained must be identified g and shown on plan. All other significant vegetation not



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affected by construction must be retained, protected and identified on plan; Car Parking areas: All trees must be a minimum bag size h of 45ltr at the time of planting; Central Facilities Precinct: Trees must be a minimum bag i size of 45ltr at the time of planting, A minimum of two (2) trees must be a minimum bag size of 100ltr at the time of planting. A minimum of two (2) trees must be a minimum bag size of 200ltr at the time of planting; Identified Buffer Planting, Restoration Planting and Lake j Edge Batter Planting, must be provided on site in the locations shown on the referenced Statement of Landscape Intent. Must provide in detail, planting matrix’s and densities for all buffer planting; Species selection across the site must be generally in k accordance with the Planting Palette identified in the referenced Statement of Landscape Intent; Applicant is required to submit horticultural soil analysis l reports for landscape areas due to the contamination of previous mining activities. The report must include any amelioration techniques required to achieve healthy horticultural soils as per Australian Standard for Soils for Landscaping and garden use; The detailed landscape plan must show locations of, and m detailed design drawings of the bio-retention systems that are required by the Stormwater Management Plan prepared for the site. The detailed landscape plan must also incorporate an appropriate list of species in the plant schedule which are suitable for a bio-retention area. Planting densities within the bio-retention area must match those specified in Council’s Water Sensitive Urban Design Guidelines; and Bio Retention basin must incorporate BANKSIA robur n planted in clumps of three at 1.5 metre spacings.


Construction management plan 62 Part A Construction Management Requirements

The construction management plan must be submitted in a accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website. The construction management plan must address all b activities associated with construction (excluding noise and dust issues), including but not limited to:

Vehicle access (including responsibility for i maintenance of the defined cartage route) during

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

The approved construction


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hours of construction; Traffic management (including loading and ii unloading); Parking of vehicles (including on site employees and iii delivery vehicles); Maintenance of safe pedestrian movement across iv the site’s frontage/s (including by people with disabilities); Building waste / refuse disposal; v Presentation of hoarding to the street; vi Tree management. vii

The construction management plan must demonstrate c that:

the general public will be adequately protected fromi construction activities; the building site will be kept clean and tidy to ii maintain public safety and amenity; and demand for occupation of the street and protection iii of Council assets will be well managed.

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

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

Where it is proposed to interfere with a road for any e building or construction work such as a gantry, hoarding or skip bin, an application for temporary closure of a Council controlled road must be submitted to, and approved by, Council prior to the issue of any development permit for the carrying out of building work. Such application is to be lodged in conjunction with an application for approval of a construction management plan. Where it is required to interfere with a road for any f building or construction related work for a period in excess of two (2) weeks, a Road Closure Work Zone permit is to be obtained from Council’s Traffic Management and Operations Branch. Where it is required to occupy any portion of the road g reserve in conjunction with building or construction work, a permit to occupy is to be obtained from Council’s Property Section.

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

Noise management 63 Noise from construction activities must not cause an a ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any



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sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. When requested by Council, monitoring must be b undertaken to investigate any complaint of environmental nuisance caused by noise. The monitoring must be carried out: c

by a suitably qualified acoustic engineer; i at the potentially affected sensitive receptor/s; ii by applying the procedure set out in chapter 5, part iii 3 of the Environmental Protection Regulation 2008; and within 5 business days of receipt of the request from iv Council.

The data and monitoring results must be provided to d Council within 3 business days of completion of the monitoring. If the acoustic quality objectives stated in schedule 1, e column 3 of the Environmental Protection (Noise) Policy 2008 have been exceeded at a sensitive receptor stated in column 1 at a time of day stated in column 2, a noise management plan must be submitted to Council for approval within 10 business days of completion of the monitoring. The noise management plan must: f

be prepared by a suitably qualified acoustic i engineer; provide details of noise sources; ii identify the measures and work practices that will be iii implemented to ensure that noise from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for monitoring iv of noise emissions; provide details of complaint response procedures v that will be adopted; identify the procedures to be adopted for revision vi and review of the noise management plan.

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

Dust management 64 The release of dust and particulate matter from a construction activities must not cause an ‘environmental nuisance’ (within the meaning of that term set out in the



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Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008. When requested by Council, monitoring must be b undertaken to investigate any complaint of environmental nuisance caused by dust or particulate matter. The monitoring must be carried out: c

by a suitably qualified professional; i at the potentially affected sensitive receptor/s; ii by applying the procedure set out in chapter 5, part iii 3 of the Environmental Protection Regulation 2008; and within 5 business days of receipt of the request from iv Council.

The data and monitoring results must be provided to d Council within 3 business days of completion of the monitoring. If the air quality objectives stated in schedule 1, column 3 e of the Environmental Protection (Air) Policy 2008 have been exceeded at a sensitive receptor, a dust management plan must be submitted to Council for approval within 10 business days of completion of the monitoring. The dust management plan must: f

be prepared by a suitably qualified professional; i provide details of sources of dust and particulate ii emissions; identify the measures and work practices that will be iii implemented to ensure that the release of dust and particulate matter from construction activities does not cause an ‘environmental nuisance’ (within the meaning of that term set out in the Environmental Protection Act 1994) at any sensitive receptor stated in schedule 1 of the Environmental Protection (Noise) Policy 2008; identify the procedures to be adopted for monitoring iv and reporting of air emissions; provide details of complaint response procedures v that will be adopted; and identify the procedures to be adopted for revision vi and review of the dust management plan.

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

Transport of soil/fill/excavated material 65 During the transportation of soil and other fill/excavated material:

All trucks hauling soil, or fill/excavated material must have a



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their loads secure and covered; Any spillage that falls from the trucks or their wheels must b be collected and removed from the site and streets along which the trucks travel, on a daily basis; and Prior to vehicles exiting the site, measures must be taken c to remove soil from the wheels of the vehicles to prevent soil and mud being deposited on public roads.

Haulage access / site management 66 Prior to the commencement of works, the applicant must a provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer. Loading/unloading operations must be conducted entirely b within the site and vehicles waiting to be loaded/unloaded must also stand within the site. All reasonable methods are to be used to reduce nuisance c from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector. The site must be maintained in a clean and tidy state at all d times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials. Non-recyclable debris must be transported from the site e and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council. The applicant must ensure that gravel access areas to the f site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways. Any damage to property (including pavement damage) is g to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.



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ITEM 3 (Continued) MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR OUTDOOR SPORT AND RECREATION (WAKEBOARD AND CABLE SKI FACILITY) - LOT 2 ON RP55123 , LOT 2 ON WD6110 , LOT 11 ON SP258752 - 34 MAUDSLAND ROAD AND KILLARNEY COURT, OXENFORD – DIVISION 2 PN163518/01/DA1 67 Flood debris management

Following a weather event resulting in flooding of the site and lake, the applicant is required to complete a search of these areas and remove any visible and submerged debris to ensure the safe operation of the Wakeboard/Cable Ski facility. The applicant is required to undertake the flood debris management of the site and lake prior to resuming the Wakeboard/Cable Ski operations following a flood event.

Timing At all times


B Conditions contained within the Decision Notice


C Properly made submissions


D Referral agencies


Referral agency Address Jurisdiction Concurrence Agency – Department of Infrastructure, Local Government and Planning

PO Box 3290 Australia Fair SOUTHPORT QLD 4215

Concurrence agency – State controlled road matters

E Rights of appeal


F Applicant responsibilities

The applicant is responsible for securing all necessary approvals and tenure, providing


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







G Indigenous cultural heritage legislation and duty of care requirement



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H Greenhouse gas emissions


I Infrastructure charges


J Obligation to ensure electrical safety


CARRIED


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GCCC Maps

0 142 284 m

ProjectionMGA94, Zone 56

Disclaimer: Gold Coast City Council, Queensland 2014 or The State of Queensland 2014. No Warranty given in relation to the data (including accuracy, reliability, completeness or suitability)and no liability accepted (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not beused for direct marketing or be used in breach of the privacy laws.

ATTACHMENT 3.1


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WAKEBOARD PARK

MAUDSLAND ROADOXENFORD

STATEMENT OF

LANDSCAPE INTENTBE140213 A

J FRANKLIN

03.08.15

03.08.15

B VOGEL

B VOGEL

A ORIGINAL ISSUE

C KELLY

PRECINCT PLAN

40 0 401:4000 @ A3

80 120 160 200 m

LEGEND

VEHICULAR CIRCULATION

SITE ENTRY

PEDESTRIAN LINK

DEVELOPMENT BOUNDARY

CENTRAL FACILITIES PRECINCT

RESTORATIONPRECINCT

EXISTING CONCRETE BATCHING PLANT(NOT PART OF THIS APPLICATION)

L005

NORTH


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03679

Typewritten Text

ATTACHMENT 3.3. (page 1 of 3)

WAKEBOARD PARK


STATEMENT OF


J FRANKLIN

03.08.15

03.08.15

B VOGEL

B VOGEL

A ORIGINAL ISSUE

C KELLY

LANDSCAPECONCEPT

MASTERPLAN

40 0 401:4000 @ A3

80 120 160 200 m

L006

CAR PARKINGSITE BOUNDARY

INSET: LANDSCAPE CONCEPT MASTERPLAN KEY AREA PLAN (FOLLOWING PAGE)

BUFFER PLANTING

RESTORATION PLANTINGTREES TO BE RETAINEDENTRY STATEMENT LOCATIONEXISTING WEIR

EXISTING CONCRETE BATCHING PLANTVEHICULAR ACCESS TO LAKEMAUDSLAND ROADTAMBORINE-OXENFORD ROADHAUL ROADCOOMERA RIVER ANABRANCH

LAKE EDGE BATTER PLANTINGLAKE

OVERFLOW CARPARKING

EXISTING EXTRACTION PIT

REFUSE AREA

DROP OFF ZONE


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WAKEBOARD PARK


STATEMENT OF


J FRANKLIN

03.08.15

03.08.15

B VOGEL

B VOGEL

A ORIGINAL ISSUE

C KELLY

LANDSCAPECONCEPT

MASTERPLANKEY AREA PLAN

10 0 101:1000@ A3

20 30 40 50 m

L007

NORTH

CAR PARKINGSITE BOUNDARY

BUFFER PLANTING

RESTORATION PLANTING

TREES TO BE RETAINEDENTRY STATEMENT LOCATIONEXISTING WEIR

EXISTING CONCRETE BATCHING PLANTVEHICULAR ACCESS TO LAKE

MAUDSLAND ROAD

TAMBORINE-OXENFORD ROADHAUL ROAD

COOMERA RIVER ANABRANCH

LAKE EDGE BATTER PLANTING

OVERFLOW CARPARKINGLAKE

SWALE LOCATION

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DROP OFF ZONE


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FLOATING WALKWAY

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of the city planning committee meeting · city planning committee meeting 10 february 2016 2...

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