of the council meeting - city of gold coast adopted minutes council meeting monday, 22 august 2011...

612

Adopted Minutes

Council Meeting

Monday, 22 August 2011

12.00 pm

Gold Coast City Council Chambers 135 Bundall Road Surfers Paradise

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Our positioning statement Working for our future - today

ur city vision ar beaches, hinterland ranges, forests and waterways, the

ity which celebrates nature and connects distinct goal of sustainability, choice and wellbeing for all.

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ODefined by our spectaculGold Coast is an outstanding communities with the commonc

Our mission Leading the way towards a bold future that can sustain growth and economic devwhile retaining a lifestyle that is uniquely “Gold Coast”

612th Council Meeting 2 22 August 2011 Adopted Minutes

INDEX

Adopted Minutes (612)

Council Meeting

22 August 2011

ITEM SUBJECT

1 ATTENDANCE / LEAVE OF ABSENCE

2 CONDOLENCES

3 MAYORAL MINUTE

4 CONFIRMATION OF MINUTES

4.1 The Six Hundred and Eleventh Ordinary Meeting of the Council of the City of Gold Coast, held Monday 15 August at 1.00 pm.

5 MAYOR’S REPORT

6 CLARIFICATION – MEMBERS

7 BUSINESS ARISING FROM MINUTES

8 PRESENTATIONS

9 RECEPTION AND CONSIDERATION OF COMMITTEE REPORTS

9.1 City Planning 16 August 2011

9.2 Economic Development & Tourism 16 August 2011

9.3 Corporate Governance & Administration 17 August 2011

9.4 Finance 17 August 2011

10 CONSIDERATION OF NOTICES OF MOTION

11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE

12 PRESENTATION OF PETITIONS

13 GENERAL BUSINESS

13.1 6 Portobello Drive Mermaid Waters

13.2 Procurement Policy And Guidelines Amendments (As Previously Distributed On 8 June 2011)

13.3 Chief Executive Officer’s Review – KPO Performance Assessment 2010-11

13.4 Allocation Of Funds From Division 1 2011-12 Local Area Works Program Concerts & Functions Allocation For Rubbish Bins At The Touched By Cancer Event To Be Held On 24 & 25 September 2011


ITEM SUBJECT

13.5 Allocation Of Funds From Division 10 2011-12 Local Area Works For The Stabilisation Of Mermaid Beach Bowls Club's Roof Due To Its Structural Instability.

14 RESCHEDULING OF CAPITAL PROJECTS BETWEEN FINANCIAL YEARS

15 SPECIAL BUDGET COMMITTEE

612th Council Meeting 4 22 August 2011 Adopted Minutes Minutes of the Six Hundred and Twelfth Ordinary Meeting of the Council of the City of Gold Coast held at the Gold Coast City Council Chambers, 135 Bundall Road, Surfers Paradise, on Monday 22 August 2011, at 12.00 pm. National Anthem The Mayor, Cr R W Clarke, welcomed Pastor Garry Mac of the Metro Church, to open the meeting in prayer. 1 ATTENDANCE Cr R W Clarke Mayor Cr D Gates (Left the meeting at 3.51pm) Cr J Wayne Cr G Pforr Cr M Grummitt Cr P J Young Cr D M Crichlow Cr S K Douglas (Left the meeting at 3.11pm) Cr R La Castra Cr E L Shepherd (Left the meeting at 3.51pm) Cr E Sarroff Cr J E Grew (Left the meeting at 3.25pm) Cr G Betts Cr D I McDonald Cr C Robbins Mr D Dickson Chief Executive Officer Mr D Montgomery Acting Director City Governance Mr D Scott Director Economic Development & Major Projects Mr Peter Morichovitis Acting Director Organisational Services Mrs C McCool Director Community Services Mr M Hulse Manager Implementation & Assessment 1.1 APOLOGIES/LEAVE OF ABSENCE Nil 1.2 ADOPTION BY COUNCIL 22 AUGUST 2011 RESOLUTION G11.0829.002 Moved Cr Shepherd Seconded Cr Douglas That the Minutes of the Six Hundred and Twelfth Ordinary Meeting of the Council of the City of Gold Coast held on Monday, 22 August 2011 at 1.00 pm be confirmed, with the following changes. – Attendance Cr Grummitt left the meeting at 3.25pm

CARRIED Note - Cr Sarroff indicated that the conflict of interest notation in Item 6 City Planning Committee Report did not reflect his recollection and he would discuss this with the Chief Executive Officer.

612th Council Meeting 5 22 August 2011 Adopted Minutes 2 CONDOLENCES Cr McDonald To The Fisher Family On the passing of Alexis Dorothy (Lexie) RESOLUTION G11.0822.001 Moved Cr McDonald Seconded Cr Robbins That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr McDonald To The Mosley Family On the passing of Betty Estelle Mosley RESOLUTION G11.0822.002 Moved Cr McDonald Seconded Cr Robbins That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Crichlow To The McBarron family On the passing of Wayne McBarron RESOLUTION G11.0822.003 Moved Cr Crichlow Seconded Cr Young That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED Cr Crichlow To The Carmody family On the passing of Gerard Carmody RESOLUTION G11.0822.004 Moved Cr Crichlow Seconded Cr Young That a motion of condolence be passed and that a message of sympathy be forwarded.

CARRIED

612th Council Meeting 6 22 August 2011 Adopted Minutes 3 MAYORAL MINUTE Nil 4 CONFIRMATION OF MINUTES RESOLUTION G11.0822.005 Moved Cr Grew Seconded Cr Shepherd That the Minutes of the Six Hundred and Eleventh Ordinary Meeting of the Council of the City of Gold Coast held on Monday 15 August 2011 at 1.00 pm be confirmed.

CARRIED 5 MAYOR’S REPORT 1. UNEMPLOYMENT STATISTICS

Herewith the latest statistics published by the ABS. Of note, is the increase of 3,300 in the employment figures to 303,500: 2,500 of this increase was in full-time employment with the other 800 in part-time work.

There has been only one other month since these statistics were produced in which there has been higher numbers in full-time employment, and when the part-time figures are added there has never been more people employed in the City than right now.

Unemployment has been steadily decreasing over the past three months and is now at its lowest since last February but, of course, these figures remain higher than the national and State average and need further attention by Council wherever possible.

2. POLICE HELICOPTER

It was unfortunate Cr Sarroff decided to beat his publicity drum to denigrate the bold and well appreciated Resolution this Council made to trial a police surveillance helicopter to assist in the more accurate focus and deployment of police in the City.

I believe the resolution demonstrated Councils concerns over the spike in the armed robberies within the city that took place last April/May, and the perception our residents had expressed as to their personal security and safety.

Certainly the Commissioner and the Police Minister have expressed their gratitude to Council on the resolution and have been working closely with me and our procurement department to produce a set of specifications that could reconcile their policies and regulations with Council’s need for “value for money”.

612th Council Meeting 7 22 August 2011 Adopted Minutes 5 MAYOR’S REPORT (CONTINUED)

The main contention has been the fact that all the police regulations were based on rescue operations rather then surveillance, and some initial confusion between the two despite Council’s resolution specifically naming the former (as the rescue operations are already provided by helicopters operated by SLSQ and Westpac as well as being much more expensive to lease – well beyond Council’s budget).

This provided a delay in the documentation but this was sorted by all parties before Cr Sarroff interfered. The safety factor, particularly about the R44, was inappropriately publicised (even though tenderers were provided the opportunity to offer alternate aircraft provided they met or bettered the R44’s standards).

Incidentally the R44 is actually the safest helicopter in use with fewer accidents world-wide than any other model especially given the frequency of its use by “amateur pilots” because of its lower costs. Please note military use is not included in the figures I have appended from the web-site of the two major providers of these statistics (NTSB and Griffin helicopters).

Councillors will note that, because the advertising of the tenders is only one of the steps in the process, I did not delay this at the behest of Cr Sarroff and some of the other Councillors. Frankly, to delay it further would, I believe, have sent the wrong message to the public that Council was dithering about their previous decision, a perception that has been constantly promoted by the media due to the open nature of our discussions and our committee / Council system that has often been misinterpreted as making one decision one week and changing it the next. No Councillor specifically asked me about the issue hence my decision to abide by the original resolution.

After all, the most appropriate time for any further discussions would be after September 13th when the Tenders close and more definite information is available about the choices and performances of the helicopters, the police recommendations and the costs that would be involved including the amount of air-time and stand-by time. As well any commercial interest as to appropriate sponsorship could be received in association with police and State Government restrictions.

I have to say I found Cr Sarroff’s on-air comments very annoying implying that organisations such as Westpac should not be allowed to use these helicopters as “flying billboards”. These commercial organisations do a great job in sponsoring these much needed and used essential services so essential to a region such as Queensland with our topography and weather patterns and it is completely embarrassing for this Council that one of its elected representatives should make such a statement.

If Councillors wish to go into further detail about this issue, then I suggest we do so in closed session due to the commercial confidentiality of the tender documentation.

612th Council Meeting 8 22 August 2011 Adopted Minutes 5 MAYOR’S REPORT (CONTINUED) 3 ALLCONNEX

I have received three items of correspondence from the CEO of Allconnex which I believe is quite alarming especially in the context of our current negotiations with the State Government.

The first concerns the application by some of our residents for extended payment terms for their water bills. The detailed documentation form presented to them is more pertinent to a loan application for a million dollar mortgage than to a resident for a thousand dollars or less, of debt repayment. I believe this Council should instruct Allconnex, as the majority shareholder, that all Gold Coast residents be given terms that fit their circumstances without the invasion of privacy information the corporation is currently demanding.

The second is the advice they will NOT cooperate with the discounting of any large development infrastructure charges in accordance with Council to encourage these investments so necessary to the Gold Coast economy.

This resolution needs to be pursued.

The third is that neither will they supply their detailed budget estimates for the coming year (2011-12) nor their detailed accounts for 2010-11 without going through the formal process of applying to the Chair, John Dempsey, and waiting for the next Board meeting for Board approval.

612th Council Meeting 17 22 August 2011 Adopted Minutes 6 CLARIFICATION - MEMBERS Cr Robbins I refer to an article in the GC Bulletin on 13/8/11 titled "Crime Central: Coomera and Currumbin on top" and a Channel 9 report of 9/8/11 on the same topic. The Channel 9 report indicated that "maps released on the goldcoast.com.au/crimebusters page have identified Coomera and Coolangatta as Queensland's most dangerous suburbs." This is incorrect. The reference to Coolangatta on the crimebusters site is a reference to the police district of Coolangatta, not the suburb of Coolangatta. As well, the gold coast crimebusters site does not identify all the suburbs in Queensland and therefore does not purport to identify the "most dangerous suburb in Queensland". It is only reporting on Gold Coast suburbs. As well, the crimebusters site merely identifies the location of the most incidents within each Gold Coast police district from the last 50 incidents within that district. It does not concentrate on "dangerous" incidents. The statistics relate to property crime, not dangerous crime such as armed robbery or murder. The crimes it reports are not necessarily dangerous crimes. I am advised that the statistics will be updated periodically, approximately weekly. It is incorrect and extremely damaging to the reputation of any of the Gold Coast's suburbs to be branded the "most dangerous suburb in Queensland" or "crime central" without any qualification when based only upon a percentage of the last 50 reported property crime incidents in an entire police district over approximately one week.

612th Council Meeting 18 22 August 2011 Adopted Minutes 7 BUSINESS ARISING FROM MINUTES Nil 8 PRESENTATIONS Cr Sarroff advised that he had a Plaque of Appreciation from the Korean Minister of Veteran Affairs on Saturday 20 August 2011 at the dedication ceremony of the Australian Korean Memorial Wall, to be presented to Mr Ross Greenwood for his efforts and dedication in bringing together this great landmark. The Mayor presented Mr Ross Greenwood with the Plaque of Appreciation.

612th Council Meeting 19 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS 9.1 CITY PLANNING Cr Shepherd, Chairperson of the City Planning Committee, presented the Report of the City Planning Committee held on Tuesday, 16 August 2011. RESOLUTION G11.0822.006 Moved Cr Shepherd Seconded Cr Wayne That the Report of the City Planning Committee Meeting held on Tuesday, 16 August 2011, covered by Recommendations numbered CP11.0816.001 to CP11.0816.008 be received with changes to read as follows. ITEM 6 Page 42 Cr Betts is an honorary patron of the South Coast Branch Page 42 Cr Douglas is an honorary patron of the South Coast Branch Page 43 Cr Young is an honorary patron of the South Coast Branch Page 43 Cr Shepherd is an honorary patron of the South Coast Branch Page 44 Cr Sarroff is an honorary patron of the South Coast Branch

CARRIED

Cr Shepherd requested Council to determine whether he had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that he is an honorary patron of the South Coast Branch. PROCEDURAL MOTION Moved Cr Grew Seconded Cr Gates That Cr Shepherd does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Shepherd did not vote.

Cr La Castra requested Council to determine whether he had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that that he is an honorary patron of the South Coast Branch.

PROCEDURAL MOTION Moved Cr Grew Seconded Cr Gates That Cr La Castra does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr La Castra did not vote.

Cr Douglas requested Council to determine whether she had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that she is an honorary patron of the South Coast Branch.

612th Council Meeting 20 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (CONTINUED) 9.1 CITY PLANNING (CONTINUED)

ITEM 6 DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (IMPACT

ASSESSMENT) FOR EXTENSIONS TO AN EXISTING SURF LIFE SAVING CLUB AND KIOSK- LOT 2 ON CP857831 & LOT 1 ON SP134184 OLD BURLEIGH ROAD BROADBEACH - DIVISION 10

PN98183/01/DA1 (CONTINUED) PROCEDURAL MOTION Moved Cr Grew Seconded Cr Gates That Cr Douglas does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Douglas did not vote.

Cr Crichlow requested Council to determine whether she had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that she is an honorary patron of the South Coast Branch.

PROCEDURAL MOTION Moved Cr Grew Seconded Cr Shepherd That Cr Crichlow does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Crichlow did not vote.

Cr Young requested Council to determine whether he had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that he is an honorary patron of the South Coast Branch.

PROCEDURAL MOTION Moved Cr Grew Seconded Cr Gates That Cr Young does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Young did not vote.




PN98183/01/DA1 (CONTINUED)

Cr Grummitt requested Council to determine whether she had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that she is an honorary patron of the South Coast Branch.

PROCEDURAL MOTION Moved Cr Grew Seconded Cr Gates That Cr Grummitt does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Grummitt did not vote.

Cr Pforr requested Council to determine whether he had a conflict of interest or could reasonably be taken to have a conflict of interest for the reasons that he is a member of the Surf Lifesaving Association, a member of a neighbouring club and an honorary patron of the South Coast Branch. PROCEDURAL MOTION Moved Cr Grew Seconded Cr La Castra That Cr Pforr does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Pforr did not vote.

Cr Gates requested Council to determine whether she had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that she may be an honorary patron of the South Coast Branch.

PROCEDURAL MOTION Moved Cr Grew Seconded Cr Wayne That Cr Gates does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Gates did not vote.





Cr La Castra requested Council to determine whether he had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that he is social member of the Kurrawa Surf Life Saving Club.

PROCEDURAL MOTION Moved Cr Young Seconded Cr McDonald That Cr La Castra does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr La Castra did not vote.

Cr Grummitt requested Council to determine whether she had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that social member of Southport Surf Life Saving Club and also on the Chaplaincy Board for Surf Life Saving Australia.

PROCEDURAL MOTION Moved Cr McDonald Seconded Cr Grew That Cr Grummitt does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Grummitt did not vote.

Cr Sarroff requested Council to determine whether he had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that he is an honorary patron of the Surf Life Saving Association, could possibly be a member of one of the surf clubs and in the past he was invited to be an honorary vice president, by correspondence, from the Surf Clubs in his Division, and such invitations have not been forthcoming for the past five years.




PN98183/01/DA1 (CONTINUED) PROCEDURAL MOTION Moved Cr La Castra Seconded Cr Grummitt That Cr Sarroff does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter. A division was called. For 12 Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young, Cr Crichlow, Cr Douglas,

Cr La Castra, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke

Against 2 Cr Shepherd, Cr Gates Abstained 0 Did not vote 1 Cr Sarroff Absent 0

CARRIED

Cr Sarroff requested Council to determine whether he had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that the consultant dealing with the Kurrawa Surf Life Club has previously undertaken work for his family.

PROCEDURAL MOTION Moved Cr Shepherd Seconded Cr Pforr That Cr Sarroff does have a conflict of interest in the matter and should leave the room and not participate in discussion and voting on the matter. A division was called. For 11 Cr Gates, Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young, Cr Crichlow,

Cr La Castra, Cr Shepherd, Cr Grew, Cr McDonald, Cr Clarke

Against 3 Cr Douglas, Cr Robbins, Cr Betts Abstained 0 Did not vote 1 Cr Sarroff Absent 0

CARRIED Cr Sarroff left the room.





Cr Betts requested Council to determine whether he had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that he is an honorary patron of the South Coast Branch.

PROCEDURAL MOTION Moved Cr Grew Seconded Cr Gates That Cr Betts does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Betts did not vote.

Cr McDonald requested Council to determine whether she had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that previously she has been honorary patron of the South Coast Branch and also President of the South Coast Branch.

PROCEDURAL MOTION Moved Cr Grew Seconded Cr Douglas That Cr McDonald does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr McDonald did not vote.

Cr Robbins declared she had a conflict of interest, or could reasonably be taken to have a conflict of interest in the matter for the reason that her husband and family members conduct a business in the park in an area which may be impacted by the development and would be leaving the room and not taking part in discussion or voting on the matter.

Cr Robbins left the room.

RESOLUTION G11.0822.007 Moved Cr Shepherd Seconded Cr Young

That Committee Recommendation GP11.0816.006 be not adopted, but in lieu thereof reads as follows:





NATURE OF DECISION

A Council approves the issue of a development permit for material change of use for extensions to an existing Surf Life Saving Club and Kiosk, subject to the following conditions:

APPROVED PLANS/DRAWINGS

1 Amended plans/drawings to be submitted

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

Plan No. Rev. Title Date Prepared by

10050 - DD00.02 E Site Plan 19/05/2011 KP Architects

10050 – DD10.01 G Ground Floor Plan 19/05/2011 KP Architects

10050 – DD10.02 D Basement Floor Plan 11/05/2011 KP Architects

10050 – DD10.03 D Upper Floor Plan 11/05/2011 KP Architects

10050 – DD11.01 B Roof Plan 19/05/2011 KP Architects

10050 – DD20.01 E Exterior Elevations 19/05/2011 KP Architects

10050 – DD30.01 C Site Section 11/05/2011 KP Architects

10050 – DD90.03 B Details 11/05/2011 KP Architects

10050 – DD90.04 A Perspective 11/05/2011 KP Architects



10050 – DD90.07 B Perspective 11/05/2011 KP Architects

showing the following amendments:

i Separate hand wash facilities for males to be located on the outer wall of the male toilets.

ii The wall/screen between the hand wash facilities for both male and female toilet facilities be made 50% permeable or, if solid, not exceed 1.2m in height.

iii The public facilities shall include:





A. six (6) toilets and two (2) change room cubicles in the female area;

B. four (4) toilets and three (3) change room cubicles in the male area;

C. one (1) unisex PWD toilet cubicle with a baby change facility;

D. three (3) external showers located adjacent to the outer wall of the public facilities;

E. two (2) taps for feet washing located adjacent to the outer wall of the public facilities;

F. one (1) water fountain located adjacent to the outer wall of the public facilities; and

G. six (6) hand wash basins located adjacent to the outer wall of the public facilities.

iv Provide a series of glazed frameless 'box' protrusions from the first level of the western façade that serve as coloured translucent windows. The colours should compliment the proposed building materials and may concentrate on red and yellow hues to reflect the well known colours of the beach flags associated with surf life saving. The window 'box' protrusions should be incorporated within the second storey areas as follows;

A Toilet airlocks, 1 each;

B Offices, 1 each;

C Kitchen, above bench liner 'box';

D Gaming lounge.

The window 'box' protrusions should vary in size, including depth, and create a unique and playful composition. The protrusion from the façade should not exceed 600mm. The window 'box' projections should be illuminated of an evening.

v Demonstrate through vehicle swept paths how service vehicle/s will gain access and load/unload adjacent to the loading/service area on the north western corner of the building. This may require modifications to the existing traffic island, tree and hydrant stand in front of this area.

vi The applicant must demonstrate the location of a service loading/unloading bay on-site, adjacent to the north-west corner of the development and in close proximity to the consolidated service area, designed in accordance with Australian/New Zealand Standards AS/NZS 2890.1:2002 – Parking Facilities – Part 2: Off-Street Commercial Facilities. A vehicle swept path analysis must be submitted demonstrating that the largest design service vehicle and refuse collection vehicle can enter and exit the existing car park and service loading/unloading bay in a safe and efficient manner without compromising the function of existing car parking. Council is willing to accept a forward loading operation for the refuse collection vehicle (RCV).





As such, a vertical clearance of 6.3 metres must be provided for in accordance with Council’s Waste Management Relating to Refuse Requirements for Proposed and Existing Building Development within the City (dated January 1995; reviewed January 1997). It is likely that the existing tree within the car park and fire hydrant (hydrant stand) will need to be removed and replaced elsewhere in consultation with the relevant local government departments and Allconnex.

b The amended plans/drawings are to be submitted to Council for approval by the Chief Executive Officer and in consultation with the Local Division Councillor prior to the earlier of:

i Issue of a development permit for the carrying out of building work.

ii Commencement of the use of the premises.

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

2 Decision notice and approved plans/drawings to be submitted with subsequent

application

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

3 Decision notice and approved plans/drawings to be retained on-site

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

4 Any deviations require further approval

Any proposed deviation from the approved plans/drawings as a result of on-site or in-situ conditions must not be made unless amended plans/drawings are submitted and approved by Council. The development must be carried out in accordance with the approved amended plans/drawings.





5 Notice of works timetable

After successful completion of any pre-start inspections required by conditions of this or other development approvals and at least 3 business days prior to the commencement of any works on-site, 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 Team Leader (fax: 07 5582 8080; phone: 07 5582 8184). 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 www.goldcoast.qld.gov.au/forms (Building & Development).

6 Land Lease

All leasing arrangements for the encroached area of the new extended building within Lot 1 on SP134184 are to be finalised with the City Property Branch of Council prior to the commencement of use.

7 Construction of Amenities and Security Control Point

The construction of the ‘Broadbeach Security Control Point, Male Public Restroom, two (2) PWD and Female Public Restrooms’ as shown on Plan 10050 – DD10.01, titled Ground Floor Plan must be undertaken by the applicant at no cost to Council and to the satisfaction of the Chief Executive Officer.

8 Use of the Gym and Physical Activity area

The applicant shall ensure that that the ‘Gymnasium, Sauna and Physio’ as shown on Plan 10050 – DD10.01, titled Ground Floor Plan is only available for use by active surf club members i.e. performs active duties (including patrolling members, water safety officers, club officers, gear officers, trainers, coaches, clubhouse directors, chaperones) and not open to the general public.





CAR PARKING AND ACCESS

9 Contribution in lieu of car parking spaces

a The applicant must make a monetary contribution to Council for one (1) car parking space that cannot be provided for within Council’s road reserve;

b The monetary contribution in lieu of car parking may increase as a result of the applicant’s submission in order to satisfy Condition 1 of Council’s Decision Notice;

c The contribution must be paid to Council prior to the earlier of the issue of a development permit for building work or the commencement of the use of the extension to the Kurruwa Surf Life Saving Club; and

d The contribution amount will be at the rates current (for the area in which the site is located) at the time of payment (refer to Council’s Regulatory Fees and Non-regulatory Charges).

10 Loading and unloading (including refuse collection vehicles)

a Loading and unloading operations must be conducted within the public car park contained within Council’s road reserve and Lot 1 on SP134184 adjacent to the Kurrawa Surf Life Saving Club.

b Vehicles waiting to be loaded and unloaded must stand entirely within Council’s road reserve and Lot 1 on SP134184 adjacent to the Kurrawa Surf Life Saving Club.

c Vehicles must enter from and exit to Old Burleigh Road in a forward gear.

11 Signs and line marking

A ‘Loading Zone’ sign must be installed in accordance with the Department of Transport and Main Roads Manual of Uniform Traffic Control Devices (MUTCD) at the front of the service loading/unloading bay where proposed. The service loading/unloading bay must be delineated with appropriate pavement markings (including an outline of the service loading/unloading bay). The design and construction must be to the satisfaction of the Chief Executive Officer and at no cost to Council and maintained, prior to the commencement of the extensions to the Kurrawa Surf Lifesaving Club.





12 Physical Barriers

The applicant will be required to install wheel stops and removable bollards to prevent encroachment into the pedestrian pathway running along the north-west front of the building in accordance with Australian/New Zealand Standards AS/NZS 2890.1:2004 – Parking Facilities – Part 1: Off-Street Car Parking. Council recognises that the installation of physical barriers must not impede the service vehicle loading/unloading operations. The wheel stops will provide a physical barrier for service vehicles reversing into the service loading bay. The wheel stops must be positioned 2.0 metres from the rear of the service loading bay. The wheel stops will not inhibit refuse collection vehicle access to the commercial waste bin/s. The removable bollards provide additional protection for pedestrian movements along the existing pedestrian footpath in front of the Kurrawa Surf Lifesaving Club. The installation of wheel stops and removable bollards must be installed prior to the commencement of the extensions to the Kurrawa Surf Lifesaving Club and maintained to the satisfaction of the Chief Executive Officer, at not cost to Council. The removable bollards are only allowed to be removed from there position during service vehicle loading/unloading operations or when waste is being collected.

CONSTRUCTION MANAGEMENT

13 Construction management plan

a 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.

b The construction management plan must be submitted in accordance with the Application for Construction Management Plan form and Guidelines for Construction Management Plans are available on Council’s website.

c The construction management plan must address all activities associated with construction (excluding noise and dust issues), including but not limited to:

i Vehicle access (including responsibility for maintenance of the defined cartage route) during hours of construction;

ii Traffic management (including loading and unloading);

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

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

v Building waste / refuse disposal;

vi Presentation of hoarding to the street;

vii Tree management.





d The construction management plan must demonstrate that:

i the general public will be adequately protected from construction activities;

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

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

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

14 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 ‘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.

15 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, 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 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.

16 Haulage access / site management

a Prior to the commencement of works, the applicant must provide a vehicle barrier along the frontages of the land, to ensure that all vehicles only use crossovers approved by the Chief Executive Officer.

b Loading/unloading operations must be conducted entirely within the site and vehicles waiting to be loaded/unloaded must also stand within the site.

c All reasonable methods are to be used to reduce nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations. Upon receipt of a dust nuisance complaint or notification of a dust nuisance by the Council, the applicant is to take reasonable and immediate action to remedy the dust problem to the satisfaction of the Contributed Assets Inspector.

d The site must be maintained in a clean and tidy state at all times. Satisfactory arrangements must be made for the collection, storage and disposal of all waste materials.

e Non-recyclable debris must be transported from the site and disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council.

f The applicant must ensure that gravel access areas to the site, transport dust covers and shake (hose) down areas are in place to control both on-site dust nuisance and contamination of external properties, roadways and receiving waterways.

g Any damage to property (including pavement damage) is to be rectified to the satisfaction of Council prior to the earlier of Council issuing a letter accepting the works on-maintenance or a request for compliance assessment of the subdivision plan. The surrounding carriageways are to be kept clean of any material carried onto the roadway by construction vehicles. Any work carried out by Council to remove material from the roadway will be at the applicant’s expense and any such cost are payable prior to the earlier of acceptance of the works on-maintenance or a request for compliance assessment of the subdivision plan.





17 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.

18 Water usage

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

a The use of the recycled water must be in accordance with the requirements of the Allconnex Water Recycled Water Management Plan (RWMP), which sets out the requirements for transport and use of recycled water;

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

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

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

Information note:

To obtain a copy of the management plan and also to obtain a list of approved water carrier operators, the applicant should contact Allconnex Water: Senior Officer Recycled Water ph. (07) 5582 8422 Allconnex Water ph. 1300 366 692.

Potable water is defined as water treated to drinking water standards (NHMRC guidelines 1996) and being available in Councils normal reticulated potable water supply system. Recycled water is defined as treated wastewater in class A+, A B or C in accordance with the Public Health Regulations (NO1) 2008.





19 Workplace health and safety

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

20 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.

AMENITY

21 Hours of operation

a All activities associated with the operation of the use are to be conducted only between the hours as follows:

Specific Use Proposed Hours of Operation

Kiosk 7am – 7pm

Restaurant 8am - 10pm

Bar & Gaming area 10am – 12:30am

Surf Life Saving (patrol & training) 5am – 9pm

b The Chief Executive Officer may consider a written request to vary the approved hours of operation for a special event with a minimum of 30 days notice.

22 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 and located to the satisfaction of the Chief Executive Officer so as not to cause nuisance or disturbance to persons outside the curtilage of the premises.

23 Restricted paint colours

Buildings and structures must not be painted in highly reflective, bright or obtrusive colours and must reflect the colours as indicated on the plans in Condition 1.





24 Refuse storage area

A screened refuse storage area must be located on-site and be connected to the internal plumbing and drainage system to the satisfaction of the Chief Executive Officer, prior to the commencement of the use and maintained for the life of the development.

25 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.

26 No nuisance from lighting

All lighting devices must be positioned on the premises and shielded to the satisfaction of the Chief Executive Officer so as not to cause:

a glare or other nuisance to surrounding residents and motorists;

b a navigation hazard on any nearby or adjacent waterway.

27 Detailed design of built elements to incorporate graffiti prevention principles

a Detailed design of built elements including fencing and buildings to incorporate principles that reduce opportunities for graffiti by restricting access to available surfaces, maximising casual surveillance, and/or facilitating easy repair.

Note: Graffiti prevention principles used may include, but are not limited to:

Walls and fences constructed using textured or permeable material, avoiding large flat surfaces;

Vegetation planted against solid surfaces (without creating concealment areas);

Vandal-resistant sensor lighting used to draw attention to movement at night;

Graffiti is removed as soon as possible to reduce its occurrence;

Anti-graffiti coatings are used to a minimum height of 3 metres;

Darker colours are used that require fewer coats of paint to cover graffiti.

The applicant is requested to visit www.goldcoastcity.com.au/preventgraffiti for further information.





28 Detailed design to promote casual surveillance and include clear sightlines

a The applicant must apply Crime Prevention Through Environmental Design (CPTED) principles in the detailed design to promote opportunities for casual surveillance and to include clear sightlines. This is to include, but is not limited to:

i Visibility through vegetation to be clear to a minimum height of 1.8 metres adjacent to pedestrian routes within the development;

ii Clear sightlines along pedestrian footpaths within the site including to/from the Kiosk and Surf Life Saving Club and car parking areas.

iii Safe and accessible paths of travel including clear directional signage to be maintained during the construction phase. Barriers to be placed in a way that does not create hidden corners or potential entrapment zones.

29 Surf Life Saving Patron Transport

Taxi and emergency service telephone numbers are to be predominantly displayed in the foyer/reception area of the premises and access to a house telephone or public telephone must be provided to patrons who wish to call a taxi or emergency services number.

30 Design and management features to be incorporated

a Clocks to be displayed in clearly visible locations to all patrons utilising the Gaming Room facilities, to account for the lack of natural light.

b The gaming room must be physically separated from remaining licensed areas by placement of walls, doors and/or partitions.

31 Security Management Plan

a Prior to the commencement of the use of the development, the applicant shall submit to Council a security management plan for written approval from Council. The security management plan should include, but not be limited to:

procedures for reducing the opportunity for aggressive, anti-social or criminal behaviours including: reducing aggression towards staff and patrons, graffiti vandalism, and robbery.

security measures including: security of staff and late night security

b Once approved, the Security Management Plan shall be complied with and must be retained on site at all times.

Note: Submission of a copy of the Risk-Assessed Management Plan (RAMP) that includes information addressing the above points would be sufficient to meet this condition.





32 Lighting design and installation to promote community safety

a Prior to the first use of the development, the applicant shall submit to Council a lighting plan for written approval from Council. The lighting plan must demonstrate, but not be limited to the following:

i Providing the location and type of existing lighting.

ii Determine areas where there is inadequate lighting and illustrate on plan where lighting is required to be installed. ie the lighting design and placement is to illuminate potential areas of concealment

iii Lighting is to render people, colours, vegetation and objects correctly. i.e. ‘white’ light.

iv Enable visibility of all external edges and routes providing access to the car parking area.

v Ensure that the placement of lighting and plants do not conflict with the provision of a safe pedestrian environment.

vi Provide a consistent level of light, to meet minimum requirements of Australian Standard AS1158

vii Ensure the lighting includes vandal resistant fixtures.

Note: To reduce opportunities for vandalism, it is recommended that lighting be mounted at least 3 metres above ground level and that bollard style lighting be avoided.

b Prior to the commencement of use of the development, the applicant must install lighting in accordance with the approved lighting plan, at no cost to Council.

HEALTH AND REGULATORY SERVICES

33 Food Premises

The operation shall comply with the Food Act 2006 and Council’s minimum requirements for food premises. The operator shall ensure all approvals are sought from the Health, Regulatory and Lifeguard Services Branch of Council prior to commencement of the use that is the subject of this approval.

WASTE

34 Waste Facilities

Waste and recycling facilities and services must be provided in accordance with the Environmental Protection (Waste Management) Regulation 2000.





35 Waste Provisions

Waste and recycling storage facilities must be provided in accordance with the following provisions: a adequate waste containers must be provided to contain the volume and type of

waste and recyclable matter generated by the development;

b waste storage area for waste containers must be constructed of a solid concrete base or acceptable equivalent; and

c waste storage area must be designed and constructed so it can be easily cleaned whilst ensuring that no waste or recyclable matter is released to the stormwater system or any waterway.

36 Delivery and Collection Hours

Delivery and collection activities shall be conducted between the hours of 7am and 6pm daily.

37 Trade Waste

A Trade Waste Permit is required for the discharge of trade waste to the sewer. The applicant shall ensure that all discharges are in accordance with Council's sewer admission limits. Further information may be obtained from Council’s Trade Waste Section on (07) 5581 6126.

ADVERTISING DEVICES

38 Advertising Devices

The majority of advertising devices require a licence under Local Law 16 (Licensing) 2008 and Subordinate Local Law 16.8 (Advertisement) 2008 and shall comply with the provisions of the Specific Development Advertising Device Code in Council’s Planning Scheme (Part 7, Division 2, Chapter 2). The applicant shall ensure that prior to the erection of any advertising devices, contact is made with Council's Health, Regulatory and Lifeguard Services Branch on (07) 5581 6993 to discuss requirements and necessary applications.





a Prior to the earlier of the commencement of the use or the erection of any signage, the applicant must submit to Council for approval a signage masterplan. The signage masterplan must:

i Show the location, size and type of all advertising devices;

ii Demonstrate that all advertising devices are visually consistent and integrated into the overall architecture and landscape amenity of the premises.

iii Show no signage on the Western Façade of the building with the exception of the Surf Clubs name.

b The submission of and approval of a signage masterplan pursuant to this condition does not remove the requirement for the applicant to secure any necessary development permits for operational work (advertising device) and/or approval under Council’s Local Law No. 16 (Licensing) and Subordinate Local Law 16.8 (Advertisement).

VEGETATION MANAGEMENT

39 Vegetation works OPW application required

Vegetation clearing application required. This approval does not approve vegetation clearing. A development application for operational work (vegetation clearing) must be made to and approved by Council for any works proposing clearing of 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 (i.e. decision notice or letter of approval)):

a The approved MCU / ROL layout plan.

b Plans clearly identifying which vegetation is proposed to be removed and retained.

c A final Arborist Report and Tree Management Plan by Arbor Australis Consulting.

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.

OPEN SPACE

40 Tree replacements

a The applicant will be required to provide replacement tree plantings for the seven (7) trees proposed to be removed as a result of the proposed extensions.

b The trees must be planted at a rate of 3 to 1 (totalling 21 new tree plantings) or as otherwise approved to the satisfaction of the Chief Executive Officer.

c The trees must be a minimum bag size of 45 litres.

d The trees must be installed within the parkland and surrounding the facility.

e The final plant rate and location of replacement tree plantings is to be determined through consultation with the Local Divisional Councillor and to the satisfaction of the Chief Executive Officer.

41 Landscaping surrounding the facility

a The applicant must ensure adequate landscaping is provided surrounding the facility to assist with improving the amenity of the proposed extension and intensification of the building.

b The proposed landscaping and tree replacement installation surrounding the facility must be included for assessment and approval on the detailed landscape plans for public open space.

c The detailed landscape plans for public open space are to show the installation of a minimum of four (4) trees with a minimum bag size of 100 litres, capable of achieving a height of 8 metres, to the immediate west of the building in consultation with the Local Divisional Councillor and to the satisfaction of the Chief Executive Officer.





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

a The applicant must submit to Council for approval detailed landscape plans, by making a development application for operational work (public landscape work).

b Landscape works must not commence on the site until Council has issued a development permit for operational work (public landscape work), or unless otherwise approved by a Council Officer from the Parks & Recreational Services Branch.

c Without limiting the requirements of the planning scheme’s Landscape Work Specific Development Code, the detailed landscape plan must:

i be prepared by a qualified landscape architect or similar landscape design professional;

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

iii Provide locations for the retained vegetation, in accordance with the conditions of this approval;

iv Incorporate the compensatory / replacement vegetation into the landscape works for the site, in accordance with the conditions of this approval;

v comply with Planning Scheme Policy 13 - Landscape Strategy Part 2 - Landscape Works Documentation Manual;

vi for works in the road reserve – comply with the following requirements:

A Trees must not be aligned with side boundaries or where underground services are located;

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

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

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

E Trees must not be planted within twenty metres of the approach side and six metres of the departure side of intersections that are not equipped with traffic signals;

F Trees must not be planted within fifteen metres of the approach side and six metres of the departure side of a pedestrian crossing or bus stop;

G 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

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

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

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

C All paved areas, including car park areas and shelters, are to be designed to accommodate disability access;

d The landscape works must be constructed, in accordance with the approved landscape plan, prior to the commencement of the use of the premises.

43 ‘Pre-start’ inspection required

Prior to the commencement of approved landscape works on site, 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 8052) to schedule the meeting.

44 Establishment period for open space

a Upon completion of the landscape works in accordance with the approved landscape plans, the applicant must notify Council’s Contributed Assets Section (ph 5582 8052) for an on-site meeting, prior to acceptance by Council of the commencement of the ‘Establishment Period’.

b The applicant is responsible for the establishment of all living components of public open space, to the satisfaction of the Chief Executive Officer, for the duration of a six month ‘Establishment Period’, prior to commencement of the ‘On Maintenance’ period, in accordance with section 6.17 of Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

c Without limiting the obligations under section 6.17 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings the applicant must, during the ‘Establishment Period’:

i rectify any defects arising from substandard workmanship;

ii replace any planted vegetation of poor quality or inappropriate species where used instead of specified species; and

iii maintain all components and their environs.





45 ‘On Maintenance’ period for open space

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

b Without limiting the obligations under section 6.18 of the Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings, the applicant, and not Council, is responsible for:

i Maintaining open space areas; and

ii For the rectification of defects and any damage that occurs, unless the damage is directly attributable to Council activities.

STORMWATER MANAGEMENT

46 No worsening

The development must be designed and constructed so as to result in:

a No increase in peak flow rates downstream from the site; and

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.

47 Legal point of discharge

a The applicant must ensure that all stormwater drainage is directed to a lawful point of discharge in accordance with the Queensland Urban Drainage Manual Edition 1 – September 2002 (‘QUDM’) Section 3.02.

b Should the development be unable to satisfy the conditions of the first test of QUDM Section 3.02, the applicant must submit a detailed drainage plan to Council for approval prior to the issue of the development permit for carrying out building work, or if an application for carrying out building work is not required, prior to commencement of the use the subject of this approval.

c Stormwater from the site must not be discharged onto the beach.





48 Hardstand areas graded towards landscape areas

All hardstand areas must be graded towards landscape areas to promote infiltration of stormwater runoff. No impervious runoff is to be diverted to Council's drainage system without proper treatment.

49 Erosion and sediment control

a Sediment, erosion and dust control measures must be implemented in accordance with the Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction Sites (The Institution of Engineers, Australia Queensland Division June 1996). Additional sediment, erosion and dust control measures must be implemented as directed by Council officers upon site inspection.

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

DEWATERING MANAGEMENT PLAN 50 Dewatering management plan to be submitted for approval

a If the proposed earth works do not intercept the ground water table, a dewatering management plan (‘DMP’) is not warranted for the site.

b If the proposed earth works intercept the ground water table, the applicant must submit a dewatering management plan (‘DMP’). The DMP must be in accordance with Council's Dewatering Management Plan Guidelines (GCCC, January 2009). A copy of the DMP will be available upon request.

c The DMP must be submitted to Council for approval as a Compliance Assessment Application, prior to any development application for operational work (inclusive of change to ground level, works for infrastructure, vegetation clearing or landscape work) or prior to any works commencing on-site,

d All works involving dewatering or the testing, treatment and management of groundwater must be carried out in accordance with the (to be) approved DMP at no cost to Council and to the satisfaction of the Chief Executive Officer.





OCEAN FRONT REQUIREMENTS

51 Excavated sand

All excess sand excavated from the site must be managed in accordance with the following requirements:

a Prior to the commencement of works on site, the applicant must submit a sand management plan to Council for approval. The sand management plan must outline appropriate actions to ensure excavated sand is appropriately cleaned, treated, placed, levelled and stabilised.

b The sand must be sieved to remove all material having a dimension greater than 20 millimetres.

c The sieved sand must be placed onto the ocean beach, profiled and stabilised in accordance with the approved sand management plan, prior to the issue of a certification of classification/final inspection certificate.

d If the sand to be excavated will exceed 2,000 cubic metres, a supervisor, appointed by Council, must be employed at the applicant’s cost for the duration of the sand excavation and deposition and the supervisor must:

i Undertake the physical collection of any waste material deposited on the beach as a result of the sand deposition; and

ii Ensure that the total excess clean sand is deposited, profiled and stabilised as directed by Council.

52 Erosion resistant footings

The applicant must provide to Council:

a Prior to the commencement of building work, certification from a Registered Professional Engineer Queensland (RPEQ) that the footings are designed to ensure that they are erosion resistant to safe standards; and

b Prior to the issue of a certificate of classification/final inspection certificate, certification from a Registered Professional Engineer Queensland (RPEQ) that the erosion resistant footings have been constructed to at least the applicable minimum standard set out in AS2 of the planning scheme’s Ocean Front Land Constraint Code.

53 Foreshore setbacks

All buildings and other structures must be set back at least:

a 8.1 metres from the leading edge of the top of the foreshore seawall.





BASEMENT EXCAVATION

54 Certification of basement excavation stability

Prior to issuing any building works approval, the applicant must submit to Council certification from a Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering confirming that the proposed basement excavation and associated batters or supporting structures have been adequately designed based on existing geotechnical conditions of the site, the excavation batters/supporting structures will achieve a factor of safety greater than 1.5 against geotechnical instabilities; and that the proposed basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties, utility services and infrastructures.

55 Basement excavation and ground anchoring issues

In conjunction with any application seeking a development permit for building works, the applicant shall provide the following document(s) to the relevant authority.

a Written confirmation signed by the applicant or the applicant’s consulting engineer (Registered Professional Engineer of Queensland, RPEQ) that the proposed basement excavation/construction does not rely on any works external to the site boundary (e.g. ground anchoring into adjacent properties or road reserves); or

b If the proposed basement excavation does require ground anchoring into adjacent Council maintained road reserves, the applicant must, prior to obtaining a development permit for building works or change to ground level ancillary to building works as approved by a private certifier, or prior to the issue of any operational works (change to ground level) approval by Council, obtain a separate Permit from Council to Interfere with a Road – Temporary Ground Anchors (Subordinate Local Law 11.1 Section 5). The applicant is advised to contact (07) 5582 8866 for lodging an application for this permit. A copy of this permit shall be accompanied with the building works application.

Note:

The installation of any ground anchors into any adjacent private property will require approval of the relevant property owner(s) and is not assessed or approved by Council.

The installation of any ground anchors into any adjacent State controlled road/reserve will require a Road Corridor Permit from the Department of Transport and Main Roads (Gold Coast Office, Tel: 5596 9500) and is not





assessed or approved by Council.

ROAD RESERVE ALTERATIONS/RECONSTRUCTION

56 Approval required for alterations to road reserve/Council services

The applicant must obtain a development permit for operational work (works for infrastructure) before any alterations to the road reserve or Council water, sewer and/or stormwater services and all other Council assets can be carried out. Such alterations may include but are not limited to:

a Reinstatement of disused driveway crossovers with kerb and channel;

b Vehicle crossovers;

c Footpath construction;

d Pavement construction;

e Kerb and channel;

f Kerb ramps;

g Alteration to footpath levels;

h Signage and linemarking;

i Alterations, connections or additions to Council’s stormwater, water and sewer systems and other assets;

j Retaining walls;

k Medians and traffic islands; and

l All road furniture.

57 Reconstruction of kerb and channel / footpath

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

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





ALTERATIONS TO SERVICES, INFRASTRUCTURE AND/OR ROAD RESERVE

58 Alterations to services and infrastructure

a Any alterations to Council services, infrastructure and installations plus other public utility infrastructure must be undertaken by the applicant at no cost to Council and to the satisfaction of the Chief Executive Officer or the relevant public utility.

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

59 No building work over or within Council or Allconnex Water easements and minimum distance from Allconnex Water and other public utility infrastructure

a No building work is permitted over or within any public utility easements (Council or Allconnex Water).

b All proposed buildings and structures must be located a minimum distance of 2 metres from Council or Allconnex Water infrastructure (ie. Stormwater, Water or wastewater infrastructure that become contributed assets) and comply with Gold Coast City Council Planning Scheme Policy 11 – Land Development Guidelines, Standard Specifications and Drawings.

c All proposed buildings and structures must have a suitable clearance distance from other public utility infrastructure and comply with any and all requirements for the relevant public utility.

SEWERAGE

60 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 regulated sewerage works within the property. Without limiting the requirements of the Plumbing and Drainage Act 2002 with which the works must comply, the application must:

a be accompanied by a hydraulic design for all sewerage works within the property;

b comply with Council’s:

i Trade Waste Policy; and

ii Trade Waste Pre-treatment Policy and Guidelines); and

c comply with Council’s Waste Management Policy Relating to Refuse Requirements for Proposed and Existing Building Developments Within the City of Gold Coast dated January 1995.





Information note:

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

Plumbing and drainage approval is not an approval to discharge trade waste to Council’s wastewater system. The generator of trade must complete an Application for Approval to Discharge Trade Waste to Council’s Wastewater System (available on Council’s website) prior to discharging any trade waste.

WATER SUPPLY RETICULATION

61 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 regulated 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.

FIRE SERVICES

62 Application for compliance permit for fire services plumbing work required

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

Information note:

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





REFERRAL AGENCY CONDITIONS

63 Conditions which Council has imposed on advice from the Department of Environment and Resource Management

The applicant must comply with the following conditions which the Department of Environment and Resource Management, as an advice agency, recommended that Council include and which Council has decided to impose:

a Laboratory chemical analysis results should be viewed to ensure the highest net acidity for soil samples analysed is less than 0.01% S as reported by Soil Surveys;

b If SPP 2/02 is triggered and the highest net acidity is greater than 0.03% S, the development must comply with an ASS EM Plan. The ASS EM Plan formulated for the site may need to be modified to be consistent with Appendix 4 of the SPP2/02 Guideline3 and the Management Principles of the latest version of the Queensland Acid Sulfate Soil Technical Manual, Soil Management Guidelines4;

A copy of the advice agency’s response – Referral Agency Reference IA0411BEE0007, dated 13 May 2011 is attached for the applicant’s information.

COMPLETION DATE

64 Completion date

All changes of use the subject of this approval must be completed by 22 August 2017. Pursuant to section 342 of the Sustainable Planning Act 2009, this development approval lapses if the changes of use are not completed by this date.





ADVISORY NOTES TO APPLICANT

B 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 Transport and Main Roads

Concurrence agency – Development identified in Schedule 12 of Sustainable Planning Regulation 2009

Department of Environment and Resource Management

PO Box 1167

Bundaberg QLD 4670

Advice agency – State Planning Policy 2/02 – Planning and Managing Coastal Development Involving Acid Sulfate Soils

C Properly made submissions

There were no properly made submissions about the application.

D Rights of appeal

The applicant has a right of appeal to the Planning and Environment Court regarding this decision, pursuant to section 4.1.27 of the Integrated Planning Act 1997section 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.





E Applicant responsibilities

The applicant is responsible for securing all necessary approvals and tenure, providing statutory notifications and complying with all relevant laws.

Nothing in this decision notice alleviates the need for the applicant to comply with all relevant local, State and Commonwealth laws and to ensure appropriate tenure arrangements have been made where the use of/reliance upon land other than that owned by the applicant is involved. Without limiting this obligation, the applicant is responsible for:

a Obtaining all other/further necessary approvals, licences, permits, resource entitlements etc by whatever name called required by law before the development the subject of this approval can be lawfully commenced and to carry out the activity for its duration;

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

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

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

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

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





F Indigenous cultural heritage legislation and duty of care requirement

The Aboriginal Cultural Heritage Act 2003 (‘AHCA’) is administered by the Department of Environment and Resource Management (DERM). 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 DERM’s Cultural Heritage Coordination Unit on (07) 3238 3838 for further information on the responsibilities of developers under the AHCA.

G 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].

H Infrastructure charges

Infrastructure contribution policies for the Water, Wastewater, Recreation, Stormwater and Transport Networks are no longer applicable and therefore monetary contribution conditions for these networks are no longer included in the decision notice. Infrastructure charges are now levied under an Adopted Infrastructure Charges Resolution by way of an infrastructure charges notice, which accompanies this decision notice.





I 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 Infoline – 1300 650 662.

J Water restrictions to be complied with

All persons and/or companies engaging in landscaping works must comply with current water restrictions. These restrictions detail specific times and methods for the watering of newly established gardens and turf for both residential and non-residential developments.

Any person or company found contravening current water restrictions may incur fines of up to 200 penalty units. [Water Supply (Safety and Reliability) Act 2008 Section 43 (3)] (1 Penalty Unit = $100.00).

K Incorporation of Equitable Access at the Detailed Design Stage

All public spaces and facilities within the development must provide equitable access, including continuous accessible paths of travel, in compliance with the Commonwealth Disability Discrimination Act (1992) and the Advisory Notes on Access to Premises with regard to open spaces and external pathways.




PN98183/01/DA1 (CONTINUED) A division was called. For 13 Cr Gates, Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young, Cr Crichlow,

Cr Douglas, Cr La Castra, Cr Shepherd, Cr Grew, Cr Betts, Cr McDonald, Cr Clarke

Against 0 Abstained 0 Absent 2 Cr Robbins, Cr Sarroff

CARRIED Cr Robbins returned to the room. Cr Sarroff returned to the room. ITEM 5 DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMAPCT

ASSESSMENT) TO ESTABLISH A CHILD CARE CENTRE - LOT 2 ON SP119823 BONOGIN ROAD MUDGEERABA - DIVISION 9

PN227580/01/DA6 RESOLUTION G11.0822.008 Moved Cr Shepherd Seconded Cr Wayne That Committee Recommendation CP11.0816.005 be adopted as printed. A division was called. For 13 Cr Gates, Cr Wayne, Cr Grummitt, Cr Young, Cr Crichlow, Cr Douglas,

Cr La Castra, Cr Shepherd, Cr Sarroff, Cr Grew, Cr Betts, Cr McDonald, Cr Clarke

Against 2 Cr Pforr, Cr Robbins Abstained 0 Absent 0

CARRIED

612th Council Meeting 57 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (CONTINUED) 9.1 CITY PLANNING (CONTINUED) ADOPTION OF THE CITY PLANNING COMMITTEE REPORT RESOLUTION G11.0822.009 Moved Cr Shepherd Seconded Wayne That the Report of the City Planning Committee’s Recommendations of Tuesday, 16 August 2011, numbered CP11.0816.001 to CP11.0816.008, be adopted with the exception of:- Recommendation Numbers CP11.0816.005 and CP11.0816.006 which were specifically resolved. A division was called. For 15 Cr Gates, Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young, Cr

Crichlow, Cr Douglas, Cr La Castra, Cr Shepherd, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke

Against 0 Abstained 0 Absent 0

CARRIED After the Division was called, Cr Sarroff raised the issue of a potential conflict of interest in respect of Item 8 as a result of the employment of the planning consultants in relation to Item 8 being the same as those identified in relation to Item 6. Cr Sarroff then identified that the same circumstances applied to Item 5.

612th Council Meeting 58 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 ECONOMIC DEVELOPMENT & TOURISM Cr Douglas, Chairperson of the Economic Development & Tourism Committee, presented the Report of the Meeting of the Economic Development & Tourism Committee held on Tuesday, 16 August 2011. RESOLUTION G11.0822.010 Moved Cr Douglas Seconded Cr Young That the Report of the Economic Development & Tourism Committee Meeting held on Tuesday, 16 August 2011 covered by Recommendations numbered ED11.0816.001 to ED11.0816.006 be received.

CARRIED ITEM 5 COUNCILLOR PARTICIPATION IN 2011-12 INTERNATIONAL TRADE AND INVESTMENT PROGRAM (ITIP) PD330/1051 – (P2) MOTION Moved Cr Douglas Seconded Cr Crichlow That Committee Recommendation ED11.0816.005 be adopted as printed. AMENDMENT Moved Cr Betts Seconded Cr Robbins That Committee Recommendation ED11.0816.005 be adopted, with a change to Part 1, such that it reads in its entirety as follows: 1 That Council does support the attendance of Councillor Pforr to participate in the Fort

Lauderdale Surf Expo Trade Mission, September 2011.

2 That Council does not support the attendance of Councillor Young to attend the Multi Sector Trade Mission to Southern China and Hong Kong, incorporating the (MIPIM Asia), November 2011.

3 That Council does not support the attendance of Councillor Grew to participate in the Film Industry trade mission to AFCI Locations Expo to Los Angeles, USA, June 2012.

Cr Pforr requested Council to determine whether he had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that he is a Foundation Member of the Surfing World Gold Coast Museum.

PROCEDURAL MOTION Moved Cr Betts Seconded Cr Young That Cr Pforr does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Pforr did not vote.

612th Council Meeting 59 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.2 ECONOMIC DEVELOPMENT & TOURISM (CONTINUED) ITEM 5 COUNCILLOR PARTICIPATION IN 2011-12 INTERNATIONAL TRADE AND INVESTMENT PROGRAM (ITIP) PD330/1051 – (P2) (CONTINUED)

Cr Robbins requested Council to determine whether she had a conflict of interest or could reasonably be taken to have a conflict of interest for the reason that she is a Foundation Member of the Surfing World Gold Coast Museum. PROCEDURAL MOTION Moved Cr McDonald Seconded Cr Betts That Cr Robbins does not have a conflict of interest in the matter and may remain in the room and participate in discussion and voting on the matter.

CARRIED Cr Robbins did not vote.

PROCEDURAL MOTION Moved Cr Sarroff Seconded Cr Douglas

That the Motion be put.

A division was called. For 5 Cr Grummitt , Cr Douglas, Cr Sarroff, Cr Shepherd, Cr Betts

Against 10 Cr Gates, Cr Wayne, Cr Pforr, Cr Young, Cr Crichlow, Cr La Castra,

Cr McDonald, Cr Robbins, Cr Grew, Cr Clarke Abstained 0 Absent 0

The MOTION was LOST.

The AMENDMENT was PUT.

A division was called. For 7 Cr Gates, Cr Wayne, Cr Young, Cr La Castra, Cr Betts, Cr Robbins,

Cr Grew Against 7 Cr Grummitt, Cr Crichlow, Cr Douglas, Cr Shepherd, Cr Sarroff,

Cr McDonald, Cr Clarke Abstained 1 Cr Pforr Absent 0

The AMENDMENT was LOST


AMENDMENT Moved Cr Betts Seconded Cr Pforr

That Committee Recommendation ED11.0816.005 be adopted, with a change to Part 2, such that it reads in its entirety as follows: 1 That Council does not support the attendance of Councillor Pforr to participate in the

Fort Lauderdale Surf Expo Trade Mission, September 2011.

2 That Council does support the attendance of Councillor Young to attend the Multi Sector Trade Mission to Southern China and Hong Kong, incorporating the (MIPIM Asia), November 2011.

3 That Council does not support the attendance of Councillor Grew to participate in the Film Industry trade mission to AFCI Locations Expo to Los Angeles, USA, June 2012.

A division was called. For 7 Cr Gates, Cr Wayne, Cr Pforr, Cr La Castra, Cr Grew, Cr Betts,

Cr Robbins Against 7 Cr Grummitt, Cr Crichlow, Cr Douglas, Cr Shepherd, Cr Sarroff,

Cr McDonald, Cr Clarke Abstained 1 Cr Young Absent 0

The AMENDMENT was LOST.

AMENDMENT Moved Cr Betts Seconded Cr Grew

That Committee Recommendation ED11.0816.005 be adopted, with a change to Part 3, such that it reads in its entirety as follows:

1 That Council does not support the attendance of Councillor Pforr to participate in the Fort Lauderdale Surf Expo Trade Mission, September 2011.


3 That consideration of attendance by a Councillor to the Film Industry trade mission to AFCI Locations Expo to Los Angeles, USA, June 2012, be deferred to April 2012.


A division was called. For 12 Cr Gates, Cr Wayne, Cr Grummitt, Cr Young, Cr Douglas, Cr La Castra,

Cr Shepherd, Cr Grew, Cr Betts, Cr McDonald, Cr Robbins, Cr Clarke

Against 2 Cr Crichlow, Cr Sarroff

Abstained 1 Cr Pforr

Absent 0 CARRIED

AMENDMENT Moved Cr Clarke Seconded Cr Douglas

That Committee Recommendation ED11.0816.005 be adopted, with a change to Part 3 and the addition of Part 4, such that it reads in its entirety as follows: 1 That Council does not support the attendance of Councillor Pforr to participate in the

Fort Lauderdale Surf Expo Trade Mission, September 2011.



4 That, as a matter of policy, Councillors be limited to the last six months (after 1 October 2011) leading into the election period to travelling to those events be it within or without Australia to any trade shows, conferences unless such travel is connected to the 2018 Commonwealth Games Bid, not including any existing approvals.

A division was called. For 8 Cr Wayne, Cr Grummitt, Cr Douglas, Cr Shepherd, Cr Sarroff, Cr Grew,

Cr McDonald, Cr Clarke Against 7 Cr Gates, Cr Pforr, Cr Young, Cr Crichlow, Cr La Castra, Cr Betts,

Cr Robbins Abstained 0 Absent 0

CARRIED


The AMENDMENT became the MOTION RESOLUTION G11.0822.011

1 That Council does not support the attendance of Councillor Pforr to participate in the Fort Lauderdale Surf Expo Trade Mission, September 2011.



4 That, as a matter of policy, Councillors be limited to the last six months (after 1 October 2011) leading into the election period to travelling to those events be it within or without Australia to any trade shows, conferences unless such travel is connected to the 2018 Commonwealth Games Bid, not including any existing approvals.

A division was called. For 7 Cr Grummitt, Cr Douglas, Cr Shepherd, Cr Sarroff, Cr Grew,

Cr McDonald, Cr Clarke Against 7 Cr Gates, Cr Wayne, Cr Pforr, Cr Young, Cr La Castra, Cr Betts,

Cr Robbins Abstained 0 Absent 1 Cr Crichlow

The MOTION was CARRIED on the casting vote of the Mayor.

ADOPTION OF ECONOMIC DEVELOPMENT & TOURISM COMMITTEE REPORT RESOLUTION G11.0822.012 Moved Cr Douglas Seconded La Castra That the Report of the Economic Development & Tourism Committee’s Recommendations of Tuesday 16 August 2011, numbered ED11.0816.001 to ED11.0816.006, be adopted with the exception of:- Recommendation Number ED11.0816.005 which was specifically resolved.

CARRIED

612th Council Meeting 63 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 CORPORATE GOVERNANCE & ADMINISTRATION Cr Grew, Chairperson of the Corporate Governance & Administration Committee, presented the Report of the Meeting of the Corporate Governance & Administration Committee held on Wednesday, 17 August 2011. RESOLUTION G11.0822.013 Moved Cr Grew Seconded Cr Shepherd That the Report of the Corporate Governance & Administration Committee Meeting held on Wednesday, 17 August 2011, covered by Recommendations numbered GA11.0817.001 to GA11.0817.005, be received.

CARRIED Cr Crichlow returned to the room. ITEM 3 TRAVEL AND TRAVEL RELATED EXPENSES – COUNCILLORS AND STAFF 1 APRIL - 30 JUNE 2011 LG314/411/07/133 RESOLUTION G11.0822.014 Moved Cr Young Seconded Cr Sarroff That Committee Recommendation GA11.0817.003 be adopted, with the addition of Part 2 , such that it reads in its entirety as follows: 1 That the information contained in the report be noted.

2 That the Chief Executive Officer bring forward a report in regard to possible changes to the Travel Policy, as it relates to Council Staff, to include a reconciliation of expenses in lieu of an allowance. A division was called. For 10 Cr Gates, Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young, Cr Douglas,

Cr Sarroff, Cr McDonald, Cr Robbins, Cr Clarke Against 5 Cr Crichlow, Cr La Castra, Cr Shepherd, Cr Grew, Cr Betts Abstained 0 Absent 0

CARRIED

612th Council Meeting 64 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.3 CORPORATE GOVERNANCE & ADMINISTRATION (CONTINUED) ITEM 5 REPORT OF THE COMMUNITY COMMUNICATION ADVISORY COMMITTEE MEETING HELD ON 3 AUGUST 2011 LG115/1201(P1) MOTION Moved Cr Crichlow Seconded Cr Sarroff That Committee Recommendation GA11.0817.005 be adopted, with the addition of Part 2, such that it reads in its entirety as follows: 1 That the Report of the Community Communication Advisory Committee meeting held on 3 August 2011 be endorsed.

2 That Council notes that Division 6 and Division 10 will not have a page in the Communication magazine. AMENDMENT Moved Cr Shepherd Seconded Cr Betts That Committee Recommendation GA11.0817.005 be adopted, with the addition of Part 2, such that it reads in its entirety as follows: 1 That the Report of the Community Communication Advisory Committee meeting held on 3 August 2011 be endorsed.

2 That Council note that it is the wish of the Division Councillor that any articles or editorials generated from Division 6 and Division10 be not included in the Communication magazine. A division was called. For 9 Cr Wayne, Cr Pforr, Cr Grummitt, Cr Young, Cr Douglas, Cr La Castra,

Cr Shepherd, Cr Betts, Cr Robbins Against 6 Cr Gates, Cr Crichlow, Cr Sarroff, Cr Grew, Cr Clarke, Cr McDonald Abstained 0 Absent 0

CARRIED

The AMENDMENT became the MOTION RESOLUTION G11.0822.015 That Committee Recommendation GA11.0817.005 be adopted, with the addition of Part 2, such that it reads in its entirety as follows: 1 That the Report of the Community Communication Advisory Committee meeting held on 3 August 2011 be endorsed.

2 That Council note that it is the wish of the Division Councillor that any articles or editorials generated from Division 6 and Division10 be not included in the Communication magazine.

CARRIED

612th Council Meeting 65 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)

9.3 CORPORATE GOVERNANCE & ADMINISTRATION (CONTINUED)

Cr Douglas left the meeting. ITEM 1 CORPORATE STRUCTURE REPORT – NO 17 VARIOUS ORGANISATIONAL ARRANGEMENTS LG449/142/07/09(P1) RESOLUTION G11.0822.016 Moved Cr Sarroff Seconded Cr McDonald That Committee Recommendation GA11.0817.001 be adopted, with a change to Part 1 a, such that it reads in its entirety as follows: 1 That the Office of the CEO assume responsibility, as depicted in Attachment 4,

for:

a The governance of Council’s interests in controlled and funded entities, excluding Gold Coast Tourism, but including for now the following:

i Gold Coast Arts Centre

ii Surfers Paradise Alliance (subject to separate review)

iii Broadbeach Alliance

iv Connecting Southern Gold Coast

v Smart Water Research Consortium

vi Gold Coast City Insurance Company

vii Gold Coast Innovation Centre

viii Administration of the community grants policy.

2 That the Transport Planning branch be restructured and renamed as the Transport branch (as per Attachment 5).

3 That the proposed structure of City Governance depicted at Attachment 6, be adopted.

4 That the proposed structure of Organisational Services depicted at Attachment 7, be adopted, incorporating the abolition of the position of Manager Financial Services.

5 That the proposed structure of Community Services depicted at Attachment 8, be adopted.

6 That the tourist parks unit (incorporating the South Stradbroke Island Tipplers Precinct) be transferred from the Commercial Services branch to Economic Development and Major Projects directorate.

7 That the disaster welfare management function be transferred from Health, Regulatory and Lifeguard Services branch to the Disaster Management unit in Engineering Services.

8 That the responsibility for professional input into development applications that generate contributed assets (parks and open space) be transferred from the Parks and Recreational Services in Community Services to the Implementation and Assessment Branch within Planning, Environment and Transport.

612th Council Meeting 66 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued)

9.3 CORPORATE GOVERNANCE & ADMINISTRATION (CONTINUED) ITEM 1 CORPORATE STRUCTURE REPORT – NO 17 VARIOUS ORGANISATIONAL ARRANGEMENTS LG449/142/07/09(P1) (CONTINUED)

9 That the precise timing of the above organisational changes be determined by the CEO having regard to potential impacts upon the ERP/Property Program and pending project management of ‘opting out’ of Allconnex Water and the re-establishment of a version of Gold Coast Water.

10 That the projected budget savings of $222,000 be identified in the September 2011 budget review.

CARRIED ADOPTION OF THE CORPORATE GOVERNANCE & ADMINISTRATION COMMITTEE REPORT RESOLUTION G11.0822.017 Moved Cr Grew Seconded Betts That the Report of the Corporate Governance & Administration Committee’s Recommendations of Wednesday, 17 August 2011, numbered GA11.0817.001 to GA11.0817.005, be adopted with the exception of:- Recommendation Numbers GA11.0817.001 GA11.0817.003 and GA11.0817.005 which were specifically resolved.

CARRIED

612th Council Meeting 67 22 August 2011 Adopted Minutes 9 RECEPTION & CONSIDERATION OF COMMITTEE REPORTS (Continued) 9.4 FINANCE Cr Sarroff, Chairperson of the Finance Committee, presented the Report of the Meeting of the Finance Committee held on Wednesday 17 August 2011. RESOLUTION G11.0822.018 Moved Cr Sarroff Seconded Robbins That the Report of the Finance Committee Meeting held on Wednesday 17 August 2011, covered by Recommendations numbered FN11.0817.001 to FN11.0817.007, be received.

CARRIED ADOPTION OF FINANCE COMMITTEE REPORT RESOLUTION G11.0822.019 Moved Cr Sarroff Seconded Cr Robbins That the Report of the Finance Committee’s Recommendations of Wednesday 17 August 2011, numbered FN11.0817.001 to FN11.0817.007, be adopted as printed.

CARRIED

612th Council Meeting 68 22 August 2011 Adopted Minutes 10 CONSIDERATION OF NOTICES OF MOTION Nil 11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE 11.1 ANSWERS TO QUESTIONS ON NOTICE FROM CR GRANT PFORR IN RELATION TO TIPPLERS HUB RESORT – 15 AUGUST 2011 Question 1: Could the CEO please advise Council when the report on the Tipplers Resolution G11.0516.009 will be coming back to Full Council, as it was resolved that this report come back to Council by 24 June 2011 ? Answer: Unless requested by the Mayor (which would be entirely valid given the report was required by 24 June), I now propose to provide a report to Council’s meeting of 10 October 2011. See copies of emails attached to Q2 answer. Question 2: Could the CEO please provide a brief memo to councillors on the two meetings to date with MAG ? Answer: Meetings with MAG representatives occurred on the 22 June 2011 and 26 July 2011. Following these meetings, I exchanged emails with MAG spokesperson, copies of which are attached (confidential). Question 3: Could the CEO please provide a copy of July 26 2011 presentation to all councillors and also attach it to the forthcoming report ? Answer: Refer following attachments noting confidential attachments not included.

612th Council Meeting 86 22 August 2011 Adopted Minutes 11 QUESTIONS ON NOTICE / ANSWERS TO QUESTIONS ON NOTICE (CONTINUED) 11.1 QUESTION ON NOTICE FROM CR SHEPHERD TO THE CHIEF EXECUTIVE OFFICER IN RELATION TO THE CONSTRUCTION OF THE STAPYLTON WWTP Would the Chief Executive Officer please provide advice on the financial risks and corporate risks associated with the construction of the Stapylton WWTP given Council’s decision to withdraw from Allconnex? 11.2 QUESTION ON NOTICE FROM CR SARROFF TO THE CHIEF EXECUTIVE OFFICER IN RELATION TO THE STAPYLTON TREATMENT PLANT Prior to the water reform was it Council’s intention to construct the Stapylton treatment plant and would it have been considered as part and parcel of the capital works budget?

612th Council Meeting 87 22 August 2011 Adopted Minutes 12 PRESENTATION OF PETITIONS Nil

13 GENERAL BUSINESS 13.1 6 PORTOBELLO DRIVE MERMAID WATERS It was noted that a report will be provided to Councillors for discussion at the next

Council meeting to be held on Monday 29 August 2011.

13.2 Procurement Policy and Guidelines Amendments (as previously distributed on

8 June 2011) This item was deferred to the Council meeting to be held on Monday 29 August 2011. 13.3 CHIEF EXECUTIVE OFFICER’S REVIEW – KPO PERFORMANCE ASSESSMENT 2010-11 MOTION Moved Cr Clarke Seconded Cr Shepherd That Council endorses the Mayor’s assessment of the Chief Executive Officer’s 2010-11 KPO performance as assessed by the Mayor and detailed in Attachment A. PROCEDURAL MOTION Moved Cr Sarroff Seconded Cr Young That the matter be deferred to the next Council meeting to be held on Monday 29 August, 2011. A division was called. For 5 Cr Wayne, Cr Young, Cr Crichlow, Cr Sarroff, Cr Robbins

Against 7 Cr Gates, Cr Pforr, Cr La Castra, Cr Shepherd, Cr Betts, Cr McDonald,

Cr Clarke Abstained 0 Absent 3 Cr Grummitt, Cr Douglas, Cr Grew, The PROCEDURAL MOTION was LOST.

612th Council Meeting 88 22 August 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED) 13.3 CHIEF EXECUTIVE OFFICER’S REVIEW – KPO PERFORMANCE ASSESSMENT 2010-11 (CONTINUED) The MOTION became the RESOLUTION RESOLUTION G11.0822.020 That Council endorses the Mayor’s assessment of the Chief Executive Officer’s 2010-11 KPI performance as assessed by the Mayor and detailed in Attachment A. A division was called. For 7 Cr Gates, Cr Pforr, Cr La Castra, Cr Shepherd, Cr Betts, Cr Robbins,

Cr Clarke Against 4 Cr Wayne, Cr Crichlow, Cr Sarroff, Cr McDonald Abstained 1 Cr Young Absent 3 Cr Douglas, Cr Grummitt, Cr Grew

CARRIED

13.4 ALLOCATION OF FUNDS FROM DIVISION 1 2011-12 LOCAL AREA WORKS

PROGRAM CONCERTS & FUNCTIONS ALLOCATION FOR RUBBISH BINS AT THE TOUCHED BY CANCER EVENT TO BE HELD ON 24 AND 25 SEPTEMBER 2011

FN334/375/02 RESOLUTION G11.0822.021 Moved Cr Gates Seconded Cr Young That $646.77 be allocated from the 2011-12 Division 1 Local Area Works program Concerts and Functions allocation DYL9-8525 for the provision of rubbish bins for the Touched by Cancer Event to be conducted by the Coomera Comets Touch Association to be held at the Coomera Sports Park at Coomera on the weekend of 24 and 25 September 2011. This event is open to the general public.

CARRIED

612th Council Meeting 89 22 August 2011 Adopted Minutes 13 GENERAL BUSINESS (CONTINUED)

13.5 ALLOCATION OF FUNDS FROM DIVISION 10 2011-12 LOCAL AREA WORKS

FOR THE STABILISATION OF MERMAID BEACH BOWLS CLUB'S ROOF DUE TO ITS STRUCTURAL INSTABILITY.

FN334/375/02 RESOLUTION G11.0822.022 Moved Cr Sarroff Seconded Cr Shepherd 1 That the amount of $41,400 be allocated from Division 10 Local Area Works for

the stabilisation of Mermaid Beach Bowls Club's roof due to its structural instability.

It be noted that the above decision is based on the verbal advice of the Chief Executive Officer and the Director Community Services as to the particular provisions of the lease, which compel Council to consider rectification works. 2 That a report be brought to Council at the earliest opportunity on the condition

of the Mermaid Beach Bowls Club's roof including rectification works required and estimated cost to remedy current safety and building code concerns.

A division was called. For 9 Cr Young, Cr Crichlow, Cr La Castra, Cr Shepherd, Cr Sarroff, Cr Betts,

Cr McDonald, Cr Robbins, Cr Clarke

Against 3 Cr Gates, Cr Wayne, Cr Pforr Abstained 0 Absent 3 Cr Grummitt, Cr Douglas, Cr Grew

CARRIED

612th Council Meeting 90 22 August 2011 Adopted Minutes 14 RESCHEDULING OF CAPITAL WORKS PROJECTS Nil 15 SPECIAL BUDGET COMMITTEE Nil There being no further business, the meeting was declared closed at 3.54pm.


I hereby certify that these pages Numbered 1 to 95 constitute

The Minutes of the Meeting

of the Council of the City of Gold Coast

held Monday 22 August 2011.

................................................................. MAYOR

of the council meeting - city of gold coast adopted minutes council meeting monday, 22 august 2011...

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