of the economy, planning & environment committee …...2018/08/22 · index adopted report of...

760

Adopted Report of the

Economy, Planning & Environment Committee Meeting

held

Wednesday 22 August 2018

at

9am

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

Index

Adopted Report of 760


Wednesday 22 August 2018 at 9am

Item Direct Div:

File Page Subject

City Development Branch

1 Div 5 PN348808/23/DA1 5 Report on Development Permit for Reconfiguring a Lot (Impact Assessment) for 2 freehold lots, new road and public open space and a Development Permit for Operational Works Changes to Ground Level at Huntington Drive, Maudsland properly described as Lot 901 on SP279990 and Lot 802 on SP289807. ROL201700352

2# Div 13 PN21237/01/DA1 69

Report on Development Permit for making a Material Change of Use (Code Assessment) for multiple dwellings (12 units) at 9 Nyrang Avenue, Palm Beach. MCU201800493

3# Div 10 PN25197/01/DA1 162 Report on Development Permit for a Material Change of Use (Impact Assessment) for a dwelling house (inclusive of a partial third storey) at 1 Hilda Street, Mermaid Beach. MCU201800399

4# Div 2 PN303435/01/DA3 251 Report on Material Change of Use (Impact Assessment) for Warehouse and Office at 2 and 4 Newheath Drive, Arundel.

MCU201701345

5 EPE PD97/-/-(P18) 335

Special Delegation Items Decided During The Council Community Consultation And Other Civic Duties Period In July 2018.

Closed Session

6 EPE CM787/790/01/01/04 343 Annual Appeals Report for the 2017 to 2018 Financial Year.

City Planning Branch

Closed Session

7 EPE PD98/1132/02/01 396 Introductory Report – City Plan Major Update 5 Projects.

8 EPE PD98/1132/04/39 409 Response to petition – Sovereign Island zoning, building height and residential density.

9 EPE PD113/1275/14/02 424 Investigation Areas – Community Engagement Strategy.

760th Council Meeting 28 August 2018 Economy, Planning & Environment Committee Meeting 22 August 2018

2 ADOPTED REPORT

Index

Adopted Report of 760


Wednesday 22 August 2018 at 9am

Item Direct Div:

File Page Subject

City Development Branch

10 EPE PD113/1275/14/04(P2) 454 Submission of proposed City Plan Major Update – New Communities (Eggersdorf Rd, Ormeau) for State Interest Review and tailored process.

Open Session

11 Div 10 PN178256/12/DA3 499 Report on a variation request (Preliminary Approval) which seeks to vary the effect of the Local Planning Instrument (City Plan Version 4) as it relates to making a Material Change of Use for a Dwelling House and Development Permit for Reconfiguring a Lot for a Boundary Realignment at 78-80 Monaco Street, Broadbeach Waters.

MCU71486616 Closed Session

12 EPE PD113/1303(P1) 586 Temporary Local Planning Instrument No. 6.

General Business # Officer’s recommendation changed at Committee Meeting. KEY: OCEO - Office of the Chief Executive Officer OCOO - Office of the Chief Operation Officer EPE - Economy, Planning and Environment OS - Organisational Services LC - Lifestyle and Community TI - Transport and Infrastructure WW - Water and Waste


3 ADOPTED REPORT

ADOPTION BY COUNCIL 28 AUGUST 2018 RESOLUTION G18.0828.020 moved Cr Caldwell seconded Cr O’Neill That the Report of the Economy, Planning and Environment Committee’s Recommendations of Wednesday, 22 August 2018, numbered EPE18.0822.001 to EPE18.0822.012, be adopted with the exception of:- Recommendation Numbers EPE18.0822.001

EPE18.0822.002 EPE18.0822.003 EPE18.0822.004 EPE18.0822.010 and EPE18.0822.011 which were specifically resolved.

CARRIED

ATTENDANCE Cr C M Caldwell Chairperson Cr G O'Neill Cr W M A Owen-Jones Cr P J Young Cr G Baildon AM Cr P A Taylor Cr H Vorster Cr G Tozer left meeting at 12.15pm Cr P C Young Visitor Cr D McDonald Visitor left meeting at 9.55am Cr D Gates Visitor arrived 9.09am Ms A Swain Director Economy, Planning & Environment Mr M Moran Manager City Development Ms A Tzannes Manager City Planning Mr S Brett Executive Coordinator Major Assessment Mr R Sharpe Executive Coordinator Planning Assessment Mr S Weterings Town Planner Mr J Gagie Town Planner Mr P Zappala Supervision Planner (Major Assessment) Mr P Ramiah Senior Planner Ms P Ellis-Southwell Town Planner APOLOGY/LEAVE OF ABSENCE Nil PRESENTATIONS Nil


4 ADOPTED REPORT

ITEM 1 CITY DEVELOPMENT REPORT ON DEVELOPMENT PERMIT FOR RECONFIGURING A LOT (IMPACT ASSESSMENT) FOR 1 FREEHOLD LOT, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPERATIONAL WORKS CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND PROPERLY DESCRIBED AS LOT 901 ON SP279990 AND LOT 802 ON SP289807 DIVISION 5 PN348808/23/DA1

Refer 2 page attachment.

1 APPLICATION SUMMARY

Application information

Address Huntington Drive, Maudsland; & Maudsland Road Maudsland

Lot and plan Lot 901 on SP279990; & Lot 802 on SP289807

Site area Lot 901 – 1.03 hectares

Lot 802 – 90.29 hectares

Properly made date 9 November 2017

City Plan version Version 4

Zone / Precinct Rural residential zone – Rural residential landscape

and environment precinct (Lot 901); & Emerging community zone

Overlays

Environmental significance overlay code Bushfire hazard area overlay code; Dwelling house overlay code; Landslide hazard overlay code

Proposed use Reconfiguring a Lot for two (2) Freehold Lots, New

Road and Public Open Space; and Operational Works Changes to Ground Level.

Categories of development and assessment

Impact Assessment

Applicant and Applicant’s consultancy team

DFC (HRPV) Pty Ltd

Adam McVie (State Manager)

C/- RPS Pty Ltd

Cardno

Land owner

Hatia Property Corporation Pty Ltd

Power of attorney:

Marcus Roy Ford Kim Leslie Teague Neil Lindsay Hawthorne Leanne Maree Doxey

Submissions

Objections Support

Two (2) properly made objections were received

N/A

Key matters raised by submitters Property devaluation


5 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1

Increase in crime Increase in traffic / Road safety Multiple entry roads

Decision due date 14 August 2018

Referral agencies

The Department of State Development, Manufacturing, Infrastructure and Planning:

Schedule 10, Part 9 Division 4, Subdivision 2, Table 1, Item 2 – Reconfiguring a Lot near a state transport corridor.

Schedule 10, Part 9, Division 4, Subdivision 2, Table 3, Item 1 – Reconfiguring a Lot near a state transport corridor.

Officer’s recommendation Approval – subject to the removal of proposed Lot 2. Lot 2 is conditioned to be incorporated within Lot 3 for the purpose of Public Open Space (conservation).

2 PROPOSAL

The purpose of this report is to assess an application for a Development Permit for Reconfiguring a Lot for two (2) Freehold Lots, New Road and Public Open Space; and a Development Permit for Operational Works Changes to Ground Level located at Huntington Drive, Maudsland; & Maudsland Road, Maudsland, properly described as Lot 901 on SP279990 and Lot 802 on SP289807.

Table 5.6.1 Reconfiguring a lot of the City Plan categorises the proposal as subject to Impact assessment as the minimum prescribed lot size for the Rural residential zone – Rural residential landscape and environment precinct is 16,000m2.

The proposal involves the subdivision of Lot 901 on SP279990 and Lot 802 on SP289807 to allow for a new road connection between Stage 6 of the Huntington Rise Estate and Huntington Drive. As a result of the new road connection, the applicant proposes two new lots, and a balance lot of 3 hectares which will be transferred to Council as Public Open Space for conservation purposes.

The proposed conservation area will connect into the 63 hectares of conservation land transferred to Council as part of the Huntington Rise Estate stage 4.

Proposed lot 1 will have a site area of 4,171m2; Proposed lot 2 will have a site area of 2,000m2 with a building envelope of 600m2; Proposed lot 3 will have a site area of 3.036 hectares and will be transferred to Council as

Public Open Space for the purpose of Conservation.

The total area of new road is approximately 1,900m2 and will have a total length of 94 metres.

The road connection will service the Huntington Rise Estate to the north and was envisaged as part of the Huntington Rise Estate Preliminary Approval (Council Ref: MCU201501231). However, Lot 901 on SP279990, the subject to this development application, was not included within the Preliminary Approval and as such this road connection has been lodged separate to the Stage 6 Code assessable application.

The applicant is also seeking an Operational works Changes to Ground Level to facilitate the new road.


6 ADOPTED REPORT


Image one: Proposed plan of subdivision (Source: RPS)

3 KEY ISSUES

The key issues of the proposal include:

The proposed lots sizes are a key issue when considering the application. The location of the connection road to Huntington Rise has been sited to ensure that there is safe intersection distance to meet the requirements of the Austroads manual, as such the proposed lots do not comply with the minimum lot size prescribed. As a result, it is recommended lot 2 be deleted and incorporated into lot 3. This will limit the application to one residential lot only, being 4,171m2 in size, and generally consistent with lot sizes in the vicinity.

4 SITE CONTEXT

4.1 Subject site

The site:

Comprises of two (2) allotments being Lot 901 on SP279990 & Lot 802 on SP289807. Lot 802 is now a historical lot, with the registered property now being Lot 304 on SP289812.

Has a combined site area of 91 hectares. Is located within the Rural residential zone – Rural landscape and environment precinct (Lot

901) and the Emerging community zone (Lot 802). Is irregular in shape and is currently heavily vegetated to the east of the site which is identified

for conservation purposes. Is currently improved by an estate sales office for the Huntington Downs Estate (Lot 901)

which is no longer in use. Contains a dam that is proposed to be dewatered as part of this application and incorporated

into the conservation lot. Has a road frontage to Huntington Drive of approximately 152 metres and 461 metres to

Maudsland Road.


7 ADOPTED REPORT


Image two: Aerial of subject site (Source: Web GIS)

4.2 Immediate context

North: To the north west of the site is Maudsland road. The development to the west forms part of the Riverstone Crossing – The Haven development which comprises of 66 residential allotments. 52 of the allotments are approved as ‘small lot park residential’ and have a minimum lot size of 2,000m2 and the 14 remainder allotments are approved as ‘large lot park residential’ and have a minimum lot size of 4,000m2.

The average lot size of the small lot park residential is 2,131m2. The average lot size of the large lot park residential is 7,192m2. The average lot size for this development is 3,204m2.

The land to the north west is located within the Rural residential zone. Access to the development is via Lagoon Park Drive from Riverstone Crossing. The development does not have direct access to Maudsland Road.

To the north of the subject site is the Huntington Rise Estate. Stage 6 adjoins the subject site and is approved for 47 residential allotments. The average lot size achieved for stage 6 is 871m2 with the minimum lot size proposed being 450m2 where located within the courtyard precinct.

East: To the east of the subject site is significant vegetation that is to be transferred to Council for the purposes of Public Open Space conversation as part approval for Stage 4 of the Huntington Rise Estate.

This bushland connects through to Nerang State Forest.

South / West: Development to the south and west of the subject site forms the Huntington Downs Estate which gains access via Maudsland Road. The Huntington Downs Estate


8 ADOPTED REPORT


comprises of 78 rural residential allotments that range in size from 4006m2 to 7356m2 with an average lot size of 4,701m2.

Image three: Surrounding area (Source: City Plan Interactive Mapping)

5 PLANNING ASSESSMENT

Section 45(5) of the Planning Act 2016 identifies:

(5) An impact assessment is an assessment that –

(a) must be carried out -

(i) against the assessment benchmarks in a categorising instrument for the development; and

(ii) having regard to any matters prescribed by regulation for this subparagraph; and

(b) may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise.

The proposed development triggers impact assessment and has been assessed in accordance with Section 45(5) of the Planning Act 2016.


9 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 5.1 State Planning instruments

The application has been assessed against the following instruments:

Instrument Comment

State Planning Policy The City Plan appropriately reflects all aspects of the State Planning Policy apart from aspects relating to natural hazards, risk and resilience (coastal hazards).

The proposal does not trigger assessment against any assessment benchmarks relating to natural hazards, risk and resilience (coastal hazards).

South East Queensland Regional Plan The proposal is consistent with the goals, elements and strategies; and the Southern Sub-regional directions of the South East Queensland Regional Plan 2017 (ShapingSEQ).

Schedule 10 (Development assessment) of the Planning Regulation 2017

The proposal does not trigger assessment against any assessment benchmarks in Schedule 10 (Development assessment) of the Planning Regulation 2017.

Schedule 12 (Particular reconfiguring a lot requiring code assessment) of the Planning Regulation 2017

The proposal does not trigger assessment against any assessment benchmarks in Schedule 12 (Particular reconfiguring a lot requiring code assessment) of the Planning Regulation 2017.

5.2 Local categorising instruments


Local categorising instrument Comment

Temporary Local Planning Instrument The proposal does not trigger assessment against any temporary local planning instruments.

Local Government Infrastructure Plan There is no new trunk infrastructure required as part of this development.

Variation approval The proposal does not trigger assessment against a variation approval.

Assessment against a variation approval

The proposed does not trigger assessment against a Preliminary approval (variation approval). However, the proposed new road will service the Huntington Rise Estate and was envisaged as part of the Huntington Rise Estate Preliminary Approval.

However, Lot 901 on SP279990, the subject to this development application, was not included within the Preliminary Approval and as such this road connection has been lodged pursuant to the City Plan version 4. (Council Reference: MCU201501231 // PN250981/123/DA2).


10 ADOPTED REPORT


Image four: Huntington Rise Preliminary Approval Plan (Source: RPS September 2017)

Image five: Road location on the Huntington Rise Preliminary Approval Plan (Source: RPS September 2017)

City Plan

The following is an assessment of the application against the City Plan.

Assessment against the Strategic framework

The strategic framework requires careful and balanced reading of the provisions to best achieve the


11 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 purpose and objectives of the City Plan. The strategic framework sets the policy direction for the City Plan and has a planning horizon of 2031.

This Policy direction is structured in the following way:

a The strategic intent describes the planning vision for the Gold Coast over the coming decades; in particular, what our city will look like and how it will function, potential for major development over the next 20 years and areas for growth and protection.

b The following six city shaping themes play an important role in shaping future growth and managing change across the city, and collectively represent the policy intent of the City Plan:

i Creating liveable places;

ii Making modern centres;

iii Strengthening and diversifying the economy;

iv Improving transport outcomes;

v Living with nature; and

vi A safe, well designed city.

c Strategic outcomes for each theme.

d Elements that refine and further describe the strategic outcomes.

e Specific outcomes sought for each of the elements.

Strategic intent

The Strategic intent flows through to the Themes (Strategic outcomes), Elements (Specific outcomes) and applicable codes. The Strategic intent is achieved through assessment against these outcomes.

Theme/s and Elements

The following is an assessment of the application against the relevant Theme/s and Elements of the strategic framework identified in the table below:

Theme/s Related element Maps

Creating liveable places

3.3.4 element – New communities

3.3.7 Element – Rural residential areas

Strategic framework map 1 – designated urban area

Urban area

Strategic framework map 2 – settlement pattern

Rural residential areas; & New communities

Making modern centres Not applicable

Strengthening and diversifying the economy

Not applicable

Improving transport outcomes 3.6.4 element – Transport system efficiency

Living with nature 3.7.4 Element – Nature conservation

A safe, well designed city 3.8.2 Element – Landscape character


12 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 Lot size:

The subject site is within the Emerging community zone and the Rural residential zone – Rural landscape and environment precinct and in accordance with 3.3.4 and 3.3.7 of the Strategic Framework, the New communities element and Rural residential areas element is applicable.

The proposed development involves the subdivision of Lot 901 on SP279990 and Lot 802 on SP289807. The purpose of the subdivision is to allow for a new road connection between Stage 6 of the Huntington Rise Estate and Huntington Drive. As a result of the new road connection, two residential lots are proposed, and a balance lot of 3 hectares which will be transferred to Council as Public Open Space for conservation purposes.



Lot 901 is solely located within the Rural residential zone – Rural landscape and environment precinct which is the lot in which is proposed to be subdivided.

Lot 802 is located within the Emerging community zone and forms part of Stage 6 of Huntington Rise and the subject application for the purpose of the road and conservation Lot. As such, no residential allotments are located within the Emerging community zone.

Specific outcome 3.3.7.1 (1) and (3) of the Rural residential areas elements states:

(1) Rural residential areas continue to support the lifestyle and amenity aspirations of residents in a semi-rural or bushland environment on very low intensity lots. They are not part of the urban area.

(3) Rural residential areas maintain their amenity and very low intensity and low-rise living environment. Subdivision is limited to existing rural residential areas. Development does not disrupt local amenity and character. Sustainable eco-villages may be appropriate where landscape character and ecological values are maintained.

Officers acknowledge that the lot sizes proposed do not comply with the prescribed minimum lot size of 16,000m2. A lot with an area of 2,000m2 is not considered to support the lifestyle and amenity of the semi-rural environment and would result in a change of character of the area. As part of the Information request Officers sought to include proposed Lot 2 within the Public Open Space Lot. The applicant as part of the response, redesigned the lot configuration to ensure that Lot 2 was located within already disturbed area. Lot 2 as the development is currently proposed, would allow ‘as of right’ clearing to the vegetation which is considered to be of environmental significance and would limit fauna movement and segment the ecological values of this area. Notwithstanding the modification proposed by the applicant, officers remain unsupportive of lot 2, due to the minimal size of the lot in comparison to lots within the vicinity.

To the north west of the site, development forms part of the Riverstone Crossing – The Haven Estate which comprises of 66 residential allotments. 52 of the allotments are approved as ‘small lot park residential’ and have a minimum lot size of 2,000m2 and the 14 remainder allotments are approved as ‘large lot park residential’ and have a minimum lot size of 4,000m2.

The average lot size of the small lot park residential is 2,131m2. The average lot size of the large lot park residential is 7,192m2. The average lot size for this development is 3,204m2.


13 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 Development to the south west of the subject site forms the Huntington Downs Estate which gains access via Maudsland Road. The Huntington Downs Estate comprises of 78 rural residential allotments that range in size from 4006m2 to 7356m2 with an average lot size of 4,701m2. The proposed road connection is located at the entrance of the Huntington Downs Estate.

To the north east and east of the subject site is the Huntington Rise Estate. Stage 6 adjoins the subject site and is approved for 47 residential allotments. The average lot size achieved for stage 6 is 871m2 with the minimum lot size proposed being 450m2 where located within the courtyard precinct. The application approved eight (8) courtyard lots. Officers acknowledge that the to the north of the subject site is Stage 6 of Huntington Rise where lot sizes are on average 871m2.

The subject site is located within an area that is merging away from the urban residential to the semi-rural landscape where there is a distinct change in landscape and site constraints. The lot sizes directly to the south and the west are representative of the very low intensity lots.

The integrity of the existing lot size and character of the rural residential area is therefore important in preserving the existing development patterns which is necessary to achieve the intended outcome of the rural residential areas.

As discussed above, in order to maintain the amenity and very low intensity and low-rise living environment, Officers have included a condition within the Officers Recommendation that requires the applicant to submit amended drawings to amalgamate proposed Lot 2 with proposed Lot 3 for the purpose of Public Open Space (conservation).

Proposed Lot 1 has an area of 4,171m2 and is contained within the existing cleared area of the site, the lot size has been determined by the new road connection point with Huntington Rise stage 6 and the safe intersection site distance with Huntington Drive and Maudsland Road.

It is considered that the lot size proposed for Lot 1 is suitable for the character of the area and is consistent with the surrounding lots within the Rural residential zone which forms a suitable transition from large lot rural residential through to low density detached dwellings.

Proposed lot 1 is appropriately sized and dimensioned to be consistent with the character of the local area and can accommodate the siting of buildings to maintain the very low intensity and low-rise living environment. The subdivision will ensure that there is a transition from large lot rural residential to low density residential development that does not compromise the very low intensity character of the area.

Ecological considerations:

Specific outcome 3.3.7.1 (2) of the Rural residential areas elements states:

(2) Rural residential areas protect and enhance bushland, waterways and wetlands, habitat trees and wildlife corridors. They help maintain the city’s green frame, particularly on the Hinterland ranges and foothills. These areas may be subject to private conservation agreements.

The environmental significance of the site is as follows:

The site is identified as containing significant remnants. The eastern portion of the site is identified as containing koala habitat and state significant

species. The eastern portion of the site is identified as containing medium priority vegetation. The subject site is identified to be directly adjacent to a dam and watercourse (east within

proposed conservation area) mapped as a minor watercourse.


14 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 The proposed development includes the dedication of proposed Lot 3 as Public Open Space (Conversation).

The amalgamation of proposed Lot 2 with proposed Lot 3 will ensure that the development protects and enhances bushland, waterways, habitat trees and wildlife corridors.

The amendments to the plan of subdivision will ensure the mapped area of vegetation and achieve a 3.036 hectare conservation area to be incorporated into the larger conservation area dedicated under Huntington Rise Stage 4 approval.

Specific outcome 3.7.4.1 (1), (2) and (4) of the Nature conservation element states

(1) The Gold Coast’s biodiversity areas and other matters of environmental significance are conserved, protected, enhanced and managed to maintain a diversity of terrestrial, aquatic and marine species, ecosystems and ecological processes. Poorly protected regional ecosystems and habitat for threatened species, such as koalas, are enhanced.

(2) Biodiversity areas are fundamental elements of the city’s green space network. These areas are conserved to maintain the diversity of terrestrial, aquatic and marine species, ecosystems and ecological processes. Mapped biodiversity areas include:

(c) substantial remnants of intact areas of vegetation that retain and enhance the diversity, extent and condition of habitat by avoiding impacts that originate from their urban context.

(4) In biodiversity areas, matters of environmental significance including vegetation and habitat for native flora and fauna are protected in situ, and degraded areas are restored to improve habitat quality and connectivity.

In support of the application, a rehabilitation management plan has been provided by the applicant for the full disturbance area associated with the dam and further throughout proposed Lot 3, to ensure that all areas that are disturbed, cleared or modified are rehabilitated to maintain the identified matters of environmental significance.

The proposed development includes disturbance to the existing dam located on the subject site. The dam is located within the Public Open Space (conservation) Lot which will be transferred to Council. The Natural Areas Management Unit (NAMU) has recommended that prior to the transfer of Public Open Space for conservation purposes, the dam be decommissioned and the channel restored to a natural creek system with some deeper pools that will provide greater habitat values than the existing dam.

As the dam has limited environmental value, NAMU supports the dewatering of the dam. Keeping the dam in its current circumstances could result in ongoing and potentially unforeseen maintenance costs, as well as possible public liability issues if the dam wall fails.

The Natural Areas Management Unit (NAMU) does not support the retention of the dam for the following reasons:

NAMU and Environmental Officers have undertaken a site inspection to assess the dam and are concerned with the stability of the dam wall in its current form and given the large volume of water within the dam, if this was to collapse there will be significant impacts to the downstream property. Prior to the lodgement of the application, NAMU requested that a geotechnical report be submitted to certify the dam wall. This information was not provided and as such the geotechnical stability of the dam wall is unknown.


15 ADOPTED REPORT


From the site inspection it was also identified that there is deep erosion occurring on the wall of the dam. The erosion is occurring above the channel of the original creek, this damage needs to be investigated by a suitably qualified engineering geologist but is likely symptomatic of the ongoing maintenance and whole of life costs the City would have to fund if it was to approve dedication of the dam.

The Land Development Guidelines provides technical requirements for assets (manmade and natural) in public open space. Public Open Space standards SC6.9.4.2.3 – Natural components require public open space assets to be resilient, require minimal maintenance and be appropriate for the local and micro environment. The dam in its current form is required to be upgraded being a cost to the City as well as the life cost to maintain the dam if it was transferred to Council in its current form.

Specific outcome 3.8.2.1 (1) of the Landscape character element states:

(1) The distinctive rural, semi-rural and natural character of the city’s river valleys, hinterland settlements, extensive natural landscape areas, rural production areas and rural residential areas provide a clear hard edge to, and natural backdrop setting for, the city’s urban area.

The recommendation to remove proposed Lot 2 will ensure that the development is of a scale, size

and nature that will ensure the semi-rural character of the neighbourhood is sustained and

encouraged. The amended development will ensure that the natural values of the environmental

significant areas are not compromised. Proposed Lot 1 has an area of 4,171m2 which is considered

sufficient to protect and enhance the localities natural landscape character. The lot layout ensures that

there is a clear hard edge to the conservation area providing a natural backdrop setting for the future

residents.

Therefore, the proposal minimises impacts on ecological processes and scenic amenity values, provides for a development outcome which is consistent with expectations for development activity in the locale being very low intensity and low-rise.

Transport:

The purpose of the application is to facilitate a new road connection between Stage 6 of the Huntington Rise Estate and Huntington Drive. The total area of new road is approximately 1,900m2 and will have a total length of 94 metres. This road connection will service the Huntington Rise Estate to the north and was envisaged as part of the Huntington Rise Estate Preliminary Approval (Council Ref: MCU201501231).

Specific outcomes (2) and (5) of the Transport system efficiency element states:

(2) Local road networks are permeable and legible to facilitate high connectivity, an effective public transport system and increased walking and cycling.

(5) The type, location and design of development achieves a safe and efficient transport system by:

(a) ensuring appropriate controls for the number, size and position of vehicle access points;

(b) facilitating a functional road hierarchy; and

(c) minimising direct vehicle access to higher-order roads.


16 ADOPTED REPORT


The applicant has submitted a Traffic Impact Assessment (TIA) in support of the proposed new road. The applicant is proposing a priority t-intersection which is considered to be appropriate for the proposed new road being an extension to Buckingham Road (within stage 6 of the Huntington Rise Estate) and Huntington Drive intersection. The TIA has confirmed that the intersection meets the minimum intersection sight distance requirements and that the required turn treatments are proposed in accordance with the Austroads manual. In this regard the intersection will include Type BAR (basic right) and BAL (basic left) turn treatments based on the low volumes of traffic.

Details of minimum Safe Intersection Sight Distance (SISD) are:

Travel Direction Normal Design Domain (NDD)

Extended Design Domain (EDD)

Actual distance at the proposed intersection

Northbound (towards Maudsland Road)

98 metre 78 metre 89 metre

Southbound (away from Maudsland Road towards intersection)


The location of the intersection has been designed to be responsive to the natural contours of the land, environmental constraints and the safe intersections sight distance. The proposed road facilitates connection to the surrounding development; minimises the travel distances and will ensure that there is a well-connected and legible street network.

Specific outcomes (4) of the Transport system efficiency element states:


17 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 (4) Development does not compromise the function of existing and future transport corridors,

including roads, public transport and active transport corridors.

The subject site adjoins Maudsland Road which is a State controlled road. The development application was referred to the department under the following provision of the Planning Regulation 2017:

Schedule 10, Part 9 Division 4, Subdivision 2, Table 1, Item 2 – Reconfiguring a Lot near a state transport corridor.

Schedule 10, Part 9, Division 4, Subdivision 2, Table 3, Item 1 – Reconfiguring a Lot near a state transport corridor.

The State has reviewed the proposed new road and allotments and have no concerns with the location of the intersection. The Department of State Development, Manufacturing, Infrastructure and Planning have provided a condition of approval as follows:

Direct access is not permitted between Maudsland Road and the subject site. No direct lot access is proposed as part of this application, access to proposed Lot 1 will be either along the new road (Buckingham Road) of Huntington Drive. This will ensure that vehicle movements will not compromise the function of existing transport corridor.

Summary of Strategic framework

The proposal is considered to support and promote the Strategic framework for the following reasons:

In order to maintain the amenity and very low intensity semi-rural character of the area, Officers recommend the removal of proposed Lot 2 and the subject land to be amalgamated with proposed Lot 3 for the purpose of Public Open Space (conservation).

Proposed Lot 1 has a site area of 4,171m2 and is located within the existing cleared area of the site to ensure that matters of environmental significance are not impacted on by the development.

The proposed lot size of 4,171m2 is considered to be suitable for the character of the area and is consistent with the surrounding lot sizes within the Rural residential zone. The lot size proposed provides a suitable transition from large lot rural residential through to low density detached dwellings.

The proposal is of a scale, size and nature that will ensure the semi-rural character of the neighbourhood is sustained and encouraged whilst ensuring that the natural values of the environmental significant areas are not compromised.

The mapped area of medium priority vegetation, koala habitat and state significant species are protected and incorporated within proposed Lot 3 which will be transferred to Council as public open space for the purpose of conservation.

The proposal minimises impacts on ecological processes and scenic amenity values, provides for a development outcome that is consistent with expectations for development activity in the locale being very low intensity within a semi-rural setting.

The location of the intersection has been designed to be responsive to the natural contours of the land, environmental constraints and the safe intersections sight distance.

The development allows for a new road connection between Stage 6 of the Huntington Rise Estate and Huntington Drive.

No direct lot access is proposed as part of this application, access to proposed Lot 1 will be either along the new road (Buckingham Road) of Huntington Drive. This will ensure that vehicle movements will not compromise the function of existing transport corridor.


18 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 5.3.2 Assessment against the codes

The following is an assessment of the application against the applicable codes of the City Plan identified in the table below:

Zone code Overlay codes Development codes

Rural residential zone code; &

Emerging community zone code

Bushfire hazard overlay code

Landslide hazard overlay code

Ecological significance overlay code

General development provisions code;

Reconfiguring a lot code;

Transport code;

Change to ground level and creation of new waterways code

5.3.2.1 Assessment against the zone code

The proposal has been assessed against the Rural residential zone code and the Emerging community zone code.

The purpose of the Rural residential zone code is to:

(1) The purpose of the Rural residential zone code is to provide for residential development on large lots where local government infrastructure and services may not be provided on the basis that the intensity of residential development is generally dispersed.

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

(a) Land uses –

(i) support the rural lifestyle and amenity aspirations of residents residing in the semi-rural or bushland environment;

(ii) provide low rise, very low intensity residential accommodation such as Dwelling houses, and Short-term accommodation (farm stays);

(iii) preserve the matters of environmental significance and topographical features of the land by integrating uses of appropriate scale amongst the landscape;

(iv) non-residential uses such as Child care centres, Shops and Clubs may be appropriate where they meet the day-to-day needs of the residential catchments and do not compromise the amenity and character of the zone and local area;

(v) that have potential for higher impacts on amenity but contribute to the semi-rural use of the zone may be considered where they are appropriately designed and located, such as Animal keeping, Animal husbandry and Intensive horticulture;

(vi) that do not directly relate to the semi-rural operation of the zone may be considered such as Garden centres, Veterinary services, Community care centres, Community uses, Education establishments, Places of worship, Environmental facilities and Tourist attractions, Emergency services and Transport depot where they do not compromise the amenity and character of the zone; and

(vii) do not detract from the residential amenity of the area.

(b) Character consists of –

(i) very low intensity and low rise environments; and


19 ADOPTED REPORT


(ii) private acreage or bushland living, typically situated along natural landscape settings like ridgelines or valleys with the intention of being separated from urban services and providing a high amenity lifestyle choice.

(c) Built form –

(i) is very low intensity, low rise and well setback from property boundaries to ensure privacy for adjacent residences and to preserve the very low intensity character of the zone;

(ii) maintains a low site cover to promote the semi-rural or bushland setting; and

(iii) respects natural landscape values of semi-rural and bushland environments.

(d) Lot design –

(i) results in lot sizes and dimensions appropriate for the large lot residential locality that recognise the site’s inherent values, constraints and character and supports very low density;

(i) provides an average lot size of no less than 8,000m² to protect local amenity and character. To respond to the various constraints found in the zone the lot sizes may vary provided that no lot has an area less than 4,000m2; and

(ii) additional outcomes where identified on the Minimum lot size overlay map:

� facilitates the subdivision pattern and desired character of the locality by meeting the minimum lot size identified on the Minimum lot size overlay map; and

� provides connection to reticulated sewerage in accordance with SC6.9 City Plan Policy – Land development guidelines, where the lot size on the Minimum lot size overlay map is equal to or less than 2500m2.

(e) Variations in the zone are –

(i) Rural residential landscape and environment precinct.

(3) The purpose of the Rural residential landscape and environment precinct will be achieved through the following additional overall outcomes:

(a) Subdivision avoids fragmentation of identified matters of environmental significance and natural landscape values.

(b) Low key nature based activities such as cafés, camping grounds, and eco-tourism may be supported where they support the identified landscape and environment values.

(c) Inappropriate activities that may erode the matters of environmental significance, recreational, landscape and scenic amenity values of natural landscape and environment areas are not supported.

(d) Development supports the protection and regeneration of identified matters of environmental significance.

Officer’s comments:

Officers are recommending that proposed Lot 2 be removed and the area incorporated within proposed Lot 3 which will be transferred to Council as Public Open Space (conservation), with the inclusion of this amendment Officers considered that the proposed development meets the purpose of the Rural residential zone – Rural residential landscape and environment Precinct.

Proposed Lot 1 has an area of 4,171m2 which is considered to be suitably sized to support the rural lifestyle and amenity aspirations of residents residing in the semi-rural and bushland environment.

Whilst the proposed does not achieve a lot size of 16,000m2 the proposed subdivision seeks to maintain the existing lot size and character of the rural residential area is therefore important in preserving the existing development patterns which is necessary to achieve the intended outcome of the rural residential areas.


20 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 The intent of the precinct is to ensure that subdivision avoids fragmentation of matters of environmental significance and natural landscape values. The applicant is proposing to transfer 3 hectares of land as Public Open Space (Conservation) which includes all matters of environmental significance. The Public Open Space (conservation) lot directly adjoins 63 hectares of Public Open Space (Conservation) that was dedicated to Council as part of stage 4 of the Huntington Rise Estate. This will provided a consolidated area of conservation that prevents fragmentation of matters of environmental significance.

The proposed subdivision incorporates a new road that is an extension of Buckingham Road, which contributes to an effective and efficient road network. By utilising the existing road network the development ensures there is convenient vehicle access to the subject site.

Officers consider that the amended development meets the purpose of the Rural residential zone – Rural residential landscape and environment Precinct.

Under the City Plan, compliance with a code, can be achieved by either compliance with the purpose and overall outcomes of the code, or, compliance with either the performance outcomes or acceptable outcomes.

Officers have undertaken an assessment of all relevant provisions. The proposed development does not comply with the following applicable acceptable outcomes:

AO13.1 Minimum lot size

The development is assessed as being compliant with the corresponding performance outcomes, which, in accordance with section 5.3.3 of the City Plan, means the development complies with the purpose and overall outcomes of the code – therefore complies with the code, as demonstrated below:

Lot design (for subdivision only)

Performance outcome Acceptable outcome

PO13

Rural residential landscape and environment precinct

Lots are of a size that:

(a) promote the intent of the precinct; and

(b) prevent fragmentation of identified matters of environmental significance and natural landscape values.

Note: this provision does not apply to land that is to be dedicated to Council or State for open space or

infrastructure purposes.

AO13.1

Rural residential landscape and environment precinct

Minimum lot size is 16,000m².

Officer’s comment

Council Officers are satisfied that the proposed development meets the intent for lot design. The applicant has proposed an alternate outcome to AO13.1 as the proposal incorporates a minimum lot size of 2,000m2.

Proposed lot sizes:



21 ADOPTED REPORT



Table 5.6.1 Reconfiguring a lot for the Rural residential zone – Rural landscape and environment precinct prescribes a minimum lot size of 16,000m2. The proposed development is to facilitate a road connection from Stage 6 of Huntington Rise Estate to Huntington Drive through the subject site and as a result two (2) lots are proposed to be created.

The allotment configuration of proposed lot 1 has been determined by the point of road connection with the Huntington Rise Estate to the north and the safe intersection sight distance on Huntington Drive from Maudsland Road. Whilst the two connections points are in fixed locations the design of the road has taken into consideration matters of environmental significance and medium geotechnical hazard of the site. As a result of the new road location proposed Lot 1 is unable to be amended to increase the lot size. However, Officers considered that Lot 1 promotes the intent of the Rural residential zone – Rural residential landscape and environment precinct as development should support the protection and regeneration of matters of environmental significance. Proposed lot 1 is clear of any significant vegetation and is currently improved by an estate sales office. The lot size proposed is consistent with the character of the area and will provide a suitable transition from the Detached dwelling zone to the Rural residential zone.

Proposed Lot 2 is located on the southern side of the new road which is land identified as environmentally significant. Due to the ecological constraints of the land on the southern side of the road, the lot size is unable to be increased. A lot with an area of 2,000m2 is not considered to support the intent of the precinct and the amenity of the semi-rural environmental and would result in a change of character of the area. As such, Officers have included a condition within the Officers Recommendation that requires the applicant to submit amended drawings to include proposed Lot 2 within proposed Lot 3 for the purpose of Public Open Space (conservation).

The proposed development with the amalgamation of proposed Lot 2 and 3 achieves a balance of a reasonable environmental and development outcome that is consistent with the character of the area.

The intent of the precinct is to ensure that subdivision avoids fragmentation of matters of environmental significance and natural landscape values, as part of the proposed development the applicant is seeking to transfer 3 hectares of land as Public Open Space (Conservation) which includes all matters of environmental significance. The Public Open Space (conservation) lot directly adjoins 63 hectares of Public Open Space (Conservation) that was dedicated to Council as part of stage 4 of the Huntington Rise Estate. This will provided a consolidated area of conservation that prevents fragmentation of matters of environmental significance.

Officers acknowledge that proposed lot 1 does not meet the prescribed minimum lot size, however complies with Performance outcome 13 of the Rural residential zone code.

Emerging Community Zone


AO5 Minimum lot size



22 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 Lot design (for subdivision only)


PO5

Lots are of a size that do not compromise the development potential of the land until such time as appropriate detailed planning has been completed.

AO5

Minimum lot size is 4ha.

Officer’s comment

The proposed development is located within two (2) zones, with Lot 901 is solely located within the Rural residential zone – Rural landscape and environment precinct which is the lot in which is proposed to be subdivided.

Lot 802 is located within the Emerging community zone and forms part of Stage 6 of Huntington Rise and the subject application for the purpose of the road and conservation Lot.

The proposed development does not result in a residential allotment being created within the Emerging community zone. The proposed Public open space allotment that protects matter of environmental significance is located within the emerging community zone and will result in no further subdivision of this land.

5.3.2.2 Assessment against the overlay code

The proposal has been assessed against the following overlay codes:

Bushfire hazard overlay code

Landslide hazard overlay code

Ecological significance overlay code


Landslide hazard overlay code:

AO5 - Slope constraints and stability

Bushfire hazard overlay code:

AO1 – Bushfire hazard


Landslide hazard overlay code:

Slope constraints and stability


PO5 Development on any lot partially or completely mapped as moderate, high or very high landslide hazard, as identified on the Landslide hazard overlay map, is supported by an RPEQ

AO5

A geotechnical stability assessment report, which is prepared and certified by an RPEQ, includes:

(b) a site-specific landslip susceptibility


23 ADOPTED REPORT


certified geotechnical report, which adequately assesses and documents the site’s geotechnical stability and constraints, and incorporates necessary mitigation measures so that the level of landslide risk to property and persons is low.

frequency analysis, including analysis of each proposed lot;

(g) certification from the RPEQ confirming that the site (and for subdivisions, each proposed lot) achieves a landslide risk rating of ‘low’ or better and the site/lot is suitable for its intended use; and

(h) recommendations for any necessary mitigation measures, construction measures and design changes to be implemented to ensure the stability of the site and adjoining areas is not adversely affected and to ensure long-term stability of the site.

Officer’s comment

In response to Council’s Information request the applicant submitted an amended geotechnical report certified by an RPEQ that detailed the following:

Proposed Lot 1 has a value of the relative susceptibility 0.119 (Very Low Landslide Hazard rating);

Proposed Lot 3 should not be developed for residential purposes due to the steepness of the land (greater than 18º);

Proposed Lot 3 will not be developed for the purpose of residential, this allotment will be transferred to Council as Public Open Space (conservation). It is considered that the proposal as amended meeting the intent of Performance outcome 1 as proposed Lot 1 has been determined to have a very low landslide hazard.

Bushfire hazard overlay code:

Bushfire hazard


PO1

In a bushfire hazard area, the fire mitigation methods used at the site are adequate for the bushfire hazard of the individual site, having regard to:

(a) vegetation type;

(b) slope;

(c) aspect;

(d) bushfire history;

(e) conservation values of the site;

(f) ecological restoration, including forest succession;

(g) ongoing maintenance;

(h) climate change; and

(i) on site and off-site1 fire hazard implications.

Note1: This includes potential hazard from land up to 10kms away from the site. For example, how might large tracts of forest away from the site impact on the bushland that surrounds the site.

AO1

A written assessment by a suitably qualified and experienced bushfire management consultant confirms that the site is not in a bushfire hazard area.

OR

The development complies with an approved Bushfire management plan prepared in accordance with SC6.3 City Plan policy – Bushfire management plans.

OR

The development complies with an existing approved Bushfire management plan as referenced within the approved reconfiguration of a lot.

Note: Prior to:

(a) plan sealing for a Reconfiguration of a lot; or

(b) the issue of a Building final or Certificate of classification for Building work; or

(c) the commencement of use where


24 ADOPTED REPORT


building work is not proposed.

Whichever comes first, the applicant must submit to Council, certification from an appropriately qualified and experienced person that the development has been completed in accordance with, and complies with the approved Bushfire management plan and that all risk treatments are functioning in accordance with the approved plan.

Officer’s comment

Proposed Lot 3 has been identified as medium potential bushfire hazard. The applicant did not provide a bushfire management plan as part of the proposed development as the subject site was included within the approved bushfire management plan for Stage 4 of Huntington Rise. As such it was not considered necessary for a bushfire management plan to be submitted as part of this application.

5.3.2.3 Assessment against development codes

The proposal has been assessed against the following development codes:

Reconfiguring a lot code

Healthy waters code Change to ground level and creation of new waterways code General development provisions code Works for infrastructure code


Healthy waters code:

AO1 – Stormwater quality

AO2 – Stormwater quantity

AO4 – Protection of natural flows (discharge)

AO6 – Erosion and sediment control (ESC)

Reconfiguring a lot code:

AO3 – Road access


Healthy waters code:

Stormwater quality Stormwater quantity Protection of natural flows (discharge) Erosion and sediment control (ESC)


25 ADOPTED REPORT



PO1

Development appropriately manages stormwater quality to:

(a) protect natural ecosystems;

(b) integrate stormwater treatment into the urban landscape;

(c) protect water quality;

(d) reduce runoff and peak flows; and

(e) meet the water quality objectives and environmental values for Queensland waters.

Note: Water quality objectives and environmental values for Queensland waters are contained within Schedule 1 of the Environmental Protection (Water) Policy 2009. Water quality objectives are locally specific and vary between and within river catchments.

AO1.1

Where development is:

(a) for a dwelling house, dual occupancy or multiple dwelling on a lot less than 5000m²; or

(b) light industry or business activity on a lot less than 2500m²,

it complies with the ‘Deemed to comply’ requirements detailed in the Stormwater quality management guidelines in SC6.9 City Plan policy – Land development guidelines.

AO1.2


(a) for a dwelling house, dual occupancy or multiple dwelling on a lot equal to or more than 5000m² but less than 1.25 ha; or

(b) light industry or business activity on a lot equal to or more than 2500m² but less than 1.25 ha;

(c) it complies with the ‘Deemed to comply’ requirements detailed in the Stormwater quality management guidelines in SC6.9 City Plan policy – Land development guidelines.

AO1.3

Where development is not listed in AO1 a Stormwater Quality Management Plan is prepared by a suitably-qualified person in accordance with the Stormwater quality management guidelines in SC6.9 City Plan policy – Land development guidelines.

PO2

Stormwater quantity management outcomes demonstrate no adverse impact on stormwater flooding or the drainage of properties external to the subject site.

AO2

A stormwater quantity management plan is prepared by a suitably qualified person and demonstrates:

(a) achievable stormwater quantity control measures for discharge during both the construction and operational phases of development designed in accordance with the Queensland Urban Drainage Manual (QUDM) unless subject to specific requirements of SC6.9 City Plan policy – Land development guidelines;

(b) on-site detention systems that are designed to restrict peak outflows for Q2, Q5, Q10, Q20 Q50 and Q100 to pre-development conditions.

PO4

Construction and operational activities avoid or minimise adverse impacts of altered stormwater

AO4

Development achieves the Frequent Flow Management and Waterway Stability


26 ADOPTED REPORT


quality and quantity. Management design objectives as stated within Chapter 2 – Section 2.4.2 of the Urban Stormwater Quality Planning Guidelines 2010.

Note: A site Stormwater Quality and Quantity Management Report prepared by a suitably qualified person is Council’s preferred method required to be submitted to Council to address this Acceptable outcome.

The intent in the above guidelines (Urban Stormwater Quality Planning Guidelines 2010) can be achieved by adopting Water Sensitive Urban Design (WSUD) concepts within the development.

PO6

Development does not cause erosion or allow sediments to leave the site.

AO6

An Erosion hazard assessment completed in accordance with the criteria in Table 9.4.5-3 is undertaken to establish the level of risk for soil erosion and sediment pollution to the environment.

Where the Erosion hazard assessment has a risk score less than or equal to 10:

A deemed to comply report is prepared by a suitably qualified person for Council approval, including conceptual location and design drawings of each treatment measure in plan and section views, in accordance with the Best Practice Erosion and Sediment Control: International Erosion Control Association, (IECA) 2008, Australasia Chapter 2008.

Where the Erosion hazard assessment has a risk score greater than 10:

A conceptual erosion and sediment control plan (ESCP) is prepared by a suitably qualified person for Council approval in accordance with the Best Practice Erosion and Sediment Control: International Erosion Control Association, (IECA) 2008, Australasia Chapter 2008.

Officer’s comment

Council’s Hydraulic Engineers have assessed the proposed development against the Healthy waters code and considered that the development meets Performance outcome 1, 2 and 4 as the development will have no adverse impacts on stormwater flooding or the drainage of properties external to the subject site.

The applicant has not submitted adequate information demonstrating compliance with acceptable outcomes of PO6 of Healthy waters code. A full erosion hazard assessment report has not been undertaken in response to AO6. Moreover, adequate information has not been provided demonstrating how the proposal complies with PO6 - Erosion and sediment control of the above code. However, Officers are recommending that a condition be included within the Officers recommendation for erosion and sediment control management plan to be submitted in accordance with the City Plan policy and Best Practice Erosion and Sediment Control Guidelines (IECA Australasia, November


27 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 2008) to ensure compliance with the Healthy waters development code.

Reconfiguring a lot code:

Road access


PO3

Lot configuration provides safe and efficient access for vehicles and pedestrians.

AO3

All lots have legal road access in accordance with SC6.9 City Plan policy – Land development guidelines.

Officer’s comment

The applicant’s information response of included an amended Traffic Report (titled: Maudsland Road Huntington Rise Estate Response to Council Request for Information, project number: 721415, dated 12 June 2018). The amended Traffic Report includes that 85th percentile speeds at the northbound (towards Maudsland Road) and at the southbound (away from Maudsland Road towards intersection). Both 85th percentile speeds (i.e. 49 km/h and 45 km/h) are slower than the legal speed limit of 50 km/h. Cardno adopts the Extended Design Domain (EDD) principles of the Austroads Part 4A due to geometry constraints (e.g. the crest section of Huntington Drive). Cardno provides the EDD compliance review as their justifications. The Subdivision Engineering Section has no objection for the proposed design principle. Details of minimum Safe Intersection Sight Distance (SISD) are:

Travel Direction Normal Design Domain (NDD)

Extended Design Domain (EDD)

Actual distance at the proposed intersection

Northbound

(towards Maudsland Road)


Southbound

(away from Maudsland Road towards intersection)


Therefore, the proposed location of the proposed intersection does comply with the requirements of PO3 of the Reconfiguring a Lot Code. Design and construction requirements for the proposed new road are consistent with Buckingham Road which was approved within stage 6 of Huntington Rise Estate.

6 INFRASTRUCTURE CHARGES

The final estimated infrastructure charge is $9,623.67.

Charges Resolution No. 1 of 2018 Qty Rate Gross Charge Amount ROL Proposed Lot 1 Lots @ $ 28,641.87 $ 28,641.87 $ 28,641.87

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

$ 28,641.87 $ 19,018.20 $ 9,623.67

Applied credit details

Credit applied for existing Lot 901SP279990 (less Sewer Network).


28 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 7 LOCAL PLANNING INSTRUMENTS THAT MAY BE MATERIALLY AFFECTED BY THE

DEVELOPMENT

The proposal does not trigger assessment against any assessment benchmarks for another local government area materially affected by the development.

8 REFERRALS

8.1 Internal referrals

This application has been assessed by internal referral officers who have provided comments and reasonable and relevant conditions. An overview of the recommended conditions are provided in the table below:

Internal city expert Conditions

Environmental Assessment

Condition summary:

Approved Plans Amended Plans (Changes to Ground level component) Vegetation clearing Supervision of works Certification of works

Geotechnical Engineering

Condition summary:

Approved Plans Certification of works - Geotechnical Engineering

Hydraulics and Water Quality

Condition summary:

Approved Plans Overland flow paths and hydraulic alterations Erosion and sediment control Plan Certification of works - Hydraulics and Water Quality

Open Space Assessment

Condition summary:

Land transfer Landscaping works within public open spaces Boundary fences Batters and retaining walls (Specific condition)

Operational Works

Condition summary:

Approved drawings Rectification of Council’s infrastructure Earthworks Batters Certification of works Supervision of works Availability of approved plans, drawings and reports Haulage access/site management plan Transport of soil/fill/excavated material Erosion and sediment control Pre-start inspection Hold point inspection On/off maintenance (Practical Completion) Bond


29 ADOPTED REPORT


Subdivision Engineering

Condition summary:

New roads Buckingham Road/Huntington Drive intersection Footpaths Street lighting Electrical reticulation Telecommunications network Connection to Permanent survey marks Certification of works - Subdivision Engineering

Water and Waste

Condition summary:

Rectification of Council’s infrastructure Water reticulation Fire loading

8.2 External referrals

The application was referred to the following external agency(s):

Concurrence agency(s)

Department of State Development, Manufacturing, Infrastructure and Planning: o Schedule 10, Part 9 Division 4, Subdivision 2, Table 1, Item 2 – Reconfiguring a Lot near

a state transport corridor; o Schedule 10, Part 9, Division 4, Subdivision 2, Table 3, Item 1 – Reconfiguring a Lot near

a state transport corridor.

On 22 January 2018, the Department of State Development, Manufacturing, Infrastructure and Planning provided a Concurrence agency response with conditions of approval.

The conditions imposed by the State are in relation to no direct access is permitted between Maudsland Road and the subject site.

The reason for this decision is to ensure access to the State controlled road from the site does not compromise the safety and efficiency of the state-controlled road.

9 PUBLIC NOTIFICATION

9.1 Overview

In response to public notification:

Two (2) properly made submissions were received, consisting of two (2) objections.

9.2 Compliance with public notification requirements

The applicant has submitted a notice of compliance stating public notification has been completed in accordance with the requirements of the Development Assessment Rules under the Planning Act 2016.

Council has reviewed the public notification material and considers the applicant has complied with the requirements of the Development Assessment Rules.

9.3 Accepted submissions

Clause 19.1(b) of the Development Assessment Rules allows the assessment manager to accept a submission even if the submission is not a properly made submission.


30 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 The issues raised through the submission refer to (insert details) have been considered in the body of this report.

In order for a submitter to have appeal rights under Schedule 1 of the Planning Act 2016, the submission must be a properly made submission.

In this instance, the assessment manager accepts the submission in accordance with Clause 19.1(b), however the submitter does not have appeal rights.

9.4 Issues raised in submissions

The main issues raised by submitters who made a properly made submission or a submission that has been accepted by the assessment manager are discussed below.

Issue Officer’s comment

Property devaluation Issues associated with property values are not

able to be considered under the Planning Act

2016 and do not fall within the parameters of the

City Plan.

Increase in crime Objections that have been received regarding

the fear in increased crime on by linking the

Huntington Rise Estate and the Huntington

Down Estate.

Increase in crime and low socioeconomic does

not fall within the parameters of the City Plan.

Increase in traffic / Road safety Multiple entry roads

Issues have been raised with the increase in traffic on Maudsland Road. Maudsland Road is a State controlled road and as such Gold Coast City Council has no ability to upgrade of condition for works to occur along Maudsland Road.

The application was referred to the Department of State Development, Manufacturing, Infrastructure and Planning due to the subject sites proximity to the state-controlled road. The response included conditions of approval to restrict the development have direct access to Maudsland Road.

Multiple entry roads for the Huntington Rise Estate and the surrounding residential areas:

The subject intersection will be a secondary entry road for the Huntington Rise Estate. This will provide opportunities of traffic distributions to residents within the Huntington Rise Estate. Visitors (from outside of the Huntington Rise Estate) will have an opportunity to have a shorter route for their final destinations within the Huntington Rise Estate.


31 ADOPTED REPORT


This multiple road connection concept is aligned with the contemporary traffic engineering concepts (e.g. high level of road connectivity for all traffic modes such as pedestrians, cyclists and vehicles).

The connection has been identified on the Huntington Rise Preliminary Approval plan however; as the land did not form part of the approval the application has been lodged against the City Plan. The proposed road connection whilst not part of the Huntington Rise Estate is considered to meet the intent of the Preliminary Approval.

The applicant has submitted a traffic impact assessment (TIA) that supports the proposed location and provides a safe intersection sight distance that meets the requirements of the Austroads manual.

A condition has been included within the Officers recommendation that will sure the new intersection in accordance with Austroads manual.

10 CONCLUSION

Council is in receipt of an application for a Development Permit for Reconfiguring a Lot for two (2) Freehold Lots, New Road and Public Open Space; and a Development Permit for Operational Works Changes to Ground Level located at Huntington Drive, Maudsland; & Maudsland Road Maudsland, properly described as Lot 901 on SP279990; & Lot 802 on SP289807.

To ensure compliance with the Rural residential, New communities and Living with nature elements of the Strategic framework, the Rural residential zone, Rural landscape and environmental precinct and the applicable overlay and development codes Officers are recommending the amalgamation of proposed Lot 2 and 3 for the purpose of Public Open Space (conservation).

Based on the recommendation to remove proposed lot 2, it is determined that the proposal meets the requirements of relevant assessment benchmarks.

It is recommended the application be approved, subject to conditions.

11 NOTIFICATIONS

The following property notifications will be applied:

Geotechnical

Stormwater management

12 RECOMMENDATION


32 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 It is recommended that Council resolves as follows:

That Council approves (with conditions) the issue of a Development Permit for Reconfiguring a Lot for One (1) Freehold Lot, New Road and Public Open Space; and a Development Permit for Operational Works Changes to Ground Level; as follows:

General

1 Timing

a All conditions of this development approval must be complied with at no cost to Council at all times unless otherwise stated in another condition.

b Where the timing in a condition is prior to commencement of the use and a Building Format Plan is lodged for approval, the timing in the condition changes from being prior to commencement of the use to being prior to the earlier of the commencement of the use and approval of the plan of subdivision. This timing requirement prevails despite any inconsistency with the timing requirement in another condition.

2 Amended drawings

Prepare and submit amendments to the drawings for confirmation they constitute the approved drawings for the purposes of this development approval. All amended drawings must be submitted (and confirmed by Council) prior to commencement of any works on site.

Drawing Title Author Date Drawing No. Ver.

Plan of Subdivision allotment layout cancelling lot 901 on SP279990 and Lot 304 on SP289812

RPS 1 March 2018 20218-157 C

The following amendments must be included:

a Proposed Lot 2 is to be amalgamated with Proposed Lot 3 for the purpose of Public Open Space (Conservation).

3 Amended Plans

Prepare and submit amendments to the plans listed below for confirmation they constitute the approved plans for the purposes of this development approval. All amended plans must be submitted (and confirmed by Council) prior to commencement of any works on site:


Plan Title Author Date Rev

Stage 6 Road Connection – Rehabilitation Management Plan

e2m 16 April 2018 0


a Rehabilitation works are to occur over lot 2 which is required to be amalgamated with Lot 3 Public Open Space (conservation) in accordance with condition 2.

4 Approved Plans

Undertake and maintain the development generally in accordance with the following plans:



33 ADOPTED REPORT


Plan Title Author Date Plan Reference No. Ver

Conceptual Stormwater Management Plan – Huntington Rise Estate Stage 6

Cardno (Qld) Pty Ltd

December 2017

721415 3



Geotechnical Slope Stability and Landslide Hazard Assessment Proposed Lots 1, 2 & 3, Stage 6 Huntington Rise Estate Maudsland

Cardno 10 May 2018 06280/6-E

Property

5 Land transfer

a Transfer at no cost to Council, the land identified below:

Land to be dedicated

Purpose Drawing Title & Drawing No.

Author Date Ver

Lot 3 (3.036 ha) Conservation

Plan of Subdivision Allotment layout | Plan Ref. 20218-157

RPS 01 March 2018

‘C’

b Transfer the land identified above at the same time as registering the plan of subdivision.

c This condition attaches to the land the subject of the development approval and binds the owner(s) of the land and the owners’ successors in title (even after the time when the land transfer is required to be registered). Therefore if this condition is not complied with at the time required by this condition, the owner(s) of the land and other owners’ successors in title continue to be obligated to transfer the land in accordance with this condition and must do so within 40 business days of becoming aware on the non-compliance with this condition.

6 Overland flow paths and hydraulic alterations

a Leave unaltered the overland flow paths on the site, such that the characteristics of existing overland flows on other properties remain uninhibited and unchanged.

b The development must not:

i Increase peak flow rates downstream from the site

ii Increase flood levels external to the site

iii Increase duration of inundation external to the site that could cause loss or damage

7 Erosion and sediment control Plan

a Undertake works generally in accordance with the Healthy waters code of the City Plan;


34 ADOPTED REPORT


and include in particular:

i Sediment control structures e.g.: sediment fence, must be placed at the base of all materials imported on site to mitigate sediment run-off.

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

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

Environmental and Landscaping

8 Vegetation clearing

Obtain an operational works approval for vegetation clearing in accordance with the Vegetation management code of the City Plan, prior to commencement of any works on site at no cost to Council:


a The approved MCU / ROL layout plan. b The approved bushfire management plan. c A vegetation management plan identifying vegetation to be removed and retained. d A fauna management plan. e A sediment and erosion control and construction management plan.

9 Landscaping works within public open spaces

a Obtain an operational works approval to landscape all public open space generally in accordance with the Statement of Landscape Intent listed below, prior to a request is made to Council to approve the plan of subdivision at no cost to Council:

Drawing Title Author Date Drawing No. Ver

Stage 6 Road Connection – Rehabilitation management Plan

e2m 22 March 2018

- ‘A’


i Ensure street trees are planted within the road reserve directly fronting the site along new road created as part of this application from Maudsland Drive.

ii Street trees located generally in accordance with SC6.9.8 Land Development Guidelines – Standard drawing 05-103 Street tree planting set out guidelines for roadworks; and SC6.10.16 Road Reserves.

iii All street trees planted must be a minimum 100L bag size.

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

v Vehicle exclusion bollards are to be located on the boundary line between the road reserve and Lot 3 (conservation).

vi Include Council vehicular access to lot 3 (to be dedicated) including VXO, gate and lock.

vii All built structures and planting associated with an entry statement must be located within private property.

viii Provide annual maintenance costings and for all landscape items on public land relevant to the development for the duration of the ‘establishment’ and ‘on maintenance’ periods.

ix Include the approved rehabilitation management plan for lot 3 being transferred as


35 ADOPTED REPORT


public open space (conservation) as part of this approval.

b Construct and maintain the public open space identified above until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, section 6.9.6.

10 Boundary fences

a Construct a boundary fence between open space/private land. The boundary fence must be constructed prior to a request is made to Council to approve the plan of subdivision/ commencement of use.

b The boundary fence must be a maximum of 1.8 metres high and of minimum 50 per cent transparent construction.

11 Batters and retaining walls (Specific condition)

a All works associated with any structures including basements, batters, retaining walls and associated works proposed for private lots(s), must be contained wholly within the private lot and be setback a minimum of 200mm from the property boundary that adjoins any site proposed for open space, currently categorised as Public open space, or identified as being the Open space zone.

b No retaining wall structures are to be located on a boundary line adjoining, or located within public open space.

Engineering

12 Rectification of Council’s infrastructure

a Obtain an operational works approval for the rectification of any damage caused to Council infrastructure (including kerb, channelling, service pits, footpaths and water and sewer reticulation networks) prior to commencement of the use at no cost to Council.

b Construct and maintain the rectified Council infrastructure at no cost to Council prior to commencement of the use.

13 New roads

a Obtain an operational works approval for the design and construction of proposed extended Buckingham Road within the site marked on the drawings listed below prior to a request is made to Council to approve the plan of subdivision at no cost to Council:


Plan of Subdivision Allotment Layout Cancelling Lot 901 on SP279990 and Lot 304 on SP289812

RPS 01 March 2018

20218 - 157 C


i Road geometry (cross-section profile) for the proposed extended Buckingham Road to a modified ‘Residential Collector Street with Bus Route’ classification. This road must have a (minimum) 10 metre wide pavement and 5.0 metre wide verges on a (minimum) 20 metre wide road.

ii All roads are required to have ‘barrier’ kerb and channel.

b Construct and maintain the new road identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.

14 Buckingham Road/Huntington Drive intersection

a Obtain an operational works approval for the design and construction of the new extended


36 ADOPTED REPORT


Buckingham Road/Huntington Drive intersection prior to a request is made to Council to approve the plan of subdivision at no cost to Council:


i Basic Right (Type BAR) and Basic Left (Type BAL) turn treatments on Huntington Drive into Buckingham Road designed in accordance with the requirements of Section 7.5.7 of Austroads Guide to Road Design Part 4A:Unsignalised and Signalised Intersections.

b Construct and maintain the intersection identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.

15 Footpaths

a Obtain an operational works approval for the design and construction of all footpaths, prior to a request is made to Council to approve the plan of subdivision at no cost to Council and include in particular:

i (Minimum) 1.5 metre wide footpaths required along both sides of the new extended Buckingham Road within the site.

ii These new 1.5 metre wide footpaths must be connected with new (or existing) 1.5 metre wide footpaths within the Stage 6 of the Huntington Rise Estate.

b Construct and maintain the footpaths identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.

16 Street lighting

a Install a street lighting system, including connections and energising to the proposed extended Buckingham Road/ the proposed new intersection prior to a request is made to Council to approve the plan of subdivision at no cost to Council.

b Obtain an operational works approval for the location of the street lights.

c The street lighting system must:

i Achieve a minimum level of lighting in accordance with SC6.9 City Plan Policy – Land development guidelines, section SC6.9.2.1.4.

ii Associated wiring must be installed underground.

iii Be acceptable to the electricity supplier (e.g. Energex) as ‘Rate 2 Public Lighting’.

iv Meet the requirements of the electricity supplier (e.g. Energex).

d Construct and maintain the street lighting system at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.

17 Electrical reticulation

Design, construct and connect an electrical reticulation system at no cost to Council and include in particular:

a Provide underground electricity to proposed Lot 1.

b No additional poles and pole-mounted transformers are to be erected within public roads.

c Meet the requirements of the electricity supplier (e.g. Energex).

18 Telecommunications network

Design, construct and connect a telecommunications services network at no cost to Council and include in particular:


37 ADOPTED REPORT


a Provide underground telecommunications to proposed Lot 1 and pit and pipe infrastructure along public roads.

b All new pit and pipe infrastructure required to be installed along public road(s), must be suitably sized to cater for future installation of fibre optic cables.

c Meet the telecommunications industry standards (e.g. Telstra/NBN Co standards).

19 Connection to Permanent survey marks

a Connect all proposed lots to permanent survey marks (PSM’s) in accordance with SC6.9 City Plan Policy – Land Development Guidelines and Guidelines for Creation and Submission of ADAC.xml Files. All proposed lots must be connected to at least 2 permanent survey marks for inclusion in the City of Gold Coast Contributed Assets register.

b New permanent survey marks must comply with the requirements of SC6.9 City Plan Policy – Land Development Guidelines and include in particular:

i Be placed in locations to provide good coverage over the extent of the survey.

ii Be levelled on the Australian Height Datum and fixed with horizontal coordinates to the Map Grid of Australia (MGA 94) to a suitable Horizontal Positional Uncertainty (PU) < 30mm or better, Conventional 4TH order for vertical accuracy in accordance with Department of Natural Resources and Mines guidelines.

c Connect lots to permanent survey marks prior to a request is made to Council to approve the plan of subdivision.

Sewer and Water Works

20 Water reticulation

a Design, construct and connect a water connection for the each proposed lot to Council’s potable water supply network, prior to commencement of the use at no cost to Council and include in particular:

i Proposed lot 1 is to connect to the 150mm main located in Huntington Drive.

prior to commencement of the use at no cost to Council and include in particular: i Be in accordance with the SEQ Water Supply & Sewerage Design and

Construction Code (SEQ WS&S D&C Code), and the Gold Coast Water Network Modifications, Extension and Connections Policy Procedures.

ii The property service, water meter box and water meter must be provided at the boundary of the development site.

iii Conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted) to connect to Councils potable water supply network.

b Construct and maintain the water reticulation system at no cost to Council at all times.

21 Fire loading

Fire loading must not exceed 7.5 L/s for 2 hours duration.

Construction Management

22 Certification of works - Planning

Provide Council with certificates prepared by qualified experts from the disciplines listed below, confirming as follows:


Certified document

Certification date

Plan/ Drawing

Expert discipline

Requesting Council


38 ADOPTED REPORT


Section

Certificate for electricity supply

Prior to a request is made to Council to approve the plan of subdivision

- An authorised supplier (e.g. Energex)

Contributed Assets

The certification is to confirm:

Underground electricity supply is available to proposed Lots 1 and 2.


Certified document

Certification date

Plan/ Drawing

Expert discipline

Requesting Council Section

Contractual agreement (e.g.

Agreement Advice or Completion Letter from Telstra. Alternatively, a copy of Master Development Agreement or Small Development Agreement from NBN Co).


- The authorised telecommunication carrier (e.g. Telstra, NBN Co)

Contributed Assets


Underground telecommunication infrastructure has been undertaken and installed in accordance with telecommunications industry standards (e.g. Telstra / NBN Co standards).


Certified document

Certification date

Plan/ Drawing

Expert discipline


Written confirmation for Permanent Survey Marks works


- Registered Cadastral Surveyor

Contributed Assets


That all lots are connected to permanent survey marks in accordance with the requirements contained within the permanent survey marks condition.


Certified document

Certification

date

Plan/ Drawing

Expert discipline


Post- construction certification

Prior to a request is made to Council to approve the

- Registered Professional Engineer of Queensland



39 ADOPTED REPORT


plan of subdivision (RPEQ) specialising in geotechnical engineering


All advice and recommendations of the geotechnical report (titled: Geotechnical Slope Stability and Landslide Hazard Assessment Proposed Lots 1, 2 & 3, Stage 6 Huntington Rise Estate Maudsland, reference number: 06280/6-E, dated: 10 May 2018, , signed by Philip Shaw (RPEQ# 2581), prepared by Cardno) have been complied with and implemented on site.


Certified document

Certification

date

Plan/ Drawing

Expert discipline


Post construction certification


Conceptual Stormwater Management Plan – Huntington Rise Estate Stage 6 (Cardno, December 2017)

Registered Professional Engineer Queensland (RPEQ)

Hydraulics & Water Quality


All stormwater devices (quantity and quality) shown in the approved stormwater management plan and associated design drawings have been installed on-site in accordance with Council’s approved stormwater management plan and are functioning as designed.

Operational Works – Changes to Ground Level

General

1 Timing

All conditions of this development approval must be complied with at no cost to Council at all times unless otherwise stated in another condition.

2 Approved drawings

Undertake and maintain the development generally in accordance with the following drawings

Operational Works


Huntington Rise Stage 6 – Change to Ground Level Lot 901 on SP279990 DFC (HRPV) Pty Ltd


Oct.2017

721415-029-CI-0050

Drawing List and Site Layout Plan Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0051

B

Safety in Design Layout Plan Cardno (Qld) Pty 14.03.18 721415-029- C


40 ADOPTED REPORT


Ltd CI-0052

Control Line Setout Plan Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0053

B

Bulk Earthworks Legend and Notes Cardno (Qld) Pty Ltd

20.10.17 721415-029-CI-0054

A

Bulk Earthworks Layout Plan Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0055

C

Bulk Earthworks Depths Layout Plan Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0056

C

Site Sections Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0057

B

Road Typical Sections Cardno (Qld) Pty Ltd

13.12.17 721415-029-CI-0058

B

Road Longitudinal Sections Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0059

B

Erosion and Sediment Control Legend and Key Plan


20.10.17 721415-029-CI-0060

A

Erosion and Sediment Control General Notes


20.10.17 721415-029-CI-0061

A

Erosion and Sediment Control Phase 1 Layout Plan


14.03.18 721415-029-CI-0062

C



14.03.18 721415-029-CI-0063

C

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

3 Approved Plans





Cardno 10 May 2018 06280/6-E

4 Amended Plans

a Prepare and submit amendments to the plans listed below for confirmation they constitute the approved plans for the purposes of this development approval. All amended plans must be submitted (and confirmed by Council) prior to lodgement of an application for operational works – tree clearing and prior to works occurring on site:


Stage 6 Dam Dewatering Strategy - Fauna Management

e2m 21 December 2017 0


41 ADOPTED REPORT



i Remove any reference to Huntington Rise Stage 6 including associated approvals and environmental management plans;

ii Remove the tree clearing plans within Appendix A; iii Reference the approved reconfiguration of a lot including associated approvals and

environmental management plans; iv Include plans identifying the approved reconfiguration of lot layout and the extent

of approved earthworks.

Engineering


a Obtain an operational works approval for the rectification of any damage caused to Council infrastructure (roadworks including kerb, channelling, service pits, footpaths, water and sewer reticulation networks) prior to commencement of the use at no cost to Council.


6 Earthworks

a Construct the earthworks & private retaining walls identified in the approved drawings condition at no cost to Council in accordance with the standards and procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.

b Maintain the earthworks & private retaining walls identified above at no cost to Council at all times.

7 Batters

Batters within private Property

a Provide benching where any proposed freestanding batter height exceeds 2.5 metres.

b The absolute maximum height of any freestanding cut/fill batter with benching is 5.0 metres.

Batters within public open Space

a The maximum slope is 1 in 6. Commence stabilisation and vegetation immediately following completion of bulk earthworks.


8 Certification of works


Operational Works

Certified document

Certification date Plan/ Drawing

Expert discipline


Appendix C Certification from the Land Development Guidelines

Upon practical completion of works.

N/A Registered Professional Engineer Queensland (RPEQ)

Contributed Assets

The certification is to confirm: All works have been undertaken generally in accordance with the approval.


42 ADOPTED REPORT


Geotechnical

Certified document Certification date Plan/ Drawing Expert discipline


Geotech certification for stability



Contributed Assets


Cut/fill batters and retaining structures associated with the proposed development have been adequately designed based on existing geotechnical conditions of the site taking into account all predicted surcharge loadings; and they will achieve a long-term factor of safety greater than or equal to 1.5 against geotechnical failure.

Constructed cut/fill batters and retaining structures on the site have achieved adequate stability with a long-term factor of safety greater than or equal to 1.5 against geotechnical failure.

Geotechnical



Geotech certification for level 1



Contributed Assets


Earthworks have been carried out in accordance with AS 3798-2007: Guidelines on earthworks for commercial and residential developments.

Supervision of bulk earthworks was completed to Level 1 and the frequency of field density testing must be in accordance with Table 8.1 of AS 3798-2007.

Fill materials were placed in layers, watered if required and compacted to achieve the specified density ratio as specified in Table 5.1 - Minimum Relative Compaction of AS 3798-2007.


Certified document

Certification

date

Plan/ Drawing Expert discipline



Immediately after completion of all works on site

- Registered Professional Engineer of Queensland (RPEQ) specialising in geotechnical engineering




43 ADOPTED REPORT




Certified document Author Date Expert discipline



e2m 21 December 2017

DEHP approved spotter catcher



a All works have been undertaken in accordance with the approved Dam Dewatering Strategy - Fauna Management pursuant to condition 4.

9 Supervision of works

During construction of any works the following professionals must be appointed to supervise the below described actions:

Operational works

Expertise required of the suitably qualified professional

Actions to be overseen by the professional

Registered Professional Engineer of Queensland (RPEQ)

Bulk earthworks inspected to level 1 in accordance with AS3798-2007

Arboriculture



AQF Level 5 Arborist Supervise works occurring within the tree protection zone of trees to be retained.

Ensure works are undertaken in accordance with Australian Standards 4970 and 4373 and in a manner which ensures the future survival of trees to be retained.





Supervise all dam de-watering activities; Net the dam and relocate fauna prior to works;


44 ADOPTED REPORT


and Undertake further fauna mitigation actions in

accordance with the approved dam dewatering strategy.

10 Availability of approved plans, drawings and reports

Retain a copy of this decision notice and stamped approved plans, drawings and reports on site at all times during construction. Any contractors undertaking approved work (including tree removal or relocations) must be directly provided with a copy of these conditions and instructed as to the need to comply with them.

11 Haulage access/site management plan

a A Haulage access/site management plan must be prepared by a suitably qualified professional generally in accordance with the Change to ground level code, prior to any works commencing.

b The Haulage access/site management plan must include in particular: i Address the provision of vehicle barrier(s) along the frontages of the land to

ensure vehicles use approved crossovers ii Provide Loading/unloading operations. iii Address nuisance from dust, noise, vibration, smoke and material tracked onto

public roads as a result of hauling and filling operations and how complaints will be addressed.

iv Identity measures and work practices to ensure the site will be maintained in a clean and tidy state at all times including collection, storage and disposal of all waste materials.

v Identify measures and work practices to ensure non- recyclable debris transported from the site is disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council.

vi Identify measures and work procedures to ensure 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

12 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.

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

13 Erosion and sediment control

a Implement the erosion, sediment and dust control measures identified in the approved drawings at no cost to Council.

b Undertake works generally in accordance with the operational works approval and include in particular:

iv Sediment controls must be maintained and amended as necessary to ensure that the measures implemented conform to the Construction Phase stormwater management design objectives of the State Planning Policy 2017 (Appendix 2 Table A).

v Erosion, sediment and dust control measures must be implemented in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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


45 ADOPTED REPORT


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

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

ix The following inspection program must be carried out before the site is fully rehabilitated:

a Regular inspections to ensure that adequate erosion control measures are in place and in good condition both during and after construction; and

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

14 Pre-start inspection

Arrange a pre-start inspection prior to the commencement of works to complete the requirements identified in SC.6.9 City Plan Policy – Land development guidelines for the following:

Purpose Council contact

Review and discuss this approval Contributed Assets

(07) 5582 9034

Copies of applicable material including this decision notice and stamped approved plans, drawings and reports are to be available for the meeting and kept on site during construction.

15 Hold point inspection

Arrange a hold point inspection to complete the requirements identified in SC.6.9 City Plan Policy – Land development guidelines/Landscape work code of the City Plan for the following:

Purpose Hold Point Council contact

Confirm works have been undertaken in accordance with the operational works approval and associated hold point requirements identified in SC6.9 City Plan Policy – Land development guidelines

As indicated in SC6.9 City Plan Policy – Land development guidelines

Contributed Assets

(07) 5582 9034


16 On/off maintenance (Practical Completion)

Arrange a practical completion meeting to complete the requirements identified in SC.6.9 City Plan Policy – Land development guidelines for the following:


Confirm satisfactory completion of works have been undertaken in accordance with this approval

Prior to receiving a practical completion letter

Contributed Assets

07 5582 9034



46 ADOPTED REPORT


17 Bond

a Provide security to Council in the form of an unconditional and irrevocable bank guarantee or cash in the amount of $20,000.00 to secure:

i The conditions of approval have been satisfied. b Provide the security prior to the commencement of works. Council will hold the security

until: i Works are acceptable to proceed to on maintenance.

Advice Notes

A Compliance with conditions

Once this development approval takes effect, the conditions attach to the land and are applicable in perpetuity. It is a development offence to contravene a development approval, including any of its conditions.

B Indigenous cultural heritage legislation and duty of care requirement

The Aboriginal Cultural Heritage Act 2003 (‘ACHA’) is administered by the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs (DATSIMA). The ACHA 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 ACHA.

The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on 07 3405 3050 for further information on the responsibilities of developers under the ACHA.

C Encroachment of works

If any operational works, the subject of this approval encroaches on adjoining land, a letter from the adjoining owner must be submitted to Council consenting to the carrying out of these works.

D 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, contact the Gold Coast Water Recycled Water Management Team. More information is available for viewing on Council’s website http://www.goldcoast.qld.gov.au/environment/recycled-water-for-industry-7900.html

E Fire ant control

Northern suburbs of the Gold Coast are within Fire Ant Biosecurity zone 2 and must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014 individuals and organisations whose activities involve the movement or storage of fire ant carriers have a general biosecurity obligation to take all reasonable steps to ensure they do not spread fire ants. Movement of a fire ant carrier from within the fire ant biosecurity zone may need a biosecurity instrument permit. More information is available on the Department of Agriculture and Fisheries website www.daf.qld.gov.au/plants/weeds-pest-animals-ants/invasive-ants/fire-ants.

F Further development permits/compliance permits


47 ADOPTED REPORT


Further development permits and/or compliance permits from Council are required to facilitate the development of the approved works identified in this decision notice. These include:


- Operational works - landscape works

Water and Waste

- Application to work on the City’s Infrastructure

A copy of this decision notice and accompanying stamped drawings/plans must be submitted with any subsequent application identified above.

G Connections and disconnections

Any connection/disconnection to the existing water and sewerage networks will be at the applicant’s cost. Prior to the connection/disconnection taking place, the applicant must obtain written approval from Water and Waste.

Refer to Gold Coast Water and Waste Network Modifications, Extension and Connections Policy Procedures, available on Council’s websitehttp://www.cityofgoldcoast.com.au

H No open trenching of the road pavement for water connections across/in roadways

Conduits must be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted) to connect to Council’s potable water supply network. In certain circumstances approval of open trenching of the road may be allowed, subject to Council approval.

Refer to Gold Coast Water and Waste Network Modifications, Extension and Connections Policy Procedures, available on Council’s website: http://www.cityofgoldcoast.com.au

I Connections to, alteration or realignment of Council infrastructure

Where development works require the connection to, alteration, removal or realignment of Council infrastructure or impact on other public utility infrastructure (e.g. telecommunications, electricity and gas), the applicant must obtain the necessary approvals from the relevant public utility authority prior to works commencing.

Connection to, alteration, removal or realignment of Council infrastructure includes (but is not limited to) fire hydrants, water service meters, sewer maintenance hole covers, stormwater drainage infrastructure, reinstatement of maintenance hole covers, stormwater drainage infrastructure, crossovers, footpaths, road pavement, kerb and channel, kerb ramps, medians, traffic islands, road furniture, signage and line-marking.

J Listing of Koala under EPBC Act

Koala populations in South East Queensland are listed under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as a matter of national significance. All necessary approvals must be obtained prior to any works commencing on the site.

K Riverine Protection Permit

A Riverine Protection Permit under the Water Act 2000 may be required prior to any works commencing in the watercourse traversing/adjoining the site.


48 ADOPTED REPORT

ITEM 1 (Continued) DEVELOPMENT PERMIT FOR ROL FOR 1 FREEHOLD LOTS, NEW ROAD AND PUBLIC OPEN SPACE AND A DEVELOPMENT PERMIT FOR OPW CHANGES TO GROUND LEVEL AT HUNTINGTON DRIVE, MAUDSLAND - DIVISION 5 PN348808/23/DA1 Author: Authorised by:

Sheena Phillips Alisha Swain

Senior Planner - North Director Economy, Planning and Environment

August 2018


49 ADOPTED REPORT


Committee Recommendation Adopted At Council 28 August 2018

COMMITTEE RECOMMENDATION EPE18.0822.001 moved Cr PJ Young seconded Cr Vorster That Council approves (with conditions) the issue of a Development Permit for Reconfiguring a Lot for One (1) Freehold Lot, New Road and Public Open Space; and a Development Permit for Operational Works Changes to Ground Level; as follows:

General

1 Timing



2 Amended drawings


Drawing Title Author Date Drawing No. Ver.

Plan of Subdivision allotment layout cancelling lot 901 on SP279990 and Lot 304 on SP289812

RPS 1 March 2018 20218-157 C


a Proposed Lot 2 is to be amalgamated with Proposed Lot 3 for the purpose of Public Open Space (Conservation).

3 Amended Plans

Prepare and submit amendments to the plans listed below for confirmation they constitute the approved plans for the purposes of this development approval. All amended plans must be submitted (and confirmed by Council) prior to commencement of any works on site:



Stage 6 Road Connection – Rehabilitation Management Plan

e2m 16 April 2018 0


a Rehabilitation works are to occur over lot 2 which is required to be amalgamated with Lot 3 Public Open Space (conservation) in accordance with condition 2.

4 Approved Plans



50 ADOPTED REPORT




Conceptual Stormwater Management Plan – Huntington Rise Estate Stage 6


December 2017

721415 3




Cardno 10 May 2018 06280/6-E

Property

5 Land transfer

a Transfer at no cost to Council, the land identified below:

Land to be dedicated

Purpose Drawing Title & Drawing No.

Author Date Ver

Lot 3 (3.036 ha) Conservation

Plan of Subdivision Allotment layout | Plan Ref. 20218-157

RPS 01 March 2018

‘C’

b Transfer the land identified above at the same time as registering the plan of subdivision.

c This condition attaches to the land the subject of the development approval and binds the owner(s) of the land and the owners’ successors in title (even after the time when the land transfer is required to be registered). Therefore if this condition is not complied with at the time required by this condition, the owner(s) of the land and other owners’ successors in title continue to be obligated to transfer the land in accordance with this condition and must do so within 40 business days of becoming aware on the non-compliance with this condition.







7 Erosion and sediment control Plan

a Undertake works generally in accordance with the Healthy waters code of the City Plan; and include in particular:

i Sediment control structures e.g.: sediment fence, must be placed at the base of all


51 ADOPTED REPORT


materials imported on site to mitigate sediment run-off.

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

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


8 Vegetation clearing

Obtain an operational works approval for vegetation clearing in accordance with the Vegetation management code of the City Plan, prior to commencement of any works on site at no cost to Council:


a The approved MCU / ROL layout plan.

b The approved bushfire management plan.

c A vegetation management plan identifying vegetation to be removed and retained.

d A fauna management plan.

e A sediment and erosion control and construction management plan.

9 Landscaping works within public open spaces

a Obtain an operational works approval to landscape all public open space generally in accordance with the Statement of Landscape Intent listed below, prior to a request is made to Council to approve the plan of subdivision at no cost to Council:


Stage 6 Road Connection – Rehabilitation management Plan

e2m 22 March 2018

- ‘A’


i Ensure street trees are planted within the road reserve directly fronting the site along new road created as part of this application from Maudsland Drive.

ii Street trees located generally in accordance with SC6.9.8 Land Development Guidelines – Standard drawing 05-103 Street tree planting set out guidelines for roadworks; and SC6.10.16 Road Reserves.

iii All street trees planted must be a minimum 100L bag size.

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

v Vehicle exclusion bollards are to be located on the boundary line between the road reserve and Lot 3 (conservation).

vi Include Council vehicular access to lot 3 (to be dedicated) including VXO, gate and lock.

vii All built structures and planting associated with an entry statement must be located within private property.

viii Provide annual maintenance costings and for all landscape items on public land relevant to the development for the duration of the ‘establishment’ and ‘on maintenance’ periods.

ix Include the approved rehabilitation management plan for lot 3 being transferred as public open space (conservation) as part of this approval.


52 ADOPTED REPORT


b Construct and maintain the public open space identified above until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, section 6.9.6.

10 Boundary fences

a Construct a boundary fence between open space/private land. The boundary fence must be constructed prior to a request is made to Council to approve the plan of subdivision/ commencement of use.

b The boundary fence must be a maximum of 1.8 metres high and of minimum 50 per cent transparent construction.

11 Batters and retaining walls (Specific condition)

a All works associated with any structures including basements, batters, retaining walls and associated works proposed for private lots(s), must be contained wholly within the private lot and be setback a minimum of 200mm from the property boundary that adjoins any site proposed for open space, currently categorised as Public open space, or identified as being the Open space zone.

b No retaining wall structures are to be located on a boundary line adjoining, or located within public open space.

Engineering


a Obtain an operational works approval for the rectification of any damage caused to Council infrastructure (including kerb, channelling, service pits, footpaths and water and sewer reticulation networks) prior to commencement of the use at no cost to Council.


13 New roads

a Obtain an operational works approval for the design and construction of proposed extended Buckingham Road within the site marked on the drawings listed below prior to a request is made to Council to approve the plan of subdivision at no cost to Council:


Plan of Subdivision Allotment Layout Cancelling Lot 901 on SP279990 and Lot 304 on SP289812

RPS 01 March 2018

20218 - 157 C


i Road geometry (cross-section profile) for the proposed extended Buckingham Road to a modified ‘Residential Collector Street with Bus Route’ classification. This road must have a (minimum) 10 metre wide pavement and 5.0 metre wide verges on a (minimum) 20 metre wide road.

ii All roads are required to have ‘barrier’ kerb and channel.

b Construct and maintain the new road identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.

14 Buckingham Road/Huntington Drive intersection

a Obtain an operational works approval for the design and construction of the new extended Buckingham Road/Huntington Drive intersection prior to a request is made to Council to approve the plan of subdivision at no cost to Council:


53 ADOPTED REPORT



i Basic Right (Type BAR) and Basic Left (Type BAL) turn treatments on Huntington Drive into Buckingham Road designed in accordance with the requirements of Section 7.5.7 of Austroads Guide to Road Design Part 4A:Unsignalised and Signalised Intersections.

b Construct and maintain the intersection identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.

15 Footpaths

a Obtain an operational works approval for the design and construction of all footpaths, prior to a request is made to Council to approve the plan of subdivision at no cost to Council and include in particular:

i (Minimum) 1.5 metre wide footpaths required along both sides of the new extended Buckingham Road within the site.

ii These new 1.5 metre wide footpaths must be connected with new (or existing) 1.5 metre wide footpaths within the Stage 6 of the Huntington Rise Estate.

b Construct and maintain the footpaths identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.

16 Street lighting

a Install a street lighting system, including connections and energising to the proposed extended Buckingham Road/ the proposed new intersection prior to a request is made to Council to approve the plan of subdivision at no cost to Council.

b Obtain an operational works approval for the location of the street lights.

c The street lighting system must:

i Achieve a minimum level of lighting in accordance with SC6.9 City Plan Policy – Land development guidelines, section SC6.9.2.1.4.

ii Associated wiring must be installed underground.

iii Be acceptable to the electricity supplier (e.g. Energex) as ‘Rate 2 Public Lighting’.

iv Meet the requirements of the electricity supplier (e.g. Energex).

d Construct and maintain the street lighting system at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.



a Provide underground electricity to proposed Lot 1.

b No additional poles and pole-mounted transformers are to be erected within public roads.




a Provide underground telecommunications to proposed Lot 1 and pit and pipe infrastructure along public roads.



54 ADOPTED REPORT



19 Connection to Permanent survey marks

a Connect all proposed lots to permanent survey marks (PSM’s) in accordance with SC6.9 City Plan Policy – Land Development Guidelines and Guidelines for Creation and Submission of ADAC.xml Files. All proposed lots must be connected to at least 2 permanent survey marks for inclusion in the City of Gold Coast Contributed Assets register.

b New permanent survey marks must comply with the requirements of SC6.9 City Plan Policy – Land Development Guidelines and include in particular:

i Be placed in locations to provide good coverage over the extent of the survey.

ii Be levelled on the Australian Height Datum and fixed with horizontal coordinates to the Map Grid of Australia (MGA 94) to a suitable Horizontal Positional Uncertainty (PU) < 30mm or better, Conventional 4TH order for vertical accuracy in accordance with Department of Natural Resources and Mines guidelines.

c Connect lots to permanent survey marks prior to a request is made to Council to approve the plan of subdivision.



a Design, construct and connect a water connection for the each proposed lot to Council’s potable water supply network, prior to commencement of the use at no cost to Council and include in particular:

i Proposed lot 1 is to connect to the 150mm main located in Huntington Drive.

prior to commencement of the use at no cost to Council and include in particular:

i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), and the Gold Coast Water Network Modifications, Extension and Connections Policy Procedures.


iii Conduits are required to be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted) to connect to Councils potable water supply network.

b Construct and maintain the water reticulation system at no cost to Council at all times.

21 Fire loading

Fire loading must not exceed 7.5 L/s for 2 hours duration.


22 Certification of works - Planning



Certified document

Certification date

Plan/ Drawing

Expert discipline



Prior to a request is made to

- An authorised

Contributed Assets


55 ADOPTED REPORT


Council to approve the plan of subdivision

supplier (e.g. Energex)


Underground electricity supply is available to proposed Lots 1 and 2.


Certified document

Certification date

Plan/ Drawing

Expert discipline






Contributed Assets


Underground telecommunication infrastructure has been undertaken and installed in accordance with telecommunications industry standards (e.g. Telstra / NBN Co standards).


Certified document

Certification date

Plan/ Drawing

Expert discipline


Written confirmation for Permanent Survey Marks works


- Registered Cadastral Surveyor

Contributed Assets


That all lots are connected to permanent survey marks in accordance with the requirements contained within the permanent survey marks condition.


Certified document

Certification

date

Plan/ Drawing

Expert discipline



Prior to a request is made to Council to approve the plan

- Registered Professional Engineer of Queensland



56 ADOPTED REPORT


of subdivision (RPEQ) specialising in geotechnical engineering




Certified document

Certification

date

Plan/ Drawing

Expert discipline




Conceptual Stormwater Management Plan – Huntington Rise Estate Stage 6 (Cardno, December 2017)


Hydraulics & Water Quality



Operational Works – Changes to Ground Level

General

1 Timing

All conditions of this development approval must be complied with at no cost to Council at all times unless otherwise stated in another condition.

2 Approved drawings

Undertake and maintain the development generally in accordance with the following drawings

Operational Works


Huntington Rise Stage 6 – Change to Ground Level Lot 901 on SP279990 DFC (HRPV) Pty Ltd


Oct.2017 721415-029-CI-0050

Drawing List and Site Layout Plan Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0051

B


57 ADOPTED REPORT


Safety in Design Layout Plan Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0052

C

Control Line Setout Plan Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0053

B

Bulk Earthworks Legend and Notes Cardno (Qld) Pty Ltd

20.10.17 721415-029-CI-0054

A

Bulk Earthworks Layout Plan Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0055

C

Bulk Earthworks Depths Layout Plan


14.03.18 721415-029-CI-0056

C

Site Sections Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0057

B

Road Typical Sections Cardno (Qld) Pty Ltd

13.12.17 721415-029-CI-0058

B

Road Longitudinal Sections Cardno (Qld) Pty Ltd

14.03.18 721415-029-CI-0059

B

Erosion and Sediment Control Legend and Key Plan


20.10.17 721415-029-CI-0060

A

Erosion and Sediment Control General Notes


20.10.17 721415-029-CI-0061

A



14.03.18 721415-029-CI-0062

C



14.03.18 721415-029-CI-0063

C


3 Approved Plans





Cardno 10 May 2018 06280/6-E

4 Amended Plans

a Prepare and submit amendments to the plans listed below for confirmation they constitute the approved plans for the purposes of this development approval. All amended plans must be submitted (and confirmed by Council) prior to lodgement of an application for operational works – tree clearing and prior to works occurring on site:


Stage 6 Dam Dewatering Strategy - e2m 21 December 2017 0


58 ADOPTED REPORT


Fauna Management


i Remove any reference to Huntington Rise Stage 6 including associated approvals and environmental management plans;

ii Remove the tree clearing plans within Appendix A;

iii Reference the approved reconfiguration of a lot including associated approvals and environmental management plans;

iv Include plans identifying the approved reconfiguration of lot layout and the extent of approved earthworks.

Engineering


a Obtain an operational works approval for the rectification of any damage caused to Council infrastructure (roadworks including kerb, channelling, service pits, footpaths, water and sewer reticulation networks) prior to commencement of the use at no cost to Council.


6 Earthworks

a Construct the earthworks & private retaining walls identified in the approved drawings condition at no cost to Council in accordance with the standards and procedures in City Planning Policy SC6.9 – Land development guidelines, sections 6.9.6 and 6.9.7.

b Maintain the earthworks & private retaining walls identified above at no cost to Council at all times.

7 Batters

Batters within private Property

a Provide benching where any proposed freestanding batter height exceeds 2.5 metres.

b The absolute maximum height of any freestanding cut/fill batter with benching is 5.0 metres.

Batters within public open Space

a The maximum slope is 1 in 6. Commence stabilisation and vegetation immediately following completion of bulk earthworks.


8 Certification of works


Operational Works

Certified document


Expert discipline


Appendix C Certification from the Land Development


N/A Registered Professional Engineer Queensland

Contributed Assets


59 ADOPTED REPORT


Guidelines (RPEQ)


All works have been undertaken generally in accordance with the approval.

Geotechnical



Geotech certification for stability



Contributed Assets


Cut/fill batters and retaining structures associated with the proposed development have been adequately designed based on existing geotechnical conditions of the site taking into account all predicted surcharge loadings; and they will achieve a long-term factor of safety greater than or equal to 1.5 against geotechnical failure.

Constructed cut/fill batters and retaining structures on the site have achieved adequate stability with a long-term factor of safety greater than or equal to 1.5 against geotechnical failure.

Geotechnical



Geotech certification for level 1



Contributed Assets


Earthworks have been carried out in accordance with AS 3798-2007: Guidelines on earthworks for commercial and residential developments.

Supervision of bulk earthworks was completed to Level 1 and the frequency of field density testing must be in accordance with Table 8.1 of AS 3798-2007.

Fill materials were placed in layers, watered if required and compacted to achieve the specified density ratio as specified in Table 5.1 - Minimum Relative Compaction of AS 3798-2007.


Certified document

Certification

date

Plan/ Drawing

Expert discipline Requesting Council Section


Immediately after completion of all works on site




60 ADOPTED REPORT





Certified document Author Date Expert discipline



e2m 21 December 2017




a All works have been undertaken in accordance with the approved Dam Dewatering Strategy - Fauna Management pursuant to condition 4.

9 Supervision of works

During construction of any works the following professionals must be appointed to supervise the below described actions:

Operational works



Registered Professional Engineer of Queensland (RPEQ)

Bulk earthworks inspected to level 1 in accordance with AS3798-2007

Arboriculture



AQF Level 5 Arborist Supervise works occurring within the tree protection zone of trees to be retained.

Ensure works are undertaken in accordance with Australian Standards 4970 and 4373 and in a manner which ensures the future survival of trees to be retained.





Supervise all dam de-watering activities;

Net the dam and relocate fauna prior to works; and

Undertake further fauna mitigation actions in


61 ADOPTED REPORT


accordance with the approved dam dewatering strategy.



11 Haulage access/site management plan

a A Haulage access/site management plan must be prepared by a suitably qualified professional generally in accordance with the Change to ground level code, prior to any works commencing.

b The Haulage access/site management plan must include in particular:

i Address the provision of vehicle barrier(s) along the frontages of the land to ensure vehicles use approved crossovers

ii Provide Loading/unloading operations.

iii Address nuisance from dust, noise, vibration, smoke and material tracked onto public roads as a result of hauling and filling operations and how complaints will be addressed.

iv Identity measures and work practices to ensure the site will be maintained in a clean and tidy state at all times including collection, storage and disposal of all waste materials.

v Identify measures and work practices to ensure non- recyclable debris transported from the site is disposed of at an approved waste facility. Combustion of any material is not permitted on the subject site without prior approval of Council.

vi Identify measures and work procedures to ensure 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

12 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.

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


a Implement the erosion, sediment and dust control measures identified in the approved drawings at no cost to Council.

b Undertake works generally in accordance with the operational works approval and include in particular:

i Sediment controls must be maintained and amended as necessary to ensure that the measures implemented conform to the Construction Phase stormwater management design objectives of the State Planning Policy 2017 (Appendix 2 Table A).

ii Erosion, sediment and dust control measures must be implemented in accordance with the approved plan/drawings and the Best Practice Erosion & Sediment Control (IECA Australasia, November 2008).

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


62 ADOPTED REPORT


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

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

vi The following inspection program must be carried out before the site is fully rehabilitated:

a Regular inspections to ensure that adequate erosion control measures are in place and in good condition both during and after construction; and

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

14 Pre-start inspection

Arrange a pre-start inspection prior to the commencement of works to complete the requirements identified in SC.6.9 City Plan Policy – Land development guidelines for the following:

Purpose Council contact

Review and discuss this approval Contributed Assets

(07) 5582 9034


15 Hold point inspection

Arrange a hold point inspection to complete the requirements identified in SC.6.9 City Plan Policy – Land development guidelines/Landscape work code of the City Plan for the following:


Confirm works have been undertaken in accordance with the operational works approval and associated hold point requirements identified in SC6.9 City Plan Policy – Land development guidelines

As indicated in SC6.9 City Plan Policy – Land development guidelines

Contributed Assets

(07) 5582 9034


16 On/off maintenance (Practical Completion)

Arrange a practical completion meeting to complete the requirements identified in SC.6.9 City Plan Policy – Land development guidelines for the following:


Confirm satisfactory completion of works have been undertaken in accordance with this approval

Prior to receiving a practical completion letter

Contributed Assets

07 5582 9034



63 ADOPTED REPORT


17 Bond

a Provide security to Council in the form of an unconditional and irrevocable bank guarantee or cash in the amount of $20,000.00 to secure:

i The conditions of approval have been satisfied.

b Provide the security prior to the commencement of works. Council will hold the security until:

i Works are acceptable to proceed to on maintenance.

Advice Notes



B Indigenous cultural heritage legislation and duty of care requirement








The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on 07 3405 3050 for further information on the responsibilities of developers under the ACHA.

C Encroachment of works

If any operational works, the subject of this approval encroaches on adjoining land, a letter from the adjoining owner must be submitted to Council consenting to the carrying out of these works.

D 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, contact the Gold Coast Water Recycled Water Management Team. More information is available for viewing on Council’s website http://www.goldcoast.qld.gov.au/environment/recycled-water-for-industry-7900.html

E Fire ant control



64 ADOPTED REPORT


F Further development permits/compliance permits




Water and Waste



G Connections and disconnections


Refer to Gold Coast Water and Waste Network Modifications, Extension and Connections Policy Procedures, available on Council’s websitehttp://www.cityofgoldcoast.com.au

H No open trenching of the road pavement for water connections across/in roadways

Conduits must be installed to service the proposed development by thrust boring the road (open cutting of the road is not permitted) to connect to Council’s potable water supply network. In certain circumstances approval of open trenching of the road may be allowed, subject to Council approval.

Refer to Gold Coast Water and Waste Network Modifications, Extension and Connections Policy Procedures, available on Council’s website: http://www.cityofgoldcoast.com.au

I Connections to, alteration or realignment of Council infrastructure



J Listing of Koala under EPBC Act

Koala populations in South East Queensland are listed under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as a matter of national significance. All necessary approvals must be obtained prior to any works commencing on the site.

K Riverine Protection Permit

A Riverine Protection Permit under the Water Act 2000 may be required prior to any works commencing in the watercourse traversing/adjoining the site.

CARRIED


65 ADOPTED REPORT


ADOPTED AT COUNCIL 28 AUGUST 2018 RESOLUTION G18.0828.014 moved Cr Vorster seconded Cr Caldwell

That Committee Recommendation EPE18.0822.001 be adopted as printed in the Economy Planning and Environment Committee Meeting Report.

CARRIED


66 ADOPTED REPORT

Attachment 1760th Council Meeting 28 August 2018 Economy, Planning & Environment Committee Meeting 22 August 2018

67 ADOPTED REPORT

4171m²1

20m Road

109.1

15.8

14.8

9.5

12.6

13.7

7.2

33.7

5.1 947

.8

55.8

4.1

69.5

Wide New

3.6

10.4

39.539.2

5.3

3.036 ha3

71.6

56.9

4.7

189.

9

109

2.18.8

9.29.2

7.29.1

16.1

Proposal

Stage 6

2000m²2

28.8

31.1

25

51.7

28.6

5

5

5

5

17

45.4 37.5

15

Note:

All Lot Numbers, Dimensions and Areasare approximate only, and are subject tosurvey and Council approval.

Dimensions have been rounded to thenearest 0.1 metres.

Areas have been rounded down to thenearest 1m².

The boundaries shown on this plan shouldnot be used for final detailed engineersdesign.

Source Information:

Site boundaries: RPS SurveyAdjoining information: RPS SurveyContours: LidarProposed Road Alignment: Cardno

not permitted. Please contact the author.Unauthorised reproduction or amendment

COPYRIGHT PROTECTS THIS PLANC

Plan RefScale

PROJECT

Comp By. DWG Name.

Locality

CLIENT

Date

Local Authority

Job Ref.

Checked By. Rev

+61 7 3124 9300 +61 7 3124 9399

Fortitude Valley QLD 4006

Brisbane Design Studio455 Brunswick Street

ACN 140 292 762ABN 44 140 292 762

TFW

RPS Australia East Pty Ltd

rpsgroup.com.au

Sheet

Urban Design

DENNISFAMILY CORPORATION

HUNTINGTONRISE ESTATE

PLAN OF SUBDIVISIONALLOTMENT LAYOUT

CANCELLING LOT 901 ON SP279990AND LOT 304 ON SP289812

01 MARCH 201820218-157 PROPMAUDSLAND

20218SAE/JCFK

GOLD COAST CITY COUNCIL 1 : 1000 A3 20218 - 157 C

Site Boundary

LEGEND

Total Area ...............................................

DEVELOPMENT STATISTICS

Total Length of New Road .......................Total Area of New Road ...........................

3.843 ha

94m0.19 ha

Total Lot Area ......................................... 3.653 ha

MAU

DSLA

ND

RO

AD

HUNTINGTON

DR

IVE

LLANDOVERY

LANEMaximum Building Location Envelope

Attachment 2760th Council Meeting 28 August 2018 Economy, Planning & Environment Committee Meeting 22 August 2018

68 ADOPTED REPORT

ITEM 2 CITY DEVELOPMENT REPORT ON DEVELOPMENT PERMIT FOR MAKING A MATERIAL CHANGE OF USE (CODE ASSESSMENT) FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1

Refer 18 page attachment



Address 9 Nyrang Avenue, Palm Beach

Lot and plan Lot 0 on BUP1255

Site area 680m2

Properly made date 27 April 2018

City Plan version Version 4

Zone / Precinct Medium density residential zone

Overlays

Acid sulfate soils overlay;

Airport environs overlay;

Building height overlay (29m);

Coastal erosion hazard overlay;

Flood overlay;

Residential density overlay (RD5: 1 bed per 50m2);and

State controlled roads, rail corridor and transportnoise corridors overlay.

Proposed use Development permit for making a material change of use (code assessment) for Multiple dwellings (12 units).


Code assessment


LAT-28.1 C/- Urban Strategies Pty Ltd

(LAT-28.1 Company directors have not been provided with the application.)

NAM-Concept (Architectural Plans);

WCS Engineering (Engineering Services Report);

Edge Consulting Engineers (Stormwater, Flood Hazard and Waste Management Plans);

Bitzios Consulting (Traffic Report);

Acoustic Works (Acoustic Report); and

LAUD ink (Landscape Architect).

Land owner

Body Corporate for the Traveller Palms (CTS13849).

Individual owners: Joshua Taylor, Breanna Allan and Alexandre Le Royer.

Letters of concern Objections Support

Five (5) Nil

Key matters raised by submitters On-street car parking availability;


69 ADOPTED REPORT

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 Note: The application was subject to code assessment and did not require public notification. Nevertheless, letters of concern have been received and are addressed in this report.

Traffic capacity;

Building height;

Overshadowing;

Density;

Increased flooding impacts;

Noise impacts;

Character; and

Over supply of market.

Decision due date 28 August 2018

Referral agencies Not applicable

Officer’s recommendation Approval

2 PROPOSAL

The purpose of this report is to assess an application for a development permit for making a material change of use (code assessment) for Multiple dwellings (12 units) at 9 Nyrang Avenue, Palm Beach.

Table 5.5.2: Medium density residential zone of the City Plan categorises the proposal as subject to code assessment. No density impact assessment trigger applies.

The development parameters of the proposal are outlined in the table below:

Development parameters

Height 28.7 metres (seven (7) storeys) measured from ground level to the highest point of the building roof.

Density 12 units (36 bedrooms) comprising of 12 x 3 bedroom units.

One (1) bed per 18.88m2 of net site area.

Unit typology Type A1 GFA: 121.2m2

Type A2 GFA: 118.4m2

Setbacks

Level Front setback

NE – Side setback

SW – Side setback

Rear setback

Ground 0.9m Lobby awning

2.5m Lobby

1m 3.6m 1m

Levels 1 to 6 4m balcony 7m wall

2.8m balcony 3.2m wall

3.4m to 4.2m 3.5m

Level 7 7m to 8.5m 3.2m to 4.2m 3.1m to 4.1m 3.5m

Site cover

59.8% Ground floor,

48.4% Levels 1 to 6

35.3% Level 7

Car parking

Resident: 18 spaces

Visitor: Three (3) spaces.

All car parking is located within an open undercroft at ground level behind a security gate.


70 ADOPTED REPORT

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1

12 of the 18 residential car spaces are provided within dual car stackers.

Access to the car parking area is from a single vehicular crossover from Nyrang Avenue.

Service vehicle Provision for a Medium Rigid Vehicle (MRV) to stand on site at ground level.

Bicycle parking

Residents: 10 spaces

Visitors: 2 spaces

All bicycle parking spaces are proposed at ground level.

Communal space Usable communal open space: 247.6m2 located on the rooftop and

includes a pool, deck, passive seating, barbeque and dining area. Landscape areas: approximately 140m2 at ground level and the rooftop.

Private open space Type A1: Single balcony of 21.1m2

Type A2: Two (2) balconies with a combined area of 25.1m2

Waste management

1 x 1500L general waste bulk bin and 1 x 1000L recyclable waste bulk bin service once per week.

Waste removal system in the form of waste chutes.

Combined waste storage and servicing point located adjacent to the lobby at ground level.

Acoustic attenuation The communal open space area to operate from 7:00am to 10:00pm.

Hydraulics and stormwater management

13.5m2 bio-retention basin located towards the south east corner of the site.

Shallow vegetated swales to carry runoff to the bio-retention basin.

The proposal does not seek to discharge wastewater into the stormwater network.

The following perspective/elevations and ground/typical floor plan provide an initial view of the proposed development.


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Figure 1 Perspective plan of proposed development (Source: NAM-Concept)

Figure 2 Ground floor plan (Source: NAM-Concept)


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Figure 3 Typical floor plan (Source: NAM-Concept)

Figure 4 South west elevation (Source: NAM-Concept)


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Figure 5 Rear elevation (Source: NAM-Concept)

Figure 6 Rooftop landscape plan (Source: LAUD ink)


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 3 KEY ISSUES

The key issues for this proposal revolves around the development exceeding one (1) bedroom per 50m2 (RD5) as nominated by Residential density overlay map, potential flooding impacts and impacts upon amenity by the use of car stackers.

Regarding density, assessment has determined the proposed form, scale and intensity of the development is appropriate for the locality, having regards to design and amenity, the capacity of available infrastructure and the site’s proximity to services.

Regarding potential flooding impacts, assessment has determined that whilst the proposal will increase the number of people exposed to potential flood, the development mitigates the risk to life and property given the habitable floor levels are located above the Probable Maximum Flood Level, the Q50 level and the Q100 level, allowing residents to shelter in place rather than requiring evacuation.

Regarding amenity impacts from the proposed car stackers, the findings of the submitted Acoustic Report has identified that the operation of the car stackers will not impact upon adjacent amenity by way of noise, which is supported by Council’s Health and Regulatory Services team. Visually, the submitted drawings illustrate the car stackers will be screened from view from adjoining properties at the rear by a 4.5 metre high powder coated laser cut screen. To further protect adjacent amenity, conditions are recommended requiring the planting of vines and screening shrubs between the car stackers and boundary fence to soften the built form of the screen.

A total of five (5) letters of concern were received. The main grounds of concern relate to density, on-street car parking availability, building height, potential flooding impacts and shadow impacts. The letters of concern have been taken into consideration throughout this assessment.

The development is supported by the Office of the City Architect and Council’s Hydraulics and Water Quality Section whose comments are provided in the design sections within this report.

Overall, the development proposes a well-designed building that will complement the emerging character of this area. The proposed scale of development is considered to be consistent with the intended medium intensity built forms for properties close to the Gold Coast Highway in this area of Palm Beach.

4 SITE CONTEXT

4.1 Subject site

The site is located at the end of a cul-de-sac and is triangular in shape with a site area of 680m². It has a 12 metre frontage to Nyrang Avenue and fans to a width of approximately 40 metres at the rear of the site. It has a flat topography averaging 2.0 metres AHD.

The site is occupied by a two (2) storey Multiple dwelling containing five (5) x one (1) bedroom units and one (1) x two (2) bedroom unit. It is also occupied by a two (2) car garage and includes a compacted gravel car parking area accommodating four (4) additional car parking spaces.

Landscaping is limited to a small turfed area on the eastern side of the building and small garden beds scattered throughout the site. Although Council’s mapping software identifies stormwater infrastructure traversing the north eastern boundary, survey data has revealed the stormwater pipe and easement are located with the adjoining property at 7 Nyrang Avenue.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 Site photos: Site photos:

Subject site View to adjoining south west boundary

View to adjoining north east boundary View to north west to corner of Nyrang Avenue and Tallebudgera Drive

Figure 7 Site photos (Source: Shane Weterings)

4.2 Immediate context

Adjoining the site to the east (7 Nyrang Avenue) and west (8 Nyrang Avenue) are three (3) storey Multiple dwellings. Land to the north at 5 Nyrang Avenue contains a single Dwelling house however is approved to form part of a seven (7) storey Multiple dwelling site containing 102 dwellings. Land adjoining the southern boundary is located at 3, 5 and 7 Twenty Eighth Avenue, Palm Beach contain double storey residential dwellings. Vegetation exists inside the adjoining boundary of these three properties at the rear which provide a visual buffer from the subject site.


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Figure 8 Aerial view of site and adjoining properties (Source: Dekho)

The immediate area is relatively flat, providing a pleasant and comfortable walking and cycling environment to a number of nearby facilities. A signalised intersection of Tallebudgera Drive and the Gold Coast Highway is located approximately 140 metres walking distance east from the subject site. The pedestrian network provides access to the Tallebudgera Surf Club (230 metres), Tallebudgera Beach front (300 metres), Gold Coast Recreation Centre (500 metres) and Tallebudgera Creek (600 metres).

Within one (1) kilometre south of the site includes two (2) neighbourhood centres which provide convenience facilities, the Palm Beach Primary School and the Palm Beach Community Kindergarten which provides community facilities.

As illustrated in Figure 9, nine (9) bus stops are located within 400 metres walking distance from the site located on the Gold Coast Highway and Tallebudgera Drive connecting the community to high frequency public transport (ie: services every 15 minutes or better) to Broadbeach, Robina and Coolangatta.


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Figure 9 Aerial photo of immediate area (Source: Dekho)

4.3 Local context

The subject site is contained within the Medium density residential zone with a code assessable building height of 29 metres. In a local context, the Medium density residential zone (29 metre building height) extends along the street blocks on the eastern and western sides of the Gold Coast Highway along the coastal strip of Palm Beach.

The City Plan foresees a mix of residential land uses being located within the zone, including Multiple dwellings, Dual occupancies and Dwelling houses that provide an increase in density to meet the City’s housing needs in the future.

The site is within 2.3 kilometres from the Burleigh Heads District Centre and the Palm Beach District Centre, within the hierarchy of mixed use centres which are conveniently accessed by the extensive range of high frequency public transport options within walking distance of the site.

An approved development is within 15 metres of the subject site, and involves a seven (7) storey Multiple dwelling containing 112 units located at 1486 to 1496 Gold Coast Highway and 5 Nyrang Avenue Palm Beach. The approved development will predominately provide one (1) and two (2) bedroom units (92%) and provides a residential density of one (1) bedroom per 21.13m2 of site area.


78 ADOPTED REPORT

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 An aerial view of the subject site and local context is included below:

Figure 10 Aerial photo of local context (Source: Dekho)



(3) A code assessment is an assessment that must be carried out only –

(a) against the assessment benchmarks in a categorising instrument for the development; and

(b) having regard to any matters prescribed by regulation for this paragraph.

The proposed development triggers code assessment and has been assessed in accordance with Section 45(3) of the Planning Act 2016.

5.1 State Planning instruments


Instrument Comment


The proposal does not trigger assessment against any assessment benchmarks relating to natural hazards, risk and resilience (coastal hazards).

South East Queensland Regional Plan The proposal is consistent with the goals, elements and strategies; and the Southern Sub-regional directions of the


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South East Queensland Regional Plan 2017 (ShapingSEQ).











City Plan



The proposal is code assessment and does not trigger assessment against the strategic framework.

The Planning Act 2016 requires codes assessable development (bounded assessment) to be carried out only against the assessment benchmarks stated in the categorising instrument (City Plan) and have regard to matters prescribed by the regulation.

Section 43 (2) (c ) of the Planning Act 2016 states for code assessment, a strategic outcome (Strategic framework) is not an assessment benchmark.

5.3.2 Assessment against the codes



Medium density residential zone code

Acid sulfate soils overlay code

Airport environs overlay code

Coastal erosion hazard overlay code

Flood overlay code Regional infrastructure

overlay code

Multiple accommodation code

Driveways and vehicular crossings code

General development provisions code

Healthy waters code Solid waste management

code Transport code


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 5.3.2.1 Assessment against the zone code

The proposal has been assessed against the Medium density residential zone code.

The purpose of the Medium density residential zone code is to:

“Provide for a range and mix of dwelling types including Dwelling houses and Multiple dwellings supported by Community uses and small-scale services and facilities that cater for local residents.”

The proposed development contributes to the mixture of dwelling types within the Medium density residential zone being a Multiple dwelling development. Multiple dwellings are code assessable and in accordance with the purpose are envisaged within the Medium density residential zone.

It is therefore considered the proposed land uses meet the purpose of the Medium density residential zone code.

Under the City Plan, compliance with a code, can be achieved by either compliance with the purpose and overall outcomes of the code, or, compliance with either the performance outcomes or acceptable outcomes. Acceptable outcomes are generally quantifiable provisions, with the performance and overall outcomes generally qualitative and performance based.


Setbacks (various – refer to table and discussion below)

Site cover (59.8% at ground level)

Density (1 bed per 18.88m2)

The development is assessed as being compliant with the corresponding performance outcomes, which, in accordance with Section 5.3.3 of the City Plan, means the development complies with the purpose and overall outcomes of the code – therefore complies with the code, as demonstrated below:

Setbacks


PO1

Setbacks:

(a) assist in the protection of adjacent amenity;

(b) allow for access around the building;

(c) contribute to the streetscape character; and

(d) allow for on-site car parking.

AO1

Setbacks are as follows:

Setback Minimum distances measured in metres (m)

Front

Height Setback

up to 23m 4m

for that part exceeding 23m

6m

Side and rear

up to 4.5m 1.5m

for that part between 4.5m – 7.5m

2m

for that part exceeding 7.5m

an extra 0.5m is added for every 3m in height or part thereof over 7.5m.

Between on site habitable buildings (where not attached)

Double the applicable side setback.


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Officer’s comment

The proposed development provides the following setbacks:

Level Front setback NE – Side setback SW – Side setback Rear setback

Proposed AO1 Proposed AO1 Proposed AO1 Proposed AO1

Ground

0m-5.1m

0.9m Lobby awning

2.5m awning

4m 0.7m 2m 3.6m 2m 1m 2m

Level 1

5.1m-8.3m 4m balcony

7m wall 4m

2.8m balcony

3.2m wall

2.5m 3.4m to 4.2m

2.5m 3.5m 2.5m

Level 2


7m wall 4m

2.8m balcony

3.2m wall

3m 3.4m to 4.2m

3m 3.5m 3m

Level 3


7m wall 4m

2.8m balcony

3.2m wall

3.5m 3.4m to 4.2m

3.5m 3.5m 3.5m

Level 4


7m wall 4m

2.8m balcony

3.2m wall

4m 3.4m to 4.2m

4m 3.5m 4m

Level 5


7m wall 4m

2.8m balcony

3.2m wall

4.5m 3.4m to 4.2m

4.5m 3.5m 4.5m

Level 6


7m wall 6m

2.8m balcony

3.2m wall

5m 3.4m to 4.2m

5m 3.5m 5m

Level 7 (rooftop)

24.3m-28.7m

7m to 8.5m 6m 3.2m to 4.2m

6m 3.1m to 4.1m

6m 3.5m 6m

The following drawing illustrates the parts of the building where the proposal does not comply with setbacks as viewed from the rear of the building:


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Figure 11 Section Overlay relating to setbacks - Viewed from Rear of building (Source: NAM-Concept)

To comply with the performance outcome (PO) the proposed setbacks are required to assist in the protection of adjacent amenity, allow for access around the building, contribute to the streetscape character and allow for on-site car parking.

“(a) assist in the protection of adjacent amenity”

The development is centrally located on the site to ensure the majority of the proposed setbacks above the ground floor car parking area and lobby provide a reasonable separation distance from adjoining boundaries. From level 1 upwards, the proposed Multiple dwelling would be separated 5.6 metres from the front boundary, 2.8 to 3.5 metres from the north east (side) boundary, 3.4 to 4.2 metres from the south west (side) boundary and 3.5 metres from the rear boundary.

To the north east, the building alignment is varied and includes recesses in the vicinity of the adjacent existing residential building. This allows the planting of trees and shrubs within the setback area (as illustrated in the Site Plan (See Figure 2)) which will help to soften the building from this boundary and assist in protecting adjacent amenity.

Furthermore, the setback encroachments to the north east boundary will not impact upon adjoining privacy from overlooking given the main living areas of the adjoining building do not orientate to this boundary as evident by the building’s high window sills facing the subject site. Additionally, the private and communal open space areas of the adjoining property are not located along this boundary and therefore the amenity of the adjoining open space areas will not be negatively impacted upon.

To the south west, the front portion of the building encroaches within the setback area from Level 3 upwards, whilst the rear of the building encroaches from Level 5 upwards. Given the triangular lot shape, the adjoining residential building has varied setbacks along this boundary resulting in the


83 ADOPTED REPORT

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 proposed building being separated between 7.0 metres to 12.0 metres from the private open spaces (balconies) of the neighbouring building to the south west. Privacy concerns are mitigated by this separation distance, in addition to the provision of landscaping at the lower levels, the proposed narrow width of the windows, and the anticipated use of internal blinds against the western solar glare. Furthermore, the usable communal open space of the adjoining property to the south west is located to the rear of adjoining building and therefore the adjoining communal open space will be appropriately buffered and separated from the proposed development.

At ground level to the rear boundary, the application proposes six (6) car stackers to be installed one (1) metre from the boundary. Adjoining dwellings at this boundary are significantly separated in excess of 11 metres from the car stackers at Ground Level and 13 metres from the rest of the building. In accordance with the findings of the submitted Acoustic Report, the operation of the car stackers within the setback clearance area will not impact upon adjacent amenity by way of noise and therefore no attenuation is required. Visually, the submitted drawings illustrate the car stackers will be screened from view from adjoining properties at the rear by a 4.5 metre high powder coated laser cut screen. To further protect adjacent amenity, conditions are recommended requiring the planting of vines at the base of the screen and the planting of screening shrubs between the car stackers and boundary to soften the built form of the screen.

From level 4 upwards at the rear boundary, the building incorporates high window sill heights to minimise overlooking into adjoining open spaces (back yards). Further, adjoining open spaces will continue to be screened from view by the existing vegetation located at the boundaries of the adjoining rear properties as illustrated in Figure 8.

Through the provision of window glazing, screening elements, landscape planting and variations to the building alignment, it is considered that the development provides for setbacks that meet the amenity requirements of PO1.

“(b) allow for access around the building”

The Ground Floor of the proposal comprises of an undercroft car parking area and a lobby. The open design of the undercroft car parking area will allow for the easy access inside and outside of the space with only the area behind the car stackers being screened. This will result in a minimum horizontal clearance of one (1) metre between the aluminium screening wall and the boundary which is considered sufficient to access this area for maintenance. The lobby has a pinch point of 0.7 metres between the lobby and the boundary for a length of approximately 3.0 metres. This width is considered to be adequate to allow for access around this small portion of the building. All levels above Ground Floor are appropriately setback a minimum of 2.8 metres which is sufficient to allow access around the upper levels for maintenance purposes.

“(c) contribute to the streetscape character”

The lobby of the proposed building is located within 2.5 metres from the front boundary with its awning being located within 0.9 metres. The front balconies generally comply with AO1 by providing a 4.0 metre setback with the exception of the front balconies located above 23.0 metres (Level 6) which requires a 6.0 metre setback as per AO1.

The proposed lobby was relocated at the officer’s request to clearly define the building entrance in accordance with PO6 of the Multiple accommodation code and to contribute to activating the street. Further, given the small size of the lobby, sufficient space remains for landscaping between the lobby and driveway which includes a tree and ground covers to further contribute to the street. The Level 6 balcony maintains the architectural language of the building at the frontage. It is unenclosed and therefore is unobtrusive to the streetscape with the building walls being setback 7.0 metres from the front boundary. The Level 6 balcony is considered to contribute to the streetscape character by promoting casual surveillance.


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“(d) allow for on-site car parking”

In relation to on-site car parking, the proposed setbacks do not impede the provision of car parking. The proposed development complies with the requirements of the Transport Code as per the findings of the assessing Transport Officer included as discussed in Section 5.3.2.3.

Site cover


PO2

Site cover:

(a) is balanced between built form and green areas for landscaped private open space;

(b) contributes to neighbourhood character and amenity;

(c) promotes slender bulk form;

(d) promotes an open, attractive and distinct skyline; and

(e) facilitates small, fast moving shadows.

AO2

Site cover does not exceed 50% for Dwelling houses and Dual occupancies.

OR

For all other uses, site cover does not exceed a cumulative total of:

(a) 50% of net site area up to 8 storeys;

(b) 40% of net site area from 9 to 15 storeys; and

(c) 30% of net site area or 750m2 per building, whichever is the lesser, above 15 storeys.

Officer’s comment

Levels 1 to 7 meets the acceptable outcome with AO2 by providing site cover less than 50% of the site area, however an alternative outcome is proposed to AO2 of the Medium density residential zone code given the Ground Floor provides a site cover of 59.8%.

The proposed alternative outcome is considered to achieve the performance outcome for the following reasons:

The proposal facilitates feature planting, screen planting and shrubbery on the ground floor to soften the built form and provide a landscape setting to contribute to neighbourhood character.

The Office of the City Architect states that:

“The building form has an overall scale and intensity that fits within the desired intended character of the area. The proposal provides appropriate buffers around the side and rear setbacks that allow appropriate building separation distances with sufficient landscaping to soften and provide amenity to adjoining neighbours.”

The proposal promotes a slender bulk form and promotes an open, attractive and distinct skyline by meeting the acceptable outcome for all levels above ground level and by minimising perceived bulk through the use of recesses, high quality materials, colours, textures, finishes and screening elements; and

The proposal facilitates small fast moving shadows given all levels above ground level meet the acceptable outcome by providing a site cover of 48.4% for Levels 1 to 6 and 35.3% for Level 7. The ground floor area which requires the consideration of an alternative outcome is largely occupied by an undercroft carpark which will not cast a thick shadow at the base of the building. Further, the proposed building is considered to provide a compliant shadow outcome in accordance with the General development provisions code.

Density


PO5

For Dwelling houses density is one Dwelling house per lot.

AO5

No acceptable outcome provided.


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OR

Density does not exceed that shown on Residential density overlay map.

OR

Where not identified on the overlay map, density does not exceed one dwelling per 400m2.

OR

For Residential care facilities and Retirement facilities there is no performance outcome provided.

OR

For Rooming accommodation, accommodating more than four unrelated people, density does not exceed one bedroom per 133m2.

Officer’s comment

The Residential density overlay map nominates a residential density of RD5, being one (1) bedroom per 50m² of net site area or 13.6 bedrooms. The proposed residential density is 12 dwellings, 36 bedrooms or one (1) bedroom per 18.88m².

The proposed development does not comply with the performance or acceptable outcomes. However, in accordance with Section 5.3.3 of the City Plan, the development can still be assessed as complying with a code, provided it complies with the purpose and overall outcomes of the code.

An assessment of the development against the purpose and overall outcomes of the code is undertaken below.

(b) Housing is provided at a form, scale and intensity that is appropriate for the zone and each particular locality it is in where the following outcomes are satisfied:

Orderly and economically efficient settlement pattern

(i) degree of public transport service within a 400 metre walking distance, being the most desirable distance for pedestrian access, and the ease and safety of pedestrian access to that service;

(ii) proximity to major employment concentrations, centres, social and community infrastructure facilities and important amenity features, including the coast, recreational waterways and parkland;

(iii) capacity of available infrastructure to support the development, including water, sewer, transport and social and community facilities;

Officer’s comment

The subject site is located within 400 metres of nine (9) bus stops located on the Gold Coast Highway and Tallebudgera Drive connecting the community to high frequency public transport (ie: services every 15 minutes or better) to the Broadbeach Light Rail Station, the Robina Train Station and Coolangatta Airport.

Pedestrian access to these bus stops is considered to be direct and safe, with pedestrian footpaths provided and a signalised intersection to access the southbound bus stops located on the eastern side of the Gold Coast Highway.

The sites proximity to the Gold Coast Highway (130 metres) facilitates direct and convenient access to the Burleigh Heads and Palm Beach District Centres which are located within 2.3 kilometres from the site and provides major employment opportunities.

The subject site is located approximately 230 metres walking distance of the Tallebudgera Surf Club,


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 300 metres of the Tallebudgera Beach front, 500 metres of the Gold Coast Recreation Centre and 600 metres of Tallebudgera Creek providing recreational opportunities to the residents of the proposed development. The site is appropriately located within one (1) kilometre from important community facilities such as the Palm Beach Primary School and the Palm Beach Community Kindergarten.

Council’s Transport Impact Assessment officers and Water and Waste officers have assessed the relevant supporting material and have determined the existing infrastructure will adequately service the development.

Housing needs

(iv) delivery of a generous mix of housing form, sizes and affordability outcomes that meet

housing needs (including housing needs of the future) for the locality;

Officer’s comment

The development provides permanent accommodation (Multiple dwellings) that caters towards families by providing three (3) bedroom units. The proposed development is considered to contribute to the mix of housing options to meet the future needs of the immediate area, considering a recent development approval at 1486 to 1496 Gold Coast Highway and 5 Nyrang Avenue Palm Beach will provide an additional 112 dwellings to the area for which 92% (103 dwellings) of the development contains two (2) or less bedrooms.

Design and amenity

(v) whether intended outcomes for building form/ city form and desirable building height patterns are negatively impacted, including the likelihood of undesirable local development patterns to arise if the cumulative effects of the development are considered;

(vi) retention of important elements of neighbourhood character and amenity, and cultural heritage;

(vii) whether adjoining residential amenity is unreasonably impacted;

(viii) achievement of a high quality urban design through highly functional, accessible, attractive, memorable and sustainable buildings and public spaces;

Officer’s comment

The proposed development meets the listed design and amenity overall outcomes of the zone code. Assessment against these overall outcomes has determined the proposal complies based on the following:

Intended building form/city form and height pattern is maintained by the proposed height being within the nominated building height for the site of 29 metres in accordance with the Building height overlay map;

Retention of important neighbourhood character is achieved given the proposed development incorporates a material and colour palette which complements the urban beach side location and contributes to the emerging medium density urban character;

Further, the locations of balconies addressing the street frontage provide opportunities for casual surveillance of the public realm;

The outlook from windows, balconies and private and communal are not considered to impact upon the privacy of adjoining residences given the building incorporates high window sill heights, opaque glazing and landscaping to avoid direct views into the private space of neighbouring properties;

Councils Health and Regulatory Services Section has determined there will be no unreasonable


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noise impacts on surrounding noise sensitive receivers (e.g. nearby residents) from the car park area and the communal open space subject to conditions included in the officer recommendation; and

All mechanical equipment, such as air-condition and swimming pool pumps are required via conditions in the officer recommendation to be screened from view so they do not cause any disturbance to residents within or adjoining the development.

The Office of the City Architect has provided the follow comments to support the proposal in regards to design and amenity:

“The proposal has a scale and building height that fits within the desired residential neighbourhood character and amenity. The proposal achieves an appropriate quality architectural and urban design outcome and appropriate level of building articulation and modulation to reduce the visual bulk of the form. This is achieved through geometrical elements and recessed wall planes, feature wall panels, feature screening elements, extended roof edges, sun hoods to windows, glazed balustrading, and engineered stained timber soffits.

The building form incorporates high quality materials and complementary colours to achieve a visually attractive composition that will enhance the area. The proposal also provides appropriate aluminium patterned screening to the ground floor car parking to visually screen vehicles from neighbours. The screening appropriately contributes to the quality architectural language.”

Environment

(ix) the impacts of any site constraints, including natural hazard and environmental-based constraints and;

Officer’s comment

In terms of site constraints, the site is identified as being subject to acid sulphate soils at or below 5 metres AHD. The proposal does not involve excavation or filling and therefore the proposal is not considered to disturb acid sulfate soils.

In regards to flood, the site has a Designated Flood Level of 2.47 metres AHD which affects the site by approximately 320mm to 600mm during a one (1) in 100 year flood event. The site doesn’t have flood free access and the nearest accessible flood free land is approximately 150 metres away. The applicant submitted a Flood Emergency Management Plan which identifies that although the proposal will increase the number of persons on site, the proposal will reduce the level of risk to life and the number of persons likely to require evacuation. This is due to the habitable floor levels of the proposed development being increased to 7.2 metres AHD which is above the Probable Maximum Flood level (PMF), the Q50 and the Q100 flood events, allowing occupants to take refuge within the dwellings, whereas the occupants of all six (6) existing units are impacted by the PMF and the ground floor units are impacted by the Q50 and Q100 flood event levels, requiring evacuation from the site during a flood event.

The proposed development complies with the Airport environs overlay code, the Coastal erosion hazard overlay code and the Regional infrastructure overlay code.

Community Benefit

(x) where the development:

(A) is appropriate having regard to overall outcome (b) (i) to (ix);

(B) meets all other overall outcomes for the zone; and

(C) incorporates community benefits in addition to those that could be lawfully conditioned to be provided (i.e. that are required to be provided by this City Plan or


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reasonably required in relation to the development or use of premises as a consequence of the development),

development bonuses are applied in accordance with the SC6.5 City Plan policy – Community benefit bonus elements.

Note: SC6.5 City Plan policy – Community benefit bonus elements provides guidance on what might constitute additional community benefits and the supporting material that may be required to demonstrate the degree of benefit.

Note: Development is not required to incorporate community benefits in order to demonstrate that housing has been provided at a form, scale and intensity that is appropriate having regard to overall outcome (b) (i) to (ix).

Officer’s comment

The applicant has not proposed any community benefits for assessment against this overall outcome. The development is not required to incorporate community benefits in order to demonstrate housing has been provided at a form, scale and intensity that is appropriate having regard to overall outcomes (b)(i) to (ix).

Officers are satisfied based on the above assessment, the proposed development complies with the purpose and relevant outcomes relating to an increase in residential density within the Medium density residential zone code.



Acid sulfate soils overlay code;

Airport environs overlay code;

Coastal erosion hazard overlay code;

Flood overlay code; and

Regional infrastructure overlay code.



Flooding risk;

Hazard considerations for development; and

Access with respect to hazard.



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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 Flooding risk


PO5

Development in flood affected areas must not cause, or have the cumulative potential to cause, damage, must not increase the level of risk to life, or be to the detriment of flood evacuation procedures.

AO5

Development does not:

(a) increase the number of people calculated to be at risk from flooding;

(b) increase the number of people likely to need evacuation;

(c) shorten flood warning times;

(d) impact on the ability of traffic to use evacuation routes, or unreasonably increase traffic volumes on evacuation routes, or as identified within Council's Counter Disaster Plan (flooding);

(e) place additional burdens on Council's resources or emergency services;

(f) increase the duration of flooding, unless that increase is part of a Council approved flood mitigation strategy.

Officer’s comment

An alternative outcome is proposed to AO5 given the development will increase the number of people calculated to be at risk from flooding from 7.2 persons to 26.4 persons as calculated below:

Existing number of persons at risk:

One bedroom unit (x 5 units) x 1.2 persons/dwelling (permanent residential) = 6

Two bedroom unit (x 1 unit) x 1.2 persons/dwelling (permanent residential) = 1.2

Total = 7.2

Proposed number of persons at risk:

Three bedroom unit (x 12 units) x 2.2 persons/dwelling (permanent residential) = 26.4

As previously discussed in Section 5.3.2.1 the applicant submitted a Flood Emergency Management Plan which identifies that although the proposal will increase the number of persons on site, the proposal will reduce the level of risk to life and the number of persons likely to require evacuation given the proposal raises the habitable floor levels above the Probable Maximum Flood level (PMF), the Q50 and the Q100 flood events, allowing occupants to take refuge within the dwellings.

The application was referred to Council’s Hydraulics and Water Quality Section for assessment. The following comments were provided:

“The submitted Flood Emergency Management Plan has addressed the issues so that the flood risk; i.e. Proposed shelter in place, with adequate food and essentials to be stored, cut off duration, proposed controlled evacuation prior to the site reaches the flood risk, the development will not increase the dependency on emergency services etc.; is minimised such that the development will not cause, or have the cumulative potential to cause, damage, will not increase the level of risk to life, or be to the detriment of flood evacuation procedures.”

Planning Assessment therefore considers the proposed development satisfies the performance outcome.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 Access with respect to hazard


PO11

All proposed development must demonstrate that sufficient access or egress will be available to enable evacuation during a range of floods, up to and including the designated flood.

AO11

Development, not including underground car parks, must ensure that evacuation opportunities exist in accordance with the minimum levels of exposure outlined in Table 8.2.8-5: Table to acceptable outcome AO11, where means of access or egress may be:

(a) an access route that is below the level of the designated flood, provided that route is classed as a low hazard, as defined in Table 8.2.8-5: Table to acceptable outcome AO11; or

(b) an access route that is not the main access route. However, it must remain effective for the duration of a range of flood events, up to and including the designated flood; or

(c) a temporary access arrangement, provided that access can be gained without significant preparation time being required.

The access or egress must:

(a) in the event of a designated flood:

(i) not expose users to undue risk;

(ii) not cause, or have the cumulative potential to cause, real damage to land and/or premises;

(iii) not interrupt or materially change the surface water drainage from or onto adjoining land;

(b) not create, in the event of a flood, a sudden change in flow distributions, flood level or velocity that could result in:

(i) the breaking of a levee; or

(ii) the establishment of blockage of a breakout; or

(iii) excessive scour; or

(iv) sedimentation; or

(v) increased flood hazard.

Officer’s comment

The application was referred to Council’s Hydraulics and Water Quality Section for assessment to confirm the degree of hazard for the identified access route. The criteria involves wading ability, evacuation distances, maximum flood depths, maximum flood velocity, typical means of egress and the time it takes to evacuate along the route. The following comments were provided.

“The current Designated Flood Level of the site is 2.47m AHD. The existing land level of the site is around 2.0m AHD. The lowest level of access road is 1.8m AHD. The lowest level on the foot path is approximately 1.9m AHD. The evacuation distance is approximately 150m. As


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such, the proposal does not comply with AO11. The hazard on the evacuation route is medium.”

The evacuation route is defined as having medium degree of hazard, rather than a low degree of hazard as required by AO11. Therefore, the applicant provides for an alternative outcome to be assessed against PO11 of the code.

It is noted that Table 8.2.8-4 of the Flood overlay code nominates a medium degree of hazard as being appropriate for residential land uses. Given the proposal is for a residential land use, it is reasonable to infer that the medium degree of hazard for the evacuation route is acceptable.

Notwithstanding the above, the applicant submitted a Flood Emergency Management Plan prepared by a registered Professional Engineer of Queensland (RPEQ) which proposes to rely on shelter in place rather than evacuation during a flood event up to the Designated Flood Level. This is considered to be acceptable given the habitable floor levels are above the Probable Maximum Flood level (PMF), the Q50 and the Q100 flood events, allowing occupants to safely take refuge within the dwellings, rather than evacuate.

Council’s Hydraulics and Water Quality Section provided the following comments regarding compliance with PO11.

“The submitted FEMP has addressed the issues so that the flood hazard with respect to access; i.e. Proposed shelter in place, with habitable floor levels situated much above the DFL and refuge opportunity above the PMF and controlled evacuation if needed, storage of food, water, medicine on site, etc.; is minimised such that the development may not require evacuation during the cut off period.

The proposal in the FEMP will avoid the adverse impacts of flooding and the development is designed and managed to mitigate the risk to life and property. Thus best-practice approach to flood plain management is achieved and maintained to comply with the Access / egress requirements.”

Council’s Hydraulics and Water Quality Section further stated that:

“With shelter in place and adequate food, drink, medication, alternate energy supply etc. the development ensures no extra burden on city’s Counter-disaster response effort.”

Having regards to the above, the proposal is considered to meet the performance outcome.






Healthy waters code

Solid waste management code

Transport code




92 ADOPTED REPORT

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 Officers have undertaken an assessment of all relevant provisions. The proposed development does not comply with the following applicable acceptable outcomes:

Road frontage (12 metres)

Design and appearance (No acceptable outcome)

Ground floor entry requirement for buildings with 3 or more storeys (no acceptable outcome)

Private open space (minimum dimension)

Communal open space (246.7m2)

Car parking areas (no acceptable outcome)


These provisions are assessed in relation to the Multiple accommodation development code.

Road frontage


PO1

The site has sufficient frontage to ensure that:

(a) safe and convenient vehicular and pedestrian access can be provided; and

(b) adequate landscaping is provided adjacent to the road frontage.

AO1

The minimum road frontage is 20m.

Officer’s comment

An alternative outcome is proposed given the road frontage has a width of 12.2 metres. The frontage width is reduced given the site is located at the end of a cul-de-sac head resulting in the site having a triangular shape. However, the lot fans out from the front boundary which facilitates the development being able to provide separate vehicle and pedestrian access points, separated by adequate landscaping which includes a feature tree and ground covers.

The following comments were provided by Council’s Landscape Assessment team regarding the adequacy of the proposed landscaping:

“As the available frontage is impacted by site constraints due to the irregular lot, Landscape Assessment consider the provision of a substantial tree with no fencing will achieve an adequate landscape outcome when viewing the subject site from the road verge. The submitted Statement of Landscape Intent identifies single ex-ground Pandanus specimens (Screw Pine) and a combination of en-masse ground cover plantings within the frontage. Landscape Assessment considers this combination to achieve compliance with the applicable PO1 of the Multiple Accommodation Code.”

Having regard to the above, the road frontage is considered to comply with PO1 of the Multiple accommodation code.

Design and appearance


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 Performance outcome Acceptable outcome

PO4

Building form, orientation and articulation promotes sub-tropical design excellence and innovation, through:

(a) optimising orientation to the north;

(b) incorporation of generous outdoor living spaces;

(c) privacy and utility of open space;

(d) building articulation and ventilation; and

(e) shading and climate protection.

AO4

No acceptable outcome is provided. .

Officer’s comment

Officers consider the development to satisfy performance outcome PO4, however for transparency, the following discussion is provided to demonstrate how the proposal achieves compliance with the performance outcome. The proposal promotes subtropical design and meets PO4 as follows:

The building orientates to the north; Generous outdoor spaces are provided in the form of balconies which exceed the minimum size

and dimension requirements as per AO8 of the Multiple accommodation code; Private and communal open space areas are not subject to direct views from adjoining properties;

and Climate protection is provided by extended roof overhangs, sun hoods over windows, and all living

areas and bedrooms being provided with windows to provide direct access to natural light, views and natural ventilation.

Ground floor entry requirements for buildings with 3 or more storeys


PO6

The ground floor entrance area is easily identifiable and built to a human scale.

AO6

No acceptable outcome provided

Officer’s comment

Officers consider the development to satisfy performance outcome PO6, however for transparency, the following discussion is provided to demonstrate how the proposal achieves compliance with the performance outcome.

The lobby of the proposed building is located within 2.5 metres from the front boundary. The lobby is accessed from the frontage via a pedestrian path with its proximity to the front boundary making it easily identifiable. Being a single storey extension to the main part of the building, the lobby is considered to be built to a human scale appropriate for the street front character.

Private open space


PO8

Above ground private open spaces are directly accessible and functional area for users.

AO8

Above ground private open space for each dwelling shall:

(a) mitigate negative wind effects on intended users;

(b) be accessible from the living room; and

(c) be supplied at the following rates:


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No. of bedrooms Minimum balcony area

1 bedroom and studio 8m² with a minimum dimension of 2m

2 bedrooms 12m² with a minimum dimension of 2.5m

3 or more bedrooms 16m² with a minimum dimension of 3m

Officer’s comment

The proposed private open space areas do not meet the minimum dimension of 3.0 metres for the balconies of the Type A2 dwellings located at the north east side of the building. However, the private open space areas satisfy the minimum balcony area prescribed. The proposal seeks an alternative outcome, to be assessed against the performance outcome.

The proposed private open space areas are directly accessible for users, with entrance onto the main balcony of Type A2 dwellings being gained via the living room. In addition, the plans indicate the living room balcony can comfortably accommodate table and chairs, demonstrating the proposed size and dimensions achieve a functional area for users. It is therefore considered the proposed alternative outcome satisfies performance outcome PO8.

Communal open space


PO10

Where the development includes five or more dwellings, communal open space is provided on site that:

(a) is accessible, useable and safe;

(b) is available for the recreational use of all occupants of the development;

(c) provides outdoor recreational areas required to service the open space needs of residents or guests of the development;

(d) aesthetically complements buildings on the site;

(e) enhances the attractiveness of the development;

(f) provides opportunities for social interaction;

(g) is designed and located to reduce internal and external impacts on the amenity of residents and neighbouring premises; and

(h) creates a pleasant streetscape by establishing landscaped (incorporating shade trees where practicable) areas adjoining the frontages of the development.

AO10.2

Communal open space including any landscaped area is provided at the following rates:

11m2

for every bedroom, or 10m2 (or part thereof) of the area provided for sleeping within a short-term accommodation, hostel, or residential care facility

22m2 for each one bedroom dwelling

35m2 for each two bedroom dwelling

45m² for each dwelling of three or more bedrooms

AO10.2 requires 540m2 of Communal Open Space for 12 x 3 bedroom dwellings.

Officer’s comment

The amount of Communal Open Space (COS) required by AO10.2 is 540m2. The proposal provides 247.6m2 of usable COS located on the rooftop and includes a pool, deck, passive seating, barbeque and dining area, as illustrated in Figure 12.

Therefore, the applicant provides for an alternative outcome to be assessed against PO10 of the code. An assessment against the criteria is provided below:


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Figure 12 Rooftop Landscape Plan (Source: LAUD ink)

“a) accessible, useable and safe.”

The COS would be accessible to all residents of the apartment given it would be located at the rooftop, accessed via a communal lift. The development would provide for a range of facilities within the COS to increase useability of the space. The COS is considered to be safe and will include pool fencing around the swimming pool as required under the Building Act 1975.

“b) available for the recreational use of all occupants of the development.”

The range of COS would be available for the recreational use of all occupants.

“c) provides outdoor recreational areas required to service the open space needs of residents or guests of the development.”

In situations where developments do not provide the communal space required Council Officers have used the following informal formula:

Assume 1.5 people per 1 bedroom unit, 2 people per 2 bedroom unit and 2.5 people per 3 bedroom unit;

Assume 80% occupancy;

Assume 33% of the 80% are recreating simultaneously; and

Demonstrate that the facilities proposed on the site are capable of catering to this demand.

The assessment officer has undertaken a recreation capacity analysis to demonstrate that the alternative outcome provides adequate recreational areas to service the needs of residents and guests. The analysis is based on a commonly used formula that has been accepted by Council officers as an alternative methodology for determining the number of persons that the proposed open space and recreational facilities could reasonably accommodate at any one time.


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 Applying the formula to the proposal, the COS should have capacity to accommodate 8 persons at any time. Considering the COS has an area of 247.6m2, each user would be provided with a minimum of 30m2 to recreate within. This is considered to be sufficient space per user considering the range of facilities available within the COS area as previously discussed. Based on the Recreational Capacity Analysis, officers consider that the communal open space provided for the development is adequate to service the needs of residents or guests.

“d) aesthetically complements buildings on the site.”

The COS has been designed to a high level of detail and integrates with the design of the building, being situated beneath the roof cap. It is considered that the COS would aesthetically complement the building.

“e) enhances the attractiveness of the development.”

The COS provided would enhance the attractiveness of the development by being located below a roof cap which provides an design feature to the top of the building, in lieu of proposing additional units within this space with an unroofed COS area on top.

“f) provides opportunities for social interaction.”

The mixture of activities within the COS would facilitate social interaction.

“g) designed and located to reduce internal and external impacts on the amenity of residents and neighbouring premises.”

In relation to external impacts on the amenity of neighbouring premises it is noted that the assessing Health Officer assessed the submitted acoustic report in relation to noise and determined that no unreasonable noise impacts on surrounding noise sensitive receivers (e.g. nearby residents) will occur, subject to limiting the hours of operation between 7:00am to 10:00pm.

“h) creates a pleasant streetscape by establishing landscaped (incorporating shade trees where practicable) areas adjoining the frontages of the development.”

The development would provide landscaping at the ground level between the vehicle and pedestrian entry points. Further, landscaping in the form of shrubs will be provided at the rooftop to soften the built form and contribute to the street.

Car parking areas


PO13

The car parking area and associated structures do not dominate the street frontage of the development.

AO13


Officer’s comment

Officers consider the development to satisfy performance outcome PO13, however for transparency, the following discussion is provided to demonstrate how the proposal achieves compliance with the performance outcome.

The car parking area is located at ground level within an open undercroft and is predominately located behind the lobby and building services which screens most of the car parking area from view from the frontage. To assist in mitigating the visual appearance associated structures, the development has incorporated shrubs and feature planting.


Officers have undertaken an assessment of all relevant provisions. The proposed development does


97 ADOPTED REPORT

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 not comply with the following applicable acceptable outcomes:

Amenity protection PO1 and PO2 (no alternative outcome); and

Shadow impacts – for all development 3 or more storeys.

The development is assessed as being compliant with the corresponding performance outcomes, which, in accordance with Section 5.3.3 of the City Plan, means the development complies with the purpose and overall outcomes of the code – therefore complies with the code.

These provisions are assessed in relation to the General development provisions development code.

Amenity protection


PO1

Development mitigates any negative effects to amenity, health and safety from existing surrounding activities having regard to:

(a) noise;

(b) hours of operation;

(c) traffic;

(d) signage;

(e) visual amenity;

(f) wind effects;

(g) privacy;

(h) vibration;

(i) contaminated substances;

(j) hazardous chemicals;

(k) odour and emissions; and

(l) safety.

AO1


Officer’s comment

Officers consider the development to satisfy performance outcome PO1, however for transparency, Officers have demonstrated how the proposal achieves compliance with the performance outcome as follows:

Noise – an acoustic report has been submitted by the applicant which includes recommendations for design ensuring the proposal is not adversely impacted upon by noise from traffic.

Traffic – the submitted Traffic Impact Assessment has demonstrated the proposed development can operate safely and efficiently with the current traffic arrangement.

Signage – no advertising devices are proposed as part of this application.

Visual amenity – the proposed development has been designed to a high aesthetic standard to complement the streetscape.

Privacy – there are no privacy issues identified from adjoining sites.

Vibration – the proposed site is not considered to be subject to vibrations.

Contaminated substances – the subject site is not adjoining a contaminated site.

Hazardous substances – the subject site is not adjoining a hazardous substance site.

Odour and emissions – the use is not considered to be subject to any odour or emissions.


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Safety – A Construction Management Plan will ensure the site will be a safe environment for workers and passers-by.

Amenity protection


PO2

The proposed development prevents loss of amenity and threats to health and safety, having regard to:

(a) noise;


(c) traffic;

(d) signage;

(e) visual amenity;

(f) wind effects;

(g) privacy;

(h) vibration;

(i) contaminating substances;



(l) safety.

AO2


Officer’s comment

Officers consider the development to satisfy performance outcome PO2, however for transparency, Officers have demonstrated how the proposal achieves compliance with the performance outcome as follows:

Noise – the proposal is not considered to result in unreasonable noise impacts, with an acoustic report ensuring the acoustic attenuation of the developments communal open space and mechanical equipment is appropriately treated.

Hours of operation – The assessing Health Officer has recommended conditions restricting the hours of operation of the communal open space to between 7.00am and 10.00pm

Traffic – the parking parking and access arrangements can operate safely and efficiently and the proposal is not considered adversely impact traffic flow on Nyrang Avenue as per the submitted Traffic Impact Assessment.

Signage – no advertising devices are proposed as part of this application.

Visual amenity – the proposed development has been designed to a high aesthetic standard.

Privacy – there are no privacy issues identified on the site, and appropriate mitigation (mostly high window sills) is proposed to protect adjoining properties. Levels 3 to 7 are sufficiently separated the side and rear boundaries with no existing or approved towers adjoining the site.

Vibration – A condition is included within the Officers Recommendation for a Construction Management Plan to be submitted for approval to appropriately mange any vibration caused during construction activities.

Contaminated substances – the site is not contaminated and a residential use is proposed.

Hazardous substances – no hazardous substances are to be introduced to the site.

Odour and emissions – the use does not generate any odour or emissions.


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Safety – A Construction Management Plan will ensure the site will be a safe environment for workers and passers-by, and the proposed residential use shall be constructed to meet all safety standards in accordance with the Building Act.

Shadow impacts – for all development 3 or more storeys


PO8

The building is designed and located to ensure that the shadow cast by the building does not detract from a comfortable living and ground level environment and the access of adequate sunlight to private and public spaces having regard to:

(a) the degree of containment of the shadow on the subject site at different times of the day on the summer and winter solstice and spring and autumn equinox;

(b) the cumulative impact of the shadow and existing shadows;

(c) the effect of the shadow on the ocean beach, Broadwater foreshore, or riverside or beachside public open space;

(d) the location of the shadow on non-residential areas external to the site; and

(e) the effect of the shadow on any other site or other building.

AO8.2

The shadow cast by the building in a true south direction has a length 0.25 times the height of the building, as measured from ground level adjacent to the southern side of the subject building to the top of the topmost storey, and does not intrude onto any other site, or does not cast shadow onto any other building on the same site.

Figure 9.4.4-2 Illustration showing southern shadow outcome

Officer’s Comment:

The proposed development does not comply with Acceptable outcome AO8.2, as the southern shadow would intrude onto the adjoining sites. Figure 13 below depicts the shadow cast by the building in a true south direction. The extent of the southern shadow into the adjoining properties is not of significance, casting a maximum of approximately 1.0 metre into the adjoining property to the south west and a maximum of approximately 2.2 metres into the adjoining sites to the rear. Further, the southern shadow does not cast over buildings and would be contained within the existing shadow cast by existing vegetation on the adjoining sites.


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Figure 13 Shadow Plan (Source: NAM-Concept)

PO8 does not preclude shadow impacts, but seeks to ensure that shadow impacts do not detract from a comfortable living and ground level environment.

Figure 14 illustrates the shadow impacts during the winter and summer solstices.


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Figure 14 Shadow Impact Plan (Source: NAM-Concept)

During the winter solstice period, as indicated within the figure above, the shadow at 9am, falls in a south-west direction, by midday the shadow falls in a south direction and by 3pm, the shadow falls towards the south-east direction. This demonstrates the shadow associated with the proposal has resulted in amenity impacts to the southern properties, with the adjoining residential dwellings to the south afforded sunlight for a portion of the day.

During the summer solstice period, as indicated within the figure above, the shadow at 9am, falls in a west direction. By midday, the majority of the shadow is contained within the development site with a small portion encroaching within the adjoining property to the north east by 3pm, the shadow is towards the south-east direction. This demonstrates the shadow associated with the proposal has not resulted in unreasonably amenity impacts, with all neighbouring sites afforded sunlight for the majority of the day.

The shadow impacts associated with the built form are considered to achieve the performance outcome for the following reasons:


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ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 It is considered the shadowing impacts will not unreasonably impact upon residential

development, with the most impacted site being the adjoining residential developments to the rear during the winter solstice. It is considered that the shadow impacts to the dwellings at the rear during the winter solstice would still exist if the proposed building was relocated 2.2 metres further towards the front of the site to maintain compliance with AO8.2;

The shadow cast by the proposed development into the adjoining sites to the rear during the winter solstice stagnate over the private open space areas only. Therefore the winter shadow will not adversely impact the adjoining dwellings from achieving adequate periods of sunlight for solar heat gain during winter periods;

As illustrated in Figure 8 (Aerial photo of site and adjoining properties) the adjoining residential development to the rear contain trees adjoining the subject sites rear boundary which will continue to cast shadow with the private open space areas of these sites for extended period of time during the winter solstice, irrelevant of the proposed development;

The subject site and the adjoining sites are identified within a part of the Medium density residential zone that is nominated as having a 29 metre height limit given the site’s proximity to the coastal spine. It is considered reasonable to expect some shadowing impacts within this area which envisions medium intensity built form outcomes up to 29 metres in height; and

Due to the existing development adjoining the site not exceed three (3) storeys in height, the cumulative impact of the shadow can be anticipated to add minimal additional impacts to the sun shadow diagrams provided.



Waste servicing


These provisions are assessed in relation to the Solid waste management development code.

Waste servicing


PO4

Waste and recycling servicing points are appropriately located and designed to facilitate safe, unobstructed and efficient servicing of waste containers.

AO4

Waste and recycling servicing points are located, designed and sufficiently sized consistent with SC6.13 City Plan policy –Solid waste management.

Note: Regulation of the access, stopping and manoeuvring of refuse collection vehicles are subject to meeting, Part 9.4.13 Transport code and associated City Plan guidelines.

Officer’s comment

Council’s health and regulatory services Section has reviewed the proposal and provided the following comments:

“In support of the application, the applicant has submitted a Waste Management Plan (WMP) prepared by Edge Consulting dated 2 April 2018 (reference: 18128_WMP_rev1). The following waste storage and servicing arrangements are proposed:

Waste removal system in the form of waste chutes;


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Combined waste storage and servicing point located adjacent to the lobby; 1 x 1500L general waste bulk bin and 1 x 1000L recyclable waste bulk bin service once

per week; and Off - site waste servicing by Council.

The applicant has indicated an area directly in front of the refuse bin storage room for a temporary refuse collection area which is within five metres of the front alignment and adjacent to the crossover.

The Waste Management Plan has been amended to include design requirements in accordance with Council’s Waste Policy.”

having regard to the above, Planning Assessment considers the proposed development satisfies the performance outcome.

Transport code


Car parking supply

Access to car parking facilities

Bicycle parking supply


These provisions are assessed in relation to the Transport development code.

Car parking supply


PO1

Development provides off-street car parking to accommodate the parking demand.

OR

Where located in the Centre zone or the Southport Priority Development Area at rates that:

(a) reduce congestion and car dependency;

(b) maximise the efficiency of car parking provided; and

(c) encourage alternative transport options such as walking, cycling and the use of public transport.

AO1

Off- street car parking spaces are provided in accordance with the identified relevant table as follows:

Location Off-street car parking rate

All zones except:

(a) Centre zone;

(b) High density residential zone (where located in the Transport hub area in Figure 9.4.13-1); or

(c) Special purposes zone – Special development area precinct – Southport Priority Development Area

Table 9.4.13-3

Multiple Dwelling

1 space per 1 bedroom dwelling;

1.25 spaces per 2 bedroom dwelling;


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1.5 spaces per 3 bedroom dwelling;

2 spaces per 4 bedroom dwelling; and

2 spaces + 1 space per 10 dwellings for visitors

Officer’s comment

To meet Acceptable outcome AO1 of the Transport code, a minimum of 22 car parking spaces are required, comprising at least 18 resident spaces and 4 visitor spaces (rounded up from 3.2 spaces). The proposal includes a total of 21 car parking spaces, comprising of 18 resident spaces and 3 visitor spaces. Therefore the proposal seeks an alternative outcome, to be assessed against the performance outcome.

Transport Assessment has reviewed the proposal and provided the following comments:

“While the proposed resident car parking supply meets the requirements of Acceptable outcome AO1, an alternative of 3 visitor car parking spaces are proposed for visitor use. Given the small scale of development (12 units) and accessibility by walking, cycling and public transport (approximately 120 metres to the nearest bus stop), the demand for visitor car parking is unlikely to exceed 3 spaces. It is therefore considered that compliance with Performance outcome PO1 of the Transport code is achieved.”

Access to car parking facilities


PO2

Development ensures that access to car parking spaces is provided for employees and bona fide visitors.

AO2

Car parking spaces for employees and visitors do not have gateways, doors or similar devices which restrict vehicular access.

Officer’s comment

The proposed drawings show a security gate at ground level that restricts access to the proposed visitor car parking spaces. Therefore the proposal seeks an alternative outcome, to be assessed against the performance outcome.


“In response to Performance outcome PO2, the applicant has proposed that the roller door remain open during daylight hours (7am – 7pm). An intercom is also proposed to allow after-hours access to visitor car parking spaces when the roller door is proposed. Conditions of approval have been imposed in accordance with the applicant’s proposal. It is therefore considered that compliance with Performance outcome PO2 is achieved.”

Bicycle parking supply


PO10

Development ensures that adequate off-street bicycle parking and end-of-trip facilities are provided to encourage use and meet the needs and volumes of predicted pedestrian and cyclist users.

AO10.1

Development provides off-street bicycle parking and end-of-trip facilities in accordance with Table 9.4.13-10: Bicycle parking rates and Table 9.4.13-11: End-of-trip facilities for active travel users.

Note: This AO does not apply to the following uses:

Dwelling house;

Secondary dwelling;

Dual occupancy; or

Multiple dwelling (where there are 3 dwellings or less).


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Multiple Dwelling Residents: 1 space per dwelling

Visitors: 1 space per 3 dwellings

Officer’s comment

To meet Acceptable outcome AO10.1 of the Transport code, the development is required to provide 12 security level B bicycle parking spaces for residents and 4 security level C spaces for visitors. The applicant has proposed an alternate outcome of 10 security level B bicycle parking spaces for residents and 2 security level C spaces for visitors. Therefore the proposal seeks an alternative outcome, to be assessed against the performance outcome.


“The proposed bicycle parking supply is considered to be satisfactory given that it meets Austroads bicycle parking requirements (4 resident spaces, 1 visitor space).

It is therefore considered that the proposed bicycle parking supply will meet the needs and volumes of cyclists in accordance with Performance outcome PO10 of the Transport code.”

While the proposal complies with all acceptable outcomes (except for the abovementioned outcome/s), comment is provided on the following for file purposes or where considered relevant, inclusion in the planning report:

Servicing


PO5

Development accommodates for the required design service vehicle, including waste collection vehicles to service the development.

AO5

Development is designed to cater for the largest service vehicle in accordance with Table 9.4.13-9: Minimum class of service vehicle.

Officer’s comment


“To meet Acceptable outcome AO5 of the Transport code, the development is required to provide standing room for a Medium Rigid Vehicle (MRV). The proposed development allows for a MRV to stand on the site at ground level. Compliance with Acceptable outcome AO5 is therefore achieved.”

Traffic impact assessment


PO20

Development is:

(a) appropriately located to reduce the need to travel by car and is accessible by public transport, walking and cycling; and

(b) designed to reduce impacts on the amenity, safety and operation of the road network through appropriate measures to ensure that the function and capacity of the road network is not compromised.

AO20

A Traffic Impact Assessment is prepared and submitted to Council in the following instances:

(a) when the development is identified as “any other use not listed in this table” or “any other undefined use” in Part 5 – Tables of assessment;

(b) when the development is freight dependent;

(c) when vehicle access will be required to a road identified on the Function road hierarchy map;

(d) when vehicle access will be required to a service road as identified on the Pacific motorway service road types overlay map;

(e) when vehicle access will be required within 100m


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of a signalised intersection;

(f) when vehicle access will be required within 50m of a roundabout; or

(g) when a new intersection is proposed.

Officer’s comment


“The development proposal does not trigger a requirement for a Traffic Impact Assessment (TIA) report in accordance with the criteria outlined in Acceptable outcome AO20 of the Transport code. Notwithstanding this, a TIA report was submitted and has been reviewed by officers. The report has determined that the proposed development has a traffic generation potential of 8 peak hour trips based on published trip generation rates. This equates to an average of 1 additional vehicle trip on the road network every 7 minutes. This increase in traffic activity will not have any appreciable impact upon the operation of surrounding intersections and a detailed capacity analysis is therefore not warranted.”

Development infrastructure – non-trunk

Non-Trunk development infrastructure is proposed to be provided to support development of the proposal for the following networks

Transport-

o A minimum 1.2 metre wide path linking the site’s pedestrian entry to the existing path on the verge of Nyrang Avenue.


The final estimated infrastructure charge is $220,951,38.

For further information on this matter, refer to the draft notice attached to this report entitled as Attachment: Infrastructure charges notice for the approved development.

7 LOCAL PLANNING INSTRUMENTS THAT MAY BE MATERIALLY AFFECTED BY THE DEVELOPMENT


8 REFERRALS


This application has been assessed by internal referral officers who have provided comments and reasonable and relevant conditions. An overview of the recommended conditions is provided in the table below:


107 ADOPTED REPORT

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 Internal city expert Conditions

City Architect

Officer’s comment

It is recommended the application be approved with conditions being imposed, as a result of this assessment by the Office of the City Architect.

The following conditions were provided:

Screening of visually offensive components

Nuisance

City Assets

Officer’s comment

It is recommended the application be approved with conditions being imposed, as a result of this assessment by City Assets.


Rectification of Council’s infrastructure

Existing infrastructure, structures and services

Construction of vehicular crossing

Health and Regulatory Services

Officer’s comment

It is recommended the application be approved with conditions being imposed, as a result of this assessment by the Health, Regulatory and Lifeguard Services Branch


Approved drawings

Approved plans

Hours of operation and loading and unloading

Screening of visually offensive components

Certification of works for acoustic compliance report, waste management compliance report, waste chute and construction, waste disposal points, waste storage room design and construction and bulk bin storage/servicing point.


Officer’s comment

It is recommended the application be approved with conditions being imposed, as a result of this assessment by Hydraulics and Water Quality.


Approved plans (Stormwater Management Plan and Flood Management Plan)

Private infrastructure

Flood emergency management

Overland flow paths and hydraulic alterations

Bioretention basin maintenance management plan

Certification of works (Post construction certificate and Flood storage compensation)


108 ADOPTED REPORT


Erosion and sediment control

Landscape Assessment

Officer’s comment

It is recommended the application be approved with conditions being imposed, as a result of this assessment by Landscape Assessment.


Landscape works on private land.

Plumbing and Drainage

Officer’s comment

It is recommended the application be approved with conditions being imposed, as a result of this assessment by Plumbing and Drainage.


Plumbing and drainage works


Officer’s comment

It is recommended the application be approved with conditions being imposed, as a result of this assessment by Subdivision Engineering.


Electrical reticulation

Telecommunications network

Certification of works for electricity supply and telecommunications.

Transport Assessment

Officer’s comment

It is recommended the application be approved with conditions being imposed, as a result of this assessment by Transport Assessment.


Off-street vehicle parking facilities

Off street bicycle and end of trip facilities

Intercom system

Footpaths

Water and Waste

Officer’s comment

It is recommended the application be approved with conditions being imposed, as a result of this assessment by Water and Waste


Rectification of Council infrastructure

Sewer reticulation

Water reticulation

Sub-metering

Fire loading


There is no concurrence or advice agency(s) triggered by this development application.

9 Letters of concern


109 ADOPTED REPORT

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 9.1 Overview

While a code assessable application is not subject to public notification, it is noted that five (5) letters of concern were received objecting to the development since the application was lodged with Council

9.2 Key matters raised in letters of concern

The issues raised in the letters of concern are discussed below:


On-street car parking availability The proposal is considered to provide sufficient on-site resident and visitor car parking spaces to meet the needs of the development in accordance with the Transport code, therefore negating the need for residents and visitors to require the use of on-street car parking spaces.

Conditions are recommended requiring the applicant to submit a Construction Management Plan which will ensure the parking of vehicles during construction activities will be appropriately managed.

Traffic capacity The submitted Traffic Impact Assessment identified that the proposal will result in an average of one (1) additional vehicle trip on the road network every seven (7) minutes.

Council’s Transport Assessment Section determined that this increase in traffic activity will not have any appreciable impact upon the operation of surrounding intersections.

Building height The Building height overlay map nominates the site as subject to a 29 metre height limit. The proposed building height is 28.7 metres and therefore the building height complies with assessment benchmarks for height within the City Plan.

Overshadowing Assessment of the proposed shadow has determined the shadow cast by the proposed building complies with performance outcome PO8 of the General development provisions code (See Section 5.3.2.3)

Density The proposed density has been assessed against the assessment benchmarks of the zone code. It has been determined that the proposed density complies with the assessment benchmarks of the zone code (see Section 5.3.2.1)

Increased flooding impacts - Due to more car Council’s Hydraulics and water quality section


110 ADOPTED REPORT


parking spaces and increased water pumping into drains.

has confirmed that the proposal will not increase the flooding impacts of the local area as stated below:

“The development proposes no loss of flood storage and no obstruction to sites passive flooding”

Further, as discussed in Section 5.3.2.1 the applicant submitted a Flood Emergency Management Plan which identifies that although the proposal will increase the number of persons on site, the proposal will reduce the level of risk to life and the number of persons likely to require evacuation.

Oversupply of market As discussed in Section 5.3.2.1, the proposed development is considered to contribute to the mixture of dwelling options within the locality. Specifically, the proposal will increase the availability of three (3) bedroom units within the locality to meet the future needs of families.

Concerns regarding the supply of dwellings are not grounds within the Planning Act 2016 or the City Plan for determining a development application.

Noise The findings of the submitted Acoustic report has been assessed by Council’s Health and Regulatory Services Section and is deemed to comply with the noise criteria within the Environmental Protection Act, subject to a conditions being implemented in the Officers recommendation limiting the hours of operation of the Communal Open Space to 7:00am to 10:00pm.

Character As discussed in Section 5.3.2.1, the proposal is considered to comply with the assessment benchmarks for character. The proposed textures, colours, finishes and geometric protrusions, together with the proposed scale and building height is considered to complement the intended character for the area as confirmed by the Office of the City Architect.

10 CONCLUSION

Council is in receipt of an application for a development permit for a material change of use to establish a Multiple dwelling (12 units) at 9 Nyrang Avenue, Palm Beach.

After a detailed assessment, it has been determined the proposal meets the applicable acceptable outcomes and performance outcomes of the Medium density residential zone code, with the exception


111 ADOPTED REPORT

ITEM 2 (Continued) DEVELOPMENT PERMIT FOR MAKING A MCU FOR MULTIPLE DWELLINGS (12 UNITS) AT 9 NYRANG AVENUE, PALM BEACH - DIVISION 13 PN21237/01/DA1 of performance outcome PO5 (Density).

In accordance with Section 5.3.3 of the City Plan, the development can still be assessed as complying with a code, provided it complies with the purpose and overall outcomes of the code. Based on the assessment provided, the assessment manager is satisfied the proposed development complies with the purpose and relevant overall outcomes relating to an increase in residential density within the Medium density residential zone code. Therefore, the proposal is considered to comply with the zone code.

Further, the proposal has been determined to meet the relevant acceptable outcomes and performance outcomes of the relevant overlay codes and development codes.

It is therefore recommended the application be approved, subject to conditions.

11 NOTIFICATIONS

The following property notifications will be applied:

Stormwater

Flood

No flood free access/egress

Flood inundation

Noise/Acoustic

12 RECOMMENDATION

It is recommended that Council resolves as follows:

That Council approves (with conditions) the issue of a development permit for a material change of use for Multiple dwellings (12 units), as follows:

General

1 Timing



2 Approved drawings

Undertake and maintain the development generally in accordance with the following drawings:

Planning


Context Plan and Development Summary

NAM-Concept 24.04.2018 SK001 C

3D Perspective NAM-Concept 24.04.2018 SK002 A

Design Intent and Materials Colours NAM-Concept 24.04.2018 SK003 A


112 ADOPTED REPORT


Floor Plan - Ground NAM-Concept 21.06.2018 SK100 O

Floor Plan – Level 1 NAM-Concept 24.04.2018 SK101 C

Floor Plan - Typical NAM-Concept 24.04.2018 SK101A J

Floor Plan - Rooftop NAM-Concept 24.04.2018 SK102 E

South East Elevation NAM-Concept 24.04.2018 SK400 A

North East Elevation NAM-Concept 24.04.2018 SK401 A

North West Elevation NAM-Concept 24.04.2018 SK402 A

South West Elevation NAM-Concept 31.07.2018 SK403 D


3 Approved Plans

Undertake and maintain the development generally in accordance with the following plans.



Proposed Residential Development 9 Nyrang Avenue Palm Beach

Acoustic Report

Acoustic Works

19/4/18 2018124 R01B 9 Nyrang Avenue Beach RTN ENV

R01B

LAT-28.1 9 Nyrang Avenue Palm Beach Waste Management Plan

Edge Consulting Engineers

14/6/18 18128_WMP_rev.2 2



“Site Based Stormwater Management Plan, Revision 3.0 (18128_SBSMP_rev3)”

Edge Consulting Engineers Pty Ltd

09 July 2018 18128_SBSMP_rev3 3

“Flood Management Plan” Knobel Consulting Pty Ltd

21 June 2018

K4402-0003-A A

Property

4 Private infrastructure

Ownership, operation and maintenance of the following private infrastructure is to vest at all times with the Body Corporate and/or legal authority:

a Stormwater management devices and infrastructure monitored and managed in accordance with City Plan Policy SC6.11 – Land development guidelines and with reference to the Water by Design document Maintaining Vegetated Stormwater Assets.

5 Flood emergency management (specific condition)

a Ensure residents/occupants of the property are moved into the refuge area or evacuated into a safe place during flood events in accordance with the approved Flood Emergency Management Plan (FEMP), being “Flood Management Plan, Revision A(K4402-0003-A)”


113 ADOPTED REPORT


dated 21 June 2018 prepared by Knobel Consulting Pty Ltd.

b Ensure the FEMP is included into the site management and Body Corporate By-Laws.

c The Body Corporate or legal entity must provide a copy of the approved FEMP to each new purchaser to ensure resident(s) are informed about:

i The requirement for the FEMP to be complied with at all times for the life of the development and the use of the premises;

ii The flood hazard on the site; and

iii Procedures during major flood events.

Amenity

6 Hours of operation and loading and unloading

a Ensure communal open space activities are between the hours of 7 am to 10 pm, Monday to Sunday, public holidays included.

7 Screening of visually offensive components

Locate and screen the following components of the development so that they are not visible from any road to which the site has frontage, adjoining premises or otherwise on display from any public thoroughfare or vantage point:

a Refuse storage areas

b Service equipment

c Mechanical ventilation

d Refrigeration units

e Storage areas for machinery, materials, vehicles or the like.

8 Nuisance

Undertake and operate the development in a manner that causes no detrimental effect upon surrounding premises by reason of noise nuisance, lighting nuisance or other such emissions. Specifically:

a Provide screening to the ground floor car park to visually screen the vehicles and internal under croft lighting so they are not visible from any road, adjoining premises or otherwise on display from any public area.

b Position and shield all lighting to prevent direct or reflected light emissions from spilling outside of the boundaries of the site.


9 Landscaping works on private land

a Obtain an operational works approval to landscape the site generally in accordance with the Statement of Landscape Intent listed below, prior to a request is made to Council to approve the commencement of the use at no cost to Council:


Landscape Concept Plan LAUD Ink 22.06.2018 1802-008 B


i Unless otherwise specified in these conditions, tree species must be a minimum bag size of 100L at the time of planting.

ii Palm species must be a minimum 3 metres in height at the time of planting.

iii Unless otherwise specified in these conditions, shrub species must be a minimum 200mm pot size at the time of planting.

iv Screening shrubs must be able to achieve a minimum height of three (3) metres at


114 ADOPTED REPORT


maturity and be a minimum 300mm pot size at the time of planting.

v Install one (1) Pandanus sp. specimen within the frontage setback area at ex-ground, a minimum 3 metres in height and multi headed at the time of planting.

vi Substitute all proposed Bambusa sp. specimens with Syzygium (or similar) screening shrub specimens.

vii Install a row of screening shrubs at 1 metre centres along the side and rear boundaries.

viii Screening shrubs adjacent the car stacker along the rear must be a minimum 100L bag size at the time of planting.

ix Vine planting must be incorporated along the base of the southern car-stacker screen wall; notes must be incorporated into the detailed landscape plan regarding maintenance and training of the vines.

x Tree species planted with root zones adjacent to structures must have root control barriers and/or structure strengthening systems installed. Full demonstration of these systems is required.

xi Planter boxes where trees are to be planted must possess a minimum surface area of 6m². Tree species must be chosen which are suitable for root zones growing in confined planting locations.

xii Planter boxes containing tree species potentially exposed to prevailing winds or funnelled wind must be designed with root plate anchorage strengthening considerations or similar to prevent failure.

xiii An automatic irrigation system must be provided to all podium planter boxes.

xiv The locations and cross section of all proposed bio-retention systems as required by the sites approved Stormwater Management Plan and identify:

o Proposed filter media depths and surface treatments.

xv Frontage fencing must not be constructed forward of the building line.

xvi A 1.8m to 2.0m high timber fence for the length of the side and rear boundaries in accordance with the approved drawings referenced in condition 2.

xvii All road reserve turf must be repaired and replaced if damaged.

b Construct and maintain the private landscaping identified above at no cost to Council at all times.

Transport

10 Off street vehicle and car parking facilities

a Design and construct off street vehicle facilities at no cost to Council prior to the commencement of the use, generally in accordance with the Transport code of the City Plan and include in particular:

i A minimum of 21 car parking spaces, comprising:

o 18 resident spaces; and

o 3 visitor spaces.

ii All spaces are drained, sealed and line marked.

iii The security gate at ground level is to remain open between the hours of 7am and 7pm to allow access to visitor car parking.

iv Clearly identified signage and directional markings including:

o Visitor car parking spaces are to be clearly identifiable through the provision of signage denoting “Visitor Parking”.

b Maintain the off street vehicle and parking facilities at no cost to Council at all times.


115 ADOPTED REPORT


11 Off street bicycle parking and end of trip facilities

a. Design, construct and maintain a minimum of 12 off street bicycle parking facilities at no cost to Council generally in accordance with the Transport Code of the City Plan and include in particular:

i A minimum of 10 Security Level B spaces for residents.

ii A minimum of 2 Security Level C spaces for visitors.

iii Signs and/or line marking to give direction to visitor bicycle parking, to be visible to cyclists upon entering the site, in accordance with AS2890.3. Signage and/or line marking is to be provided along the route and where bicycle parking is provided.

b. Undertake all works prior to commencement of the use.

12 Intercom system

a Design, construct and maintain an intercom system at no cost to Council.

b The intercom must be linked to each dwelling and allow opening of the security gate from with each dwelling.

c Install the intercom system prior to commencement of the use.

Engineering

13 Footpaths

a Obtain an operational works approval for the design and construction of the following footpaths, prior to commencement of the use at no cost to Council:

i A minimum 1.2 metre wide path linking the site’s pedestrian entry to the existing path on the verge of Nyrang Avenue.

b Construct and maintain the footpaths identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy – Land development guidelines.


a Rectify any damage caused to Council infrastructure (including kerb, channelling, service pits, footpaths and water and sewer reticulation networks) prior to commencement of the use at no cost to Council.


15 Existing infrastructure, structures and services

a Obtain an operational works approval for the removal/ relocation of existing infrastructure, structures and services prior to a request being made to Council to approve the plan of subdivision/commencement of the use at no cost to Council and include in particular:

i Remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).

ii Remove redundant vehicular crossing.

16 Construction of vehicular crossing

Design and construct the vehicular crossing generally in accordance with the Driveways and vehicular crossing code of the City Plan



a Provide underground electricity to the subject building/s.


116 ADOPTED REPORT


b No additional poles are to be erected within public roads.




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



Stormwater Drainage







20 Bioretention basin maintenance management plan (specific condition)

a Prepare and implement a bioretention basin maintenance management plan (MMP) prior to the commencement of the use. The MMP must be prepared by a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater management in accordance with City Plan Policy – SC6.11 Land Development Guidelines and with reference to the Water by Design document Maintaining Vegetated Stormwater Assets, Version 1 February 2012.

b The MMP must include, but not necessarily be limited to, the following key information:

i Design intent and description of the device(s).

ii The location and specific dimensions of the device(s).

iii Approved / designed water quality objectives.

iv Water quality monitoring procedures.

v Monitoring frequency.

vi Specifications and procedures for device(s) maintenance.

vii Plant and equipment access details for maintenance activities.

viii Maintenance activity schedule defining frequency, area (m2) per maintenance zone, hours, staff, plant and equipment, approximate costs per rotation, and per annum.

ix Performance indicators / intervention levels / triggers for reactive maintenance.

x Any necessary preventative maintenance measures.

xi Acceptable solutions for specific items, i.e. acceptable plant species substitutions based on availability, hydraulic conductivity, water quality objectives, etc.

xii Approximate lifecycle maintenance costs.


21 Sewer reticulation

a Obtain an operational works approval for design, construction and connection of the proposal to Council’s sewer network at the existing 150 mm sewer main in Nyrang Avenue


117 ADOPTED REPORT


Cul-de-sac, prior to commencement of the use at no cost to Council and include in particular:

i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), Water and Sewerage Connections Policy.

ii The size of the sewer property service connection must be a minimum of 150 mm in accordance with Section 4.5.4 of the SEQ Water Supply & Sewerage Design & Construction Code (SEQ WS&S D&C Code).


a Obtain an operational works approval for design, construction and connection of the proposal to Council’s potable water supply network at the existing 100 mm main in Nyrang Avenue Cul-de-sac, prior to commencement of the use at no cost to Council and include in particular:

i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), and Water and Sewerage Connections Policy.


23 Sub-metering

Provide individual sub-metering for each lot/unit including common property generally in accordance with the Metering Technical Specifications and the Water and Sewerage Connections Policy.

24 Fire loading

Fire loading must not exceed 15 L/s for 4 hours.


25 Certification of works - Hydraulics and Water Quality



Certified document

Certification

date

Plan/ Drawing

Expert discipline



Prior to commencement of the use

“Site Based Stormwater Management Plan, Revision 3.0 (18128_SBSMP_rev3)” dated 09 July 2018 prepared by Edge Consulting Engineers Pty Ltd


Development Compliance


All stormwater devices (quantity and quality) shown in the approved stormwater


118 ADOPTED REPORT


management plan and associated design drawings have been installed on-site in accordance with Council’s approved stormwater management plan and are functioning as designed.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Flood storage compensation

Immediately after completion of earthworks

“Flood Management Plan, Revision A(K4402-0003-A)” dated 21 June 2018 prepared by Knobel Consulting Pty Ltd




All works have been carried out and completed in accordance with the approved report and no loss of flood plain storage has occurred as a result of the earthworks. The certification must be accompanied by calculations and as constructed data that:

i Includes existing and proposed triangulated surface meshes which can be produced by computer terrain modelling software packages such as Civil-Cad, 12D or KEAYS

ii Has been compared with the pre-development surface levels to ensure that no loss of floodplain storage has occurred.

26 Certification of works - Subdivision Engineering



Certified document

Certification date

Plan/ Drawing

Expert discipline







Underground electricity supply is available to the development site and all proposed dwellings.


Certified document

Certification date

Plan/ Drawing

Expert discipline



119 ADOPTED REPORT








Telecommunication infrastructure has been undertaken and installed in accordance with telecommunications industry standards (e.g. Telstra / NBN Co standards).

27 Certification of works - Health and Regulatory Services



Certified document

Certification date

Plan/ Drawing

Expert discipline


Acoustic compliance report



Acoustic Report prepared by Acoustic Works dated 19/4/18 ref. 2018124 R01B 9 Nyrang Avenue Beach RTN ENV

Acoustic Engineer



The development has been designed in accordance with the established noise criteria and recommendations outlined in an approved Acoustic Report.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste Management compliance report


LAT-28.1 9 Nyrang Avenue Palm Beach Waste Management Plan prepared by Edge

Suitably qualified person



120 ADOPTED REPORT


Consulting Engineers dated 14/6/18 ref. 18128_WMP_rev.2


The development has been designed and constructed in accordance with the recommendations outlined in an approved Waste Management Plan.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste chute and construction





The waste chute has been located, designed and constructed in accordance with SC6.13 City Plan policy – Solid waste management, section 13.17 – Waste Chutes.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste disposal points





The waste disposal points have been located, designed and constructed in accordance with SC6.13 City Plan policy – Solid waste management, section 13.17 – Waste Chutes.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste storage room design and construction





The waste storage room has been located, designed and constructed in accordance with SC6.13 City Plan policy – Solid waste management, section 13.17 – Waste Chutes.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Bulk bin storage/servicing point





121 ADOPTED REPORT



The bulk bin servicing point has been located, designed and constructed in accordance with SC6.13 City Plan policy – Solid waste management, section 13.13 Bin storage points and bin wash-down facility requirements & 13.14 – Bin servicing points.


a Undertake Erosion and sediment control measures generally in accordance with the Healthy waters code of the City Plan and ensure:

i Sediment control structures e.g.: a sediment fence is placed at the base of all materials imported on site to mitigate sediment run-off.

ii A perimeter bund and/or diversion drain is constructed around the disturbed areas to prevent any outside clean stormwater from mixing with polluted polluted/contaminated stormwater.

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

iv Inspections for erosion and sediment control measures occur in accordance with the compliance procedures in City Planning Policy SC6.11 – Land development guidelines – Compliance.

29 Construction management plan

a Prepare and submit for approval a Construction management plan generally in accordance with the Guidelines for Construction Management Plans prior to any works commencing.

b The Construction management plan must be prepared by a suitably qualified professional and include in particular.

i Provide hours of construction.

ii Provide details on vehicle access (including responsibility for maintenance of the defined cartage route) during construction hours.

iii Provide details on traffic management (including loading, unloading and cartage routes).

iv Parking of vehicles (including on site employees and delivery vehicles).

v Maintenance of safe pedestrian movement across the site’s frontage/s (including people with disabilities).

vi Provide details for the collection and control of Building waste and refuse disposal.

vii Details on the presentation of hoarding to the street.

viii Provide details for tree management.

ix Demonstrate how the general public will be protected from construction activities.

x Provide details on how the building site will be kept clean and tidy to maintain public safety and amenity.

c Implement the Construction management plan during all construction works at no cost to Council.

Note:

Should the development be under construction during the year of the Gold Coast Commonwealth Games for the period January 2018 through to May 2018, the applicant will be required to undertake a specific Commonwealth Games Construction Management Plan which will deal with impacts such as road and footpath closures and elevated expectations of the


122 ADOPTED REPORT


presentation of construction sites.

30 Noise management plan

a Prepare and submit for approval a Noise management plan addressing construction activities prior to any works commencing.

b The Noise management plan must be prepared by a suitably qualified professional and include in particular.

i Provide details of expected noise sources.

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

iii Identify the measures and work procedures to monitor noise emissions.

iv Provide details of complaint response procedures.

v Identify procedures to monitor and review the noise management plan.

c Implement the Noise management plan prior to any works commencing at no cost to Council.



Plumbing and Drainage Act 2002

32 Plumbing and drainage works

Obtain a compliance permit for all plumbing and drainage work prior to any compliance assessable work commencing.

Note:

A compliance permit for plumbing and drainage works cannot approve the discharge of trade waste to Council’s sewerage system. The generator of trade waste must complete an application for approval to discharge trade waste to Council’s Sewerage System (available on Council’s website).

Advice Notes



B Infrastructure charges

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

C Further development permits/compliance permits





123 ADOPTED REPORT



- Compliance permit for plumbing and drainage work

Transport Impact Assessment

- Operational works - Infrastructure

Water and Waste

- Operational works – Infrastructure

- Application to work on the City’s infrastructure


Subsequent development applications (ie: Operational works) will be assessed in accordance with the City Plan Version at the time of lodgement (excluding instances where Variation/Preliminary approval exists).

D Development infrastructure

Development infrastructure required to be provided in implementing this development approval is non-trunk development infrastructure unless otherwise stated in a condition of the approval.

E No flood free access/egress

A property notification will be applied to the lot/subsequent lots stating the property does not have flood free access/egress during 100 year ARI (Average Recurrence Interval) flood events.

F Stormwater

A property notification will be applied to the lot/subsequent lots stating a stormwater management plan exists for the site and must be complied with at all times.

G Connections to, alteration or realignment of Council infrastructure



H Connections and disconnections


Refer to Water and Sewerage Connections Policy, available on Council’s websitehttp://www.cityofgoldcoast.com.au

I Water meter sizing

All water meters 50 mm in diameter or larger require an operation works approval.

Refer to Water and Sewerage Connections Policy, available on Council’s website: http://www.cityofgoldcoast.com.au


124 ADOPTED REPORT


J Connections to, alteration or realignment of Council infrastructure



K Indigenous cultural heritage legislation and duty of care requirement








The applicant should contact DATSIMA’s Cultural Heritage Coordination Unit on (07) 3405 3050 for further information on the responsibilities of developers under the ACHA.

L 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 liming 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 commended 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 Environment 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 exceed $150,000. Acceptable proof of payment is a Q.Leave –Notification and Payment Form approved by the Authority. Proof of payment must be provided before Council can issue a development permit for the Operational works. This is a requirement of section 77(1) of the Building and Construction Industry (Portable Long Service Leave) Act 1991; and


125 ADOPTED REPORT


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

g Obtaining any necessary local government/state approvals where works require the installation of temporary ground anchoring into adjacent Road Reserves. Where ground anchoring is proposed into an adjacent private property, approval from the relevant property owners(s) is required.

M Gold Coast Airport approval of building and/or structure height

Any building or structure (including construction crane or other temporary equipment) in the City extending to a height of 110 metres or more above ground level must be notified to Gold Coast Airport Pty Ltd.

N Buildings and/or structure exceeding the Gold Coast Airport Obstacle Limitation Surface (OLS)

Commonwealth approval via an application made through Gold Coast Airport Pty Ltd is required for any part of the building or structure (including construction cranes or other temporary equipment) exceeding the Obstacle Limitation Surface (OLS) 140 metres AHD.

Application must be made to Gold Coast Airport Pty Ltd within a minimum of eight weeks notice prior to the use of construction cranes or any other equipment that would exceed the OLS height limit.

O Notice of works timetable

The applicant is responsible for providing a Notice of works timetable for Commencement of work to Council’s Development Compliance section. A copy of Council’s Notice of works timetable is available for viewing on Council’s website http://www.goldcoast.qld.gov.au/documents/fa/fm579_notice-of-works.pdf

Property Notifications

A Stormwater

There are development approval conditions applicable in relation to stormwater management on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201800493). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

B Flood

There are development approval conditions applicable in relation to flooding impacts on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201800493). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

C No flood free access/egress

Owners and intended purchasers are advised the property does not have flood free access/egress during 100 year ARI (Average Recurrence Interval) flood events. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201800493). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

D Flood inundation

Owners and intending purchasers are advised the basement and/or property is subject to inundation during extreme flood events. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201800493). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline


126 ADOPTED REPORT


E Noise/Acoustic

There are development approval conditions applicable in relation to acoustic issues on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice MCU201800493. A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

Author: Authorised by:

Shane Weterings Alisha Swain

Planner Director Economy, Planning and Environment

August 2018


127 ADOPTED REPORT


Committee Recommendation Adopted At Council 28 August 2018 Changed Recommendation Changed Condition 2 Amended Condition 10 COMMITTEE RECOMMENDATION EPE18.0822.002 moved Cr Caldwell seconded Cr Owen-Jones That Council approves (with conditions) the issue of a development permit for a material change of use for Multiple dwellings, as follows:

General

1 Timing



2 Amended drawings


Planning


Context Plan and Development Summary

NAM-Concept 24.04.2018 SK001 C

3D Perspective NAM-Concept 24.04.2018 SK002 A

Design Intent and Materials Colours

NAM-Concept 24.04.2018 SK003 A

Floor Plan - Ground NAM-Concept 21.06.2018 SK100 O

Floor Plan – Level 1 NAM-Concept 24.04.2018 SK101 C

Floor Plan - Typical NAM-Concept 24.04.2018 SK101A J

Floor Plan - Rooftop NAM-Concept 24.04.2018 SK102 E

South East Elevation NAM-Concept 24.04.2018 SK400 A

North East Elevation NAM-Concept 24.04.2018 SK401 A

North West Elevation NAM-Concept 24.04.2018 SK402 A


128 ADOPTED REPORT


South West Elevation NAM-Concept 31.07.2018 SK403 D


a Reduce the ground floor/undercroft from 4.5 metres to 3.0 metres in height.

b Removal of 4 apartments and 12 bedrooms.

c Removal of 6 car stackers.

3 Approved Plans

Undertake and maintain the development generally in accordance with the following plans.




Acoustic Report

Acoustic Works

19/4/18 2018124 R01B 9 Nyrang Avenue Beach RTN ENV

R01B

LAT-28.1 9 Nyrang Avenue Palm Beach Waste Management Plan

Edge Consulting Engineers

14/6/18 18128_WMP_rev.2 2



“Site Based Stormwater Management Plan, Revision 3.0 (18128_SBSMP_rev3)”

Edge Consulting Engineers Pty Ltd

09 July 2018 18128_SBSMP_rev3 3

“Flood Management Plan” Knobel Consulting Pty Ltd

21 June 2018

K4402-0003-A A

Property

4 Private infrastructure

Ownership, operation and maintenance of the following private infrastructure is to vest at all times with the Body Corporate and/or legal authority:

a Stormwater management devices and infrastructure monitored and managed in accordance with City Plan Policy SC6.11 – Land development guidelines and with reference to the Water by Design document Maintaining Vegetated Stormwater Assets.

5 Flood emergency management (specific condition)

a Ensure residents/occupants of the property are moved into the refuge area or evacuated into a safe place during flood events in accordance with the approved Flood Emergency Management Plan (FEMP), being “Flood Management Plan, Revision A(K4402-0003-A)” dated 21 June 2018 prepared by Knobel Consulting Pty Ltd.

b Ensure the FEMP is included into the site management and Body Corporate By-Laws.

c The Body Corporate or legal entity must provide a copy of the approved FEMP to each new purchaser to ensure resident(s) are informed about:

i The requirement for the FEMP to be complied with at all times for the life of the development and the use of the premises;

ii The flood hazard on the site; and

iii Procedures during major flood events.


129 ADOPTED REPORT


Amenity

6 Hours of operation and loading and unloading

a Ensure communal open space activities are between the hours of 7 am to 10 pm, Monday to Sunday, public holidays included.




b Service equipment




8 Nuisance

Undertake and operate the development in a manner that causes no detrimental effect upon surrounding premises by reason of noise nuisance, lighting nuisance or other such emissions. Specifically:

a Provide screening to the ground floor car park to visually screen the vehicles and internal under croft lighting so they are not visible from any road, adjoining premises or otherwise on display from any public area.

b Position and shield all lighting to prevent direct or reflected light emissions from spilling outside of the boundaries of the site.


9 Landscaping works on private land

a Obtain an operational works approval to landscape the site generally in accordance with the Statement of Landscape Intent listed below, prior to a request is made to Council to approve the commencement of the use at no cost to Council:


Landscape Concept Plan LAUD Ink 22.06.2018 1802-008 B


i Unless otherwise specified in these conditions, tree species must be a minimum bag size of 100L at the time of planting.

ii Palm species must be a minimum 3 metres in height at the time of planting.

iii Unless otherwise specified in these conditions, shrub species must be a minimum 200mm pot size at the time of planting.

iv Screening shrubs must be able to achieve a minimum height of three (3) metres at maturity and be a minimum 300mm pot size at the time of planting.

v Install one (1) Pandanus sp. specimen within the frontage setback area at ex-ground, a minimum 3 metres in height and multi headed at the time of planting.

vi Substitute all proposed Bambusa sp. specimens with Syzygium (or similar) screening shrub specimens.

vii Install a row of screening shrubs at 1 metre centres along the side and rear boundaries.

viii Screening shrubs along the rear must be a minimum 100L bag size at the time of


130 ADOPTED REPORT


planting.

ix Vine planting must be incorporated along the base of the southern screen wall; notes must be incorporated into the detailed landscape plan regarding maintenance and training of the vines.

x Tree species planted with root zones adjacent to structures must have root control barriers and/or structure strengthening systems installed. Full demonstration of these systems is required.

xi Planter boxes where trees are to be planted must possess a minimum surface area of 6m². Tree species must be chosen which are suitable for root zones growing in confined planting locations.

xii Planter boxes containing tree species potentially exposed to prevailing winds or funnelled wind must be designed with root plate anchorage strengthening considerations or similar to prevent failure.

xiii An automatic irrigation system must be provided to all podium planter boxes.

xiv The locations and cross section of all proposed bio-retention systems as required by the sites approved Stormwater Management Plan and identify:

o Proposed filter media depths and surface treatments.

xv Frontage fencing must not be constructed forward of the building line.

xvi A 1.8m to 2.0m high timber fence for the length of the side and rear boundaries in accordance with the approved drawings referenced in condition 2.

xvii All road reserve turf must be repaired and replaced if damaged.

b Construct and maintain the private landscaping identified above at no cost to Council at all times.

Transport



i A minimum of 15 car parking spaces, comprising:

o 12 resident spaces; and

o 3 visitor spaces.

ii All spaces are drained, sealed and line marked.

iii The security gate at ground level is to remain open between the hours of 7am and 7pm to allow access to visitor car parking.

iv Clearly identified signage and directional markings including:

o Visitor car parking spaces are to be clearly identifiable through the provision of signage denoting “Visitor Parking”.


11 Off street bicycle parking and end of trip facilities

a Design, construct and maintain a minimum of 12 off street bicycle parking facilities at no cost to Council generally in accordance with the Transport Code of the City Plan and include in particular:

i A minimum of 10 Security Level B spaces for residents.

ii A minimum of 2 Security Level C spaces for visitors.

iii Signs and/or line marking to give direction to visitor bicycle parking, to be visible to cyclists upon entering the site, in accordance with AS2890.3. Signage and/or line


131 ADOPTED REPORT


marking is to be provided along the route and where bicycle parking is provided.

b Undertake all works prior to commencement of the use.

12 Intercom system

a Design, construct and maintain an intercom system at no cost to Council.

b The intercom must be linked to each dwelling and allow opening of the security gate from with each dwelling.

c Install the intercom system prior to commencement of the use.

Engineering

13 Footpaths

a Obtain an operational works approval for the design and construction of the following footpaths, prior to commencement of the use at no cost to Council:

i A minimum 1.2 metre wide path linking the site’s pedestrian entry to the existing path on the verge of Nyrang Avenue.

b Construct and maintain the footpaths identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy – Land development guidelines.





a Obtain an operational works approval for the removal/ relocation of existing infrastructure, structures and services prior to a request being made to Council to approve the plan of subdivision/commencement of the use at no cost to Council and include in particular:

i Remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).

ii Remove redundant vehicular crossing.


Design and construct the vehicular crossing generally in accordance with the Driveways and vehicular crossing code of the City Plan



a Provide underground electricity to the subject building/s.

b No additional poles are to be erected within public roads.




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

b All new pit and pipe infrastructure required to be installed along public road(s), must be


132 ADOPTED REPORT


suitably sized to cater for future installation of fibre optic cables.


Stormwater Drainage







20 Bioretention basin maintenance management plan (specific condition)

a Prepare and implement a bioretention basin maintenance management plan (MMP) prior to the commencement of the use. The MMP must be prepared by a Registered Professional Engineer Queensland (RPEQ) specialising in stormwater management in accordance with City Plan Policy – SC6.11 Land Development Guidelines and with reference to the Water by Design document Maintaining Vegetated Stormwater Assets, Version 1 February 2012.

b The MMP must include, but not necessarily be limited to, the following key information:

i Design intent and description of the device(s).

ii The location and specific dimensions of the device(s).

iii Approved / designed water quality objectives.

iv Water quality monitoring procedures.

v Monitoring frequency.

vi Specifications and procedures for device(s) maintenance.

vii Plant and equipment access details for maintenance activities.

viii Maintenance activity schedule defining frequency, area (m2) per maintenance zone, hours, staff, plant and equipment, approximate costs per rotation, and per annum.

ix Performance indicators / intervention levels / triggers for reactive maintenance.

x Any necessary preventative maintenance measures.

xi Acceptable solutions for specific items, i.e. acceptable plant species substitutions based on availability, hydraulic conductivity, water quality objectives, etc.

xii Approximate lifecycle maintenance costs.


21 Sewer reticulation

a Obtain an operational works approval for design, construction and connection of the proposal to Council’s sewer network at the existing 150 mm sewer main in Nyrang Avenue Cul-de-sac, prior to commencement of the use at no cost to Council and include in particular:

i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), Water and Sewerage Connections Policy.

ii The size of the sewer property service connection must be a minimum of 150 mm in accordance with Section 4.5.4 of the SEQ Water Supply & Sewerage Design & Construction Code (SEQ WS&S D&C Code).


133 ADOPTED REPORT



a Obtain an operational works approval for design, construction and connection of the proposal to Council’s potable water supply network at the existing 100 mm main in Nyrang Avenue Cul-de-sac, prior to commencement of the use at no cost to Council and include in particular:

i Be in accordance with the SEQ Water Supply & Sewerage Design and Construction Code (SEQ WS&S D&C Code), and Water and Sewerage Connections Policy.


23 Sub-metering

Provide individual sub-metering for each lot/unit including common property generally in accordance with the Metering Technical Specifications and the Water and Sewerage Connections Policy.

24 Fire loading

Fire loading must not exceed 15 L/s for 4 hours.





Certified document

Certification

date

Plan/ Drawing

Expert discipline




“Site Based Stormwater Management Plan, Revision 3.0 (18128_SBSMP_rev3)” dated 09 July 2018 prepared by Edge Consulting Engineers Pty Ltd






Certified document

Certification date

Plan/ Drawing

Expert discipline


Flood storage Immediately “Flood Registered Developme


134 ADOPTED REPORT


compensation after completion of earthworks

Management Plan, Revision A(K4402-0003-A)” dated 21 June 2018 prepared by Knobel Consulting Pty Ltd

Professional Engineer Queensland (RPEQ)

nt Compliance


All works have been carried out and completed in accordance with the approved report and no loss of flood plain storage has occurred as a result of the earthworks.

The certification must be accompanied by calculations and as constructed data that:

i Includes existing and proposed triangulated surface meshes which can be produced by computer terrain modelling software packages such as Civil-Cad, 12D or KEAYS

ii Has been compared with the pre-development surface levels to ensure that no loss of floodplain storage has occurred.

26 Certification of works - Subdivision Engineering



Certified document

Certification date

Plan/ Drawing

Expert discipline







Underground electricity supply is available to the development site and all proposed dwellings.


Certified document

Certification date

Plan/ Drawing

Expert discipline



Agreement Advice or Completion Letter from Telstra. Alternatively, a copy of Master Development Agreement or Small Development





135 ADOPTED REPORT


Agreement from NBN Co).


Telecommunication infrastructure has been undertaken and installed in accordance with telecommunications industry standards (e.g. Telstra / NBN Co standards).

27 Certification of works - Health and Regulatory Services



Certified document

Certification date

Plan/ Drawing

Expert discipline


Acoustic compliance report



Acoustic Report prepared by Acoustic Works dated 19/4/18 ref. 2018124 R01B 9 Nyrang Avenue Beach RTN ENV

Acoustic Engineer



The development has been designed in accordance with the established noise criteria and recommendations outlined in an approved Acoustic Report.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste Management compliance report


LAT-28.1 9 Nyrang Avenue Palm Beach Waste Management Plan prepared by Edge Consulting Engineers dated 14/6/18 ref. 18128_WMP




136 ADOPTED REPORT


_rev.2


The development has been designed and constructed in accordance with the recommendations outlined in an approved Waste Management Plan.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste chute and construction





The waste chute has been located, designed and constructed in accordance with SC6.13 City Plan policy – Solid waste management, section 13.17 – Waste Chutes.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste disposal points





The waste disposal points have been located, designed and constructed in accordance with SC6.13 City Plan policy – Solid waste management, section 13.17 – Waste Chutes.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Waste storage room design and construction





The waste storage room has been located, designed and constructed in accordance with SC6.13 City Plan policy – Solid waste management, section 13.17 – Waste Chutes.


Certified document

Certification date

Plan/ Drawing

Expert discipline


Bulk bin storage/servicing point





The bulk bin servicing point has been located, designed and constructed in accordance with SC6.13 City Plan policy – Solid waste management, section 13.13 Bin storage points and bin wash-down facility requirements & 13.14 – Bin servicing points.


137 ADOPTED REPORT







iv Inspections for erosion and sediment control measures occur in accordance with the compliance procedures in City Planning Policy SC6.11 – Land development guidelines – Compliance.

29 Construction management plan

a Prepare and submit for approval a Construction management plan generally in accordance with the Guidelines for Construction Management Plans prior to any works commencing.

b The Construction management plan must be prepared by a suitably qualified professional and include in particular.

i Provide hours of construction.

ii Provide details on vehicle access (including responsibility for maintenance of the defined cartage route) during construction hours.

iii Provide details on traffic management (including loading, unloading and cartage routes).

iv Parking of vehicles (including on site employees and delivery vehicles).

v Maintenance of safe pedestrian movement across the site’s frontage/s (including people with disabilities).

vi Provide details for the collection and control of Building waste and refuse disposal.

vii Details on the presentation of hoarding to the street.

viii Provide details for tree management.

ix Demonstrate how the general public will be protected from construction activities.

x Provide details on how the building site will be kept clean and tidy to maintain public safety and amenity.

c Implement the Construction management plan during all construction works at no cost to Council.

Note:

Should the development be under construction during the year of the Gold Coast Commonwealth Games for the period January 2018 through to May 2018, the applicant will be required to undertake a specific Commonwealth Games Construction Management Plan which will deal with impacts such as road and footpath closures and elevated expectations of the presentation of construction sites.

30 Noise management plan

a Prepare and submit for approval a Noise management plan addressing construction activities prior to any works commencing.

b The Noise management plan must be prepared by a suitably qualified professional and include in particular.

i Provide details of expected noise sources.


138 ADOPTED REPORT


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

iii Identify the measures and work procedures to monitor noise emissions.

iv Provide details of complaint response procedures.

v Identify procedures to monitor and review the noise management plan.

c Implement the Noise management plan prior to any works commencing at no cost to Council.






Note:


Advice Notes



B Infrastructure charges

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

C Further development permits/compliance permits







- Operational works - Infrastructure

Water and Waste


139 ADOPTED REPORT


- Operational works – Infrastructure

- Application to work on the City’s infrastructure


Subsequent development applications (ie: Operational works) will be assessed in accordance with the City Plan Version at the time of lodgement (excluding instances where Variation/Preliminary approval exists).

D Development infrastructure


E No flood free access/egress

A property notification will be applied to the lot/subsequent lots stating the property does not have flood free access/egress during 100 year ARI (Average Recurrence Interval) flood events.

F Stormwater

A property notification will be applied to the lot/subsequent lots stating a stormwater management plan exists for the site and must be complied with at all times.

G Connections to, alteration or realignment of Council infrastructure



H Connections and disconnections



I Water meter sizing

All water meters 50 mm in diameter or larger require an operation works approval.

Refer to Water and Sewerage Connections Policy, available on Council’s website: http://www.cityofgoldcoast.com.au

J Connections to, alteration or realignment of Council infrastructure




140 ADOPTED REPORT


K Indigenous cultural heritage legislation and duty of care requirement









L Applicant responsibilities









g Obtaining any necessary local government/state approvals where works require the installation of temporary ground anchoring into adjacent Road Reserves. Where ground anchoring is proposed into an adjacent private property, approval from the relevant property owners(s) is required.

M Gold Coast Airport approval of building and/or structure height

Any building or structure (including construction crane or other temporary equipment) in the City extending to a height of 110 metres or more above ground level must be notified to Gold


141 ADOPTED REPORT


Coast Airport Pty Ltd.

N Buildings and/or structure exceeding the Gold Coast Airport Obstacle Limitation Surface (OLS)

Commonwealth approval via an application made through Gold Coast Airport Pty Ltd is required for any part of the building or structure (including construction cranes or other temporary equipment) exceeding the Obstacle Limitation Surface (OLS) 140 metres AHD.

Application must be made to Gold Coast Airport Pty Ltd within a minimum of eight weeks notice prior to the use of construction cranes or any other equipment that would exceed the OLS height limit.

O Notice of works timetable


Property Notifications

A Stormwater

There are development approval conditions applicable in relation to stormwater management on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201800493). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

B Flood

There are development approval conditions applicable in relation to flooding impacts on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201800493). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

C No flood free access/egress

Owners and intended purchasers are advised the property does not have flood free access/egress during 100 year ARI (Average Recurrence Interval) flood events. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201800493). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

D Flood inundation

Owners and intending purchasers are advised the basement and/or property is subject to inundation during extreme flood events. Refer to Council of the City of Gold Coast’s Decision Notice (MCU 201800493). A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline

E Noise/Acoustic

There are development approval conditions applicable in relation to acoustic issues on this lot/subsequent lots. All property owner(s) must ensure compliance with these conditions. Refer to Council of the City of Gold Coast’s Decision Notice MCU201800493. A copy of Council’s Decision Notice is available for viewing on Council’s website www.goldcoastcity.com.au/pdonline


142 ADOPTED REPORT


A division was called. For 8 Cr Tozer, Cr Vorster, Cr Taylor, Cr O’Neill, Cr Caldwell, Cr PJ Young,

Cr Baildon, Cr Owen-Jones Against 0 Abstained 0 Absent 0

CARRIED UNANIMOUSLY ADOPTED AT COUNCIL 28 AUGUST 2018 RESOLUTION G18.0828.018 moved Cr Caldwell seconded Cr O’Neill

That Committee Recommendation EPE18.0822.002 be adopted as printed in the Economy Planning and Environment Committee Meeting Report.

CARRIED UNANIMOUSLY


143 ADOPTED REPORT

Attachment 1


144 ADOPTED REPORT

Attachment 2 (page 1 of 11)760th Council Meeting 28 August 2018 Economy, Planning & Environment Committee Meeting 22 August 2018

145 ADOPTED REPORT


146 ADOPTED REPORT


147 ADOPTED REPORT


148 ADOPTED REPORT


149 ADOPTED REPORT


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152 ADOPTED REPORT


153 ADOPTED REPORT


154 ADOPTED REPORT


155 ADOPTED REPORT

Document: #69587288 Page 1 of 6

Infrastructure Charge Notice

To: LAT -28.1 C/- URBAN STRATEGIES PTY LTD 39 GREY STREET SOUTH BRISBANE QLD 4101

Cc: BODY CORPORATE FOR TRAVELLERS PALMS CTS 13849 C/- BODY CORPORATE CHOICE PO BOX 144 ELANORA QLD 4221

Land to which charges apply

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

Property description LOT0 BUP1255

Property address 9 NYRANG AVENUE PALM BEACH

Total levied charge payable $ 218,591.10 +ADJUSTMENTS

Due date for payment

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

Payment details

Payment of the charges must be made in accordance with the “How to pay methods” section of this notice.

Adjustments to charge

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

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

(b) The increase worked out using the PPI, adjusted according to the 3-yearlyPPI average, for the period starting on the day the levied charge is levied and ending on the day the charge is paid.

‘3-yearly PPI average’ and ‘PPI’ have the meanings given in the Planning Act 2016.

As the charge amount stated above is current at the date the notice was generated, the total charges due at the date of payment may be greater.

Offsets and/or Refunds

Offsets (if applicable) will be provided consistent with the provisions of the Planning Act 2016 and Council’s Charges Resolution. If applicable, details of the offset are provided on this Infrastructure Charge Notice.

Attachment 3 (page 1 of 6)


156 ADOPTED REPORT


Failure to pay charge

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

Authority for charge

The charges in this notice are payable in accordance with the Planning Act 2016.

GST GST does not apply to payments or contributions made by developers to Government which relate to, or relates to, an application for the provision, retention, or amendment of a permission, exemption, authority or licence (however described) under the Planning Act 2016.

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


157 ADOPTED REPORT


Infrastructure Charge Notice

Friday, 11 May 2018 Application PN21237/01/DA1 Site address 9 NYRANG AVENUE, PALM BEACH Application number & code 201800493 MCU Application description 12 MULTIPLE DWELLLINGS Officer name Olivia Sharpe

Charge calculation

Charges Resolution No.1 of 2017 Qty Rate Gross Charge Amount Multiple Dwelling 3+ Bedroom 12 Dwellings @ $ 28,335.90 $ 340,030.80 $ 340,030.80

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

$ 340,030.80 $ 121,439.70 $ 218,591.10

Applied credit details

Credit applied for existing Multiple Dwellings (5 x 1bed, 1 x 2bed).

Office Use Only $ 121,318.14 OTHINF

$ 73,446.60 SEWINF $ 23,826.36 WTRINF

$ 218,591.10


158 ADOPTED REPORT


DECISION NOTICE DECISION TO GIVE AN INFRASTRUCTURE CHARGES NOTICE

Pursuant to section 119 of the Planning Act 2016, on the insert date, the City decided to give this infrastructure charges notice. The date the development application was approved is set out on the first page of the decision notice approving the development application. Appeal rights

You have appeal rights in relation to this notice. An appeal may be made against an infrastructure charges notice on 1 or more of the following grounds:

(a) the notice involved an error relating to:

(i) the application of the relevant adopted charge; or

Examples of errors in applying an adopted charge:

• the incorrect application of gross floor area for a non-residential development

• applying an incorrect ‘use category’, under a regulation, to the development

(ii) the working out of extra demand, for section 120 of the Planning Act 2016; or

(iii) an offset or refund; or

(b) there was no decision about an offset or refund; or

(c) if the infrastructure charges notice states a refund will be given – the timing for giving the refund; or

(d) for an appeal to the Planning and Environment Court – the amount of the charge is so unreasonable that no reasonable relevant local government could have imposed the amount.

To remove any doubt, the Planning Act 2016 declares that an appeal against an infrastructure charges notice must not be about:

(a) the adopted charge itself; or

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

(i) the establishment cost of trunk infrastructure identified in a local government infrastructure plan; or

(ii) the cost of infrastructure decided using the method included in the local government’s charges resolution.

An appeal must be started within 20 business days after the infrastructure charges notice is given to you.

An appeal may be made to the Planning and Environment Court or to a development tribunal.

An appeal is started by lodging a notice of appeal with the registrar of the Planning and Environment Court or a development tribunal, as applicable. The notice of appeal must be in the approved form, succinctly state the grounds of the appeal and be accompanied by the required


159 ADOPTED REPORT


fee.

An appellant to the Planning and Environment Court must give a copy of the notice of appeal, within 10 business days after the appeal is started, to the persons identified in section 230(3) of the Planning Act 2016. A person who is appealing to the Planning and Environment Court must comply with the rules of the court that apply to the appeal.

Chapter 6, Part 1 and Schedule 1 of the Planning Act 2016 sets out further information about appeal rights.


160 ADOPTED REPORT


How to pay methods

Pay by mail Ordinary mail

Simply enclose this Notice and your cheque or money order made payable to Gold Coast City Council in an envelope and post it to this address:

Council of the City of Gold Coast PO Box 5042 GCMC QLD 9729

Customer Service Centre in person Pay at any Customer Service Centre with cash, cheque, or debit card (no surcharge), MasterCard or Visa (maximum $50,000 using credit card) Payment by credit card will incur a surcharge.

Customer Service Centres

Monday to Friday 8.15am to 4.30pm

Broadbeach 61 Sunshine Boulevard, Mermaid Waters

Bundall 8 Karp Court, Bundall

Burleigh Heads Park Avenue, Burleigh Heads

Coolangatta The Strand, Marina Parade, Coolangatta

Helensvale Cnr Lindfield Road and Sir John Overall Drive, Helensvale

Nerang 833 Southport Nerang Road, Nerang

Palm Beach 26 11th Avenue, Palm Beach

Southport 47 Nerang Street, Southport

Upper Coomera Cnr Abraham Road and Reserve Road, Upper Coomera

How to contact us

07 5582 8866 or 1300 69 4222

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

Council of the City of Gold Coast

PO Box 5042, GOLD COAST MC QLD 9729

Visit us at any Customer Service Centre

Open hours; cityofgoldcoast.com.au

goldcoast.qld.gov.au


161 ADOPTED REPORT

ITEM 3 CITY DEVELOPMENT REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH – DIVISION 10 PN25197/01/DA1

Refer 21 page attachment



Address 1 Hilda Street, Mermaid Beach.

Lot and plan Lot 2 on RP130054.

Site area 405m2.

Properly made date 5 April 2018.

City Plan version City Plan version 4.

Zone / Precinct Medium density residential zone.

Overlays

Acid sulfate soils; Airport environs; Building height (2 storey (9 metres) may include

a partial third storey subject to codeassessment);

Coastal erosion hazard overlay; Dwelling house; and Residential density (RD4 – up to 66 dwellings

per net hectare or 1 dwelling per 200m2).

Proposed use Dwelling house (inclusive of a partial third storey).


Impact assessment.


Ralph De Pasquale C/- Zone Planning Group(planning consultant);

Husband Architects (architect); and Terrain (landscape architect).

Land owner Ralph Peter De Pasquale & Angela Marian De Pasquale.

Submissions

Objections Support

23 objections (properly made).

No submissions received in support.

Key matters raised by submitters

Building height; Building design; Setbacks; Site cover; Notification period; Unsafe site access; Property values; and State referral.

Decision due date 07 August 2018.

Referral agencies Not applicable.

Officer’s recommendation Approval.


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ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 2 PROPOSAL

The purpose of this report is to assess an application for a Development permit for a Material change of use (Impact assessment) for a Dwelling house (inclusive of a partial third storey) at 1 Hilda Street, Mermaid Beach.

The proposed Dwelling house consists of five (5) bedrooms, five (5) bathrooms and an underground basement. The partial third storey comprises of a gym, sauna, bathroom and a roof top terrace. The proposed Dwelling house has a maximum building height of 11.23m measured from the natural ground level to the highest roof projection.

Table 5.5.2 of the City Plan (version 4), categorises the proposal as Accepted development, however, as the proposal involves building work and a building height that exceeds the height identified on the Building height overlay map (two (2) storeys and 9m), the application is triggered to Impact assessment. The development parameters of the proposal are outlined in the table below:

Development parameters

Height Two (2) storeys and a partial third storey at 11.23m.

Density One dwelling per lot.

Setbacks

Level Front (south) setback

Side (east) setback

Rear (north) setback

Side (west) setback

Ground 1.6m to dwelling

0m to entry awning

6.7m 1m 1m

Second storey

1.6m

0m to planter box

5.2m to balcony

6.7m to wall

1m to balcony

1.5m to wall

1.5m

Third storey 3m 10.3 to wall 2m to balcony

7.6m to wall

2.8m

Site cover 51.11% of net site area.

Car parking Two (2) car parking spaces within the basement.

Access Single vehicle crossover to basement car parking level accessed via Hilda Street.

Gross floor area of partial third storey

55m2 equalling 31.25% of the floor below.

The following perspectives provide an initial view of the proposed Dwelling house.


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ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1

Figure 1: Eastern perspective of proposed development. (Source: Zone town planning report).

Figure 2: South-western perspective of proposed development. (Source: Zone town planning report).


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Figure 3: South-eastern perspective of proposed development. (Source: Zone town planning report).

Figure 4: Proposed floor plan of partial third storey. (Source: Zone town planning report).


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ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 3 Main Considerations

The proposal seeks to establish a Dwelling house inclusive of a partial third storey (at a maximum height of 11.23m). The proposed development exceeds the height nominated for the subject site on the Building height overlay map of 9m. The development is located within the Urban neighbourhood (as per Strategic framework map 2) which allows for an increase in building height of up to 50% (maximum of 13.5m) providing the relevant provisions are satisfied.

The proposed development results in a well-designed building that complements the existing and emerging character of the area, which enhances the sense of place. The proposed building height is considered to be consistent with other Dwelling house developments including partial third storeys surrounding the subject site (up to a height of 12.44m). The proposed built form of the development has been designed to achieve a well maintained interface to the adjacent properties. The building has been treated with high quality materials to enhance the visual appearance of the building, along with a varying colour pallet. Planters are incorporated within the building articulation at various levels of the development to provide visual interest and to soften the built form. The proposed development results in an outcome that is supported by the Office of the City Architect. After a detailed assessment, it has been determined the proposed development is able to satisfy the provisions warranting an increase in building height of 2.23m representing an increase of 24.73%.

4 SITE CONTEXT

4.1 Subject site

The subject site is located at 4 Hilda Street, Mermaid Beach and is legally described as Lot 2 on RP130054. The subject site is of square shape with a frontage width of 20.1m and an area of 405m2. To the east the site fronts the sand dunes and the beach. The western portion of the site is included within the 8.1m A-line setback from the seawall. Council records indicate that the existing seawall has previously been certified and is privately maintained. The subject site is currently improved by a Dwelling house that is undergoing demolition. The site is relatively flat but slopes to the east within the A-line setback ranging from 7.6m AHD to 6.7m AHD at the eastern boundary. The subject site is free from any easements and is connected to all available City infrastructure.

Figure 5: Subject site as viewed from Hilda Street. (Source: City officer).


166 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 4.2 Site context

The immediate surrounding area of the site is characterised by residential development ranging in size and built form. The broader characteristics and context of the surrounding area is described below:

North: The adjacent allotment to the north of the subject site is currently improved by a Dwelling house approximately 9m in height. The area further to the north is characterised by Dwelling houses some of which include partial and full third storeys (exceeding 9m in height).

East: The subject site fronts public open space consisting of a seawall, sand dunes and the beach.

South: The subject site fronts Hilda Street to the South. The lot on the southern side of Hilda Street is improved by a dwelling house including a third storey (maximum height of 12.4m). The area further to the south is characterised by predominantly Dwelling houses (a number of which include partial third storeys) with Dual occupancy and multiple dwelling developments scattered throughout the area.

West: The western adjoining allotment of the site is currently improved by a Dwelling house fronting Hedges Avenue to the west and Hilda Street to the south. The area to the west of Hedges Avenue is characterised by Dwelling houses. Approximately 300m to the west of the subject site is the Gold Coast Highway.

Figure 6: Aerial photograph of surrounding area. (Source: modified from Dekho).


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Figure 7: Aerial photograph and zoning of surrounding area (Source: Modified from City Plan interactive mapping)



(5) An impact assessment is an assessment that –

(a) must be carried out -

(i) against the assessment benchmarks in a categorising instrument for the development; and

(ii) having regard to any matters prescribed by regulation for this subparagraph; and

(b) may be carried out against, or having regard to, any other relevant matter, other than a person’s personal circumstances, financial or otherwise.

The proposed development triggers Impact assessment and has been assessed in accordance with Section 45(5) of the Planning Act 2016.

5.1 State Planning instruments



168 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 Instrument Comment


The proposal does trigger assessment against the assessment benchmarks relating to natural hazards, risk and resilience (coastal hazards). This is discussed in section 5.1 below.

South East Queensland Regional Plan The proposal is consistent with the goals, elements and strategies; and the Southern Sub-regional directions of the South East Queensland Regional Plan 2017 (ShapingSEQ).





Assessment against the State Planning Policy

The proposal has been assessed against the following assessment benchmarks in Part E – interim development assessment requirements of the State Planning Policy. Bushfire, flood, landslide, storm tide inundation, and erosion prone areas:

(3) Land in an erosion prone area is not to be used for urban purposes, unless the land is located in: (a) an urban area in a planning scheme; or (b) an urban footprint identified in a regional plan.

(4) Development in bushfire, flood, landslide, storm tide inundation or erosion prone natural hazard areas: (a) avoids the natural hazard area; or (b) where it is not possible to avoid the natural hazard area, development mitigates the risks to

people and property to an acceptable or tolerable level. (5) Development in natural hazard areas:

(a) supports, and does not hinder disaster management capacity and capabilities (b) directly, indirectly and cumulatively avoids an increase in the exposure or severity of the

natural hazard and the potential for damage on the site or to other properties (c) avoids risks to public safety and the environment from the location of the storage of

hazardous materials and the release of these materials as a result of a natural hazard (d) maintains or enhances the protective function of landforms and vegetation that can

mitigate risks associated with the natural hazard. (6) Community infrastructure is located and designed to maintain the required level of functionality

during and immediately after a natural hazard event. (7) Coastal protection work in an erosion prone area is undertaken only as a last resort where

coastal erosion or inundation presents an imminent threat to public safety or existing buildings and structures, and all of the following apply: (a) The building or structure cannot reasonably be relocated or abandoned.


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(b) Any erosion control structure is located as far landward as practicable and on the lot containing the property to the maximum extent reasonable.

(c) Any increase in coastal hazard risk for adjacent areas from the coastal protection work is mitigated.

Erosion prone areas within a coastal management district:

(8) Development does not occur unless the development cannot feasibly be located elsewhere and is: (a) coastal-dependent development; or (b) temporary, readily relocatable or able to be abandoned development; or (c) essential community infrastructure; or (d) minor redevelopment6 of an existing permanent building or structure that cannot be relocated or abandoned.

(9) Development permitted in policy 8 above, mitigates the risks to people and property to an acceptable or tolerable level.

A development application for a material change of use, reconfiguration of a lot or operational works on premises in any of the following:

(1) bushfire prone areas (2) flood hazard areas (3) landslide hazard areas (4) storm tide inundation areas (5) erosion prone area.

All of the following requirements are assessment benchmarks for the development: Erosion prone areas within a coastal management district:

(1) Development does not occur in an erosion prone area within a coastal management district unless the development cannot feasibly be located elsewhere and is: (a) coastal-dependent development; or (b) temporary, readily relocatable or able to be abandoned development; or (c) essential community infrastructure; or (d) minor redevelopment of an existing permanent building or structure that cannot be relocated or abandoned.

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

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

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

All natural hazard areas:

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

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

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


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(7) The natural processes and the protective function of landforms and the vegetation that can mitigate risks associated with the natural hazard are maintained or enhanced.

Officers Comments

The subject site is situated within the urban footprint as identified within the South East Queensland Regional Plan 2017 (ShapingSEQ) and within an urban area as identified by City Plan (Strategic framework map 1). The whole of the site is located within an erosion prone area and is not located within a Coastal management district. Given the whole of the subject site is located within erosion prone area, it is not possible for the development to avoid being located within a natural hazard area, however it is considered the development maintains an acceptable level of risk. The proposal relates to the redevelopment of the subject site to establish a Dwelling house (inclusive of a partial third storey). This does not increase the density on the subject site as the lot is currently improved by a Dwelling house. The proposed structures of the development are situated out of the medium and high storm tide inundation area.

The proposal has situated the structures an appropriate distance from the A-line (subject to amended plan conditions) to protect the existing and future infrastructure and to ensure there is no effect on the natural process or protective function of the adjacent sand dunes. This allows space for access and maintenance to the surrounding properties and ensures there are no effects to the natural process or protective function of the adjacent sand dunes.

The subject site preserves flood free access during extreme event allowing the residents of the property to evacuate if required. As such, it is considered the development mitigates the risk to people and property to an acceptable level.

Given the subject site is currently improved by a Dwelling house, the development does not further encumber response or recovery capacity and capabilities. Similarly, the development avoids an increase in the severity of natural hazards to the property and surrounding properties. The development relates to a residential land use and includes no storage of hazardous materials. The development does not have an impact on the severity or cumulative increase to storm tides.

The application was referred to Hydraulics and Water Quality for assessment against the State Planning Policy. Hydraulics and Water Quality have provided the following comments:

“Assessment benchmarks 1 and 2 do not apply to this development application, as the land is not located within the Coastal management district.

Assessment benchmark 3:

The entire site is prone to coastal erosion. It is understood that the existing seawall will provide adequate protection against erosion. As such, it is considered the development mitigates the risks to people and property to a tolerable level.


Development provides for safe and efficient access and operation for emergency services.


Due to the location of the site, the development will not result in an impediment to or diversion in the natural transport of sediment along the coast, which may cause or increase erosion risk to nearby properties. As such, the proposal will not increase the severity of coastal erosion.



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The proposal is for the construction of a dwelling house with single level basement. It is unlikely that the development will contain any hazardous materials. Further the site is located above the designated flood level as well as above storm-tide inundation. As such, it is considered the development has appropriately mitigated risks to public safety and the environment from hazardous materials.


The proposal does not involve removal of any natural landforms/vegetation that can mitigate the risks of coastal erosion.”

Based on the above, it is considered that the proposed development complies with the benchmarks of the State Planning Policy.







Planning scheme Assessment against City Plan (version 4) is provided below.

5.3 City Plan



The strategic framework requires careful and balanced reading of the provisions to best achieve the purpose and objectives of the City Plan. The strategic framework sets the policy direction for the City Plan and has a planning horizon of 2031.

This Policy direction is structured in the following way:

a The strategic intent describes the planning vision for the Gold Coast over the coming decades; in particular, what our city will look like and how it will function, potential for major development and areas for growth and protection.

b The following six city shaping themes play an important role in shaping future growth and managing change across the city, and collectively represent the policy intent of the City Plan:

i Creating liveable places;

ii Making modern centres;

iii Strengthening and diversifying the economy;

iv Improving transport outcomes;

v Living with nature; and

vi A safe, well designed city.


172 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 c Strategic outcomes for each theme.

d Elements that refine and further describe the strategic outcomes.

e Specific outcomes sought for each of the elements.

Strategic intent

The Strategic intent flows through to the Themes (Strategic outcomes), Elements (Specific outcomes) and applicable codes. The Strategic intent is achieved through assessment against these outcomes.

Theme/s and Elements

The following is an assessment of the application against the relevant Theme/s and Elements of the strategic framework identified in the table below:

Theme/s Related element Maps

Creating liveable places

Urban neighbourhoods Strategic framework map 1 – designated urban area

Urban area


Urban neighbourhood

Strategic framework map – 5

Coastal tourism/urban strip

A safe, well designed city

Urban design, character and community identity

Strategic framework map 1 – designated urban area

Urban area


Urban neighbourhood

Strategic framework map – 5

Coastal tourism/urban strip

6.2.2 Theme/s and Elements Assessment against the themes and elements identified above has been undertaken as follows:

The subject site is situated within an Urban neighbourhood as identified on Strategic Framework Map 2 (Settlement pattern). As such, Creating liveable places and the Urban neighbourhood element are relevant to this application.

The proposal seeks to establish a Dwelling house inclusive of a partial third storey on the subject site. The Building height overlay map identifies the subject site with a building height of two (2) storeys (9 metres) that may include a partial third storey subject to code assessment. In accordance with Table 5.5.2 of the City Plan (version 4), a Dwelling house would not trigger assessment against the Strategic framework. However, as the proposal involves building work at a maximum height of 11.23m which exceeds the height identified on the Building height overlay map, the application is triggered to Impact assessment. Given the proposed land use is typically Accepted development, officers assessment against the Strategic framework is focused on the proposed building height and any design related criteria, which are as follows:


173 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 Creating liveable places Theme

Strategic outcome 3.3.1(3) reads as follows:

“Housing is provided in a form, height and scale consistent with the function, amenity and desired future character of local areas and centres, and promotes a sense of community cohesion and wellbeing. Housing is attractive and well-designed.”


3.3.1(5) Varied building height and form throughout the city reinforces local identity, creates a sense of place and supports housing choice and affordability and the function and desired future appearance of each local area.

Urban neighbourhoods Element

Specific outcome 3.3.2.1(8) of the Urban neighbourhoods Element states:

“The Building height overlay map shows the building height pattern and desired future appearance for local areas within urban neighbourhoods. This map also shows areas where building heights change abruptly to achieve a deliberate and distinct contrast in built form within and between low, medium or high-rise areas.”

Specific outcome 3.3.2.1(9) of the Urban neighbourhoods Element states:

“Increases in building height up to a maximum of 50% above the Building height overlay map may occur in limited circumstances in urban neighbourhoods where all the following outcomes are satisfied:

(a) a reinforced local identity and sense of place; (b) a well managed interface with, relationship to and impact on nearby development,

including the reasonable amenity expectations of nearby residents; (c) a varied, ordered and interesting local skyline; (d) an excellent standard of appearance of the built form and street edge; (e) housing choice and affordability; (f) protection for important elements of local character or scenic amenity, including views

from popular public outlooks to the city’s significant natural features; (g) deliberate and distinct built form contrast in locations where building heights change

abruptly on the Building height overlay map; and (h) the safe, secure and efficient functioning of the Gold Coast Airport or other

aeronautical facilities.”

A safe well designed city Theme


“Important elements of urban character and community significance are protected and enhanced to strengthen the sense of identity in local areas and the city.”

Urban design, character and community identity Element

Specific outcome 3.8.3.1(1) of the Urban design, character and community identity Element states:

“Development is cognisant of the function and desired future appearance of each individual area and reinforces or reinterprets the character of that area.”

Officer’s comment The site is located within an Urban neighbourhood and in limited circumstances building heights can


174 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 exceed the mapped height up to 50% (Urban Neighbourhoods Element - Specific outcome 3.3.2.1(9) of the Strategic Framework). The proposed development includes a partial third storey and a maximum building height of 11.23m which exceeds the Building height overlay map by a total of 2.23m representing an increase of 24.73%. The part exceeding the building height overlay map is limited to 55m2 which equates to 13% of net site area. The partial third storey is further setback from the property boundaries to be centrally located within the built form of the development. The images below show the extent of the Dwelling house exceeding 9m in height.

Figure 8: Section showing 9m building height

Figure 9: section showing 9m building height

The development has been assessed against the above mentioned provisions. The development is considered the development complies with Specific outcome 3.3.2.1(9) of the Strategic Framework allowing an increase in building height as detailed below.

(a) a reinforced local identity and sense of place;


175 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 The subject site is located within an area consisting of both low and medium-rise building heights. Specific Outcome 3.3.2.1(9) allows building height in the area to be varied and up to a maximum height of three (3) storeys and 13.5m. The proposed development reflects this outcome and contributes to the intention for the local identity to comprise a range of building heights from one (1) to three (3) storeys and a maximum of 13.5m.

As demonstrated by the below image, the surrounding area of the subject site achieves a gentle tapering down in building height from the north west of the subject site fronting Gold Coast Highway.

Figure 10: Building height overlay map. (Source: Modified from City Plan interactive mapping)

The surrounding local area of the subject site is characterised by predominantly large Dwelling houses. Officers recognise Dwelling house developments within the surrounding area are typically of a larger form and scale, similar to the proposed development. While the development includes a building height exceeding the Building height overlay map, as a result of the partial third storey exceeding 9m, the proposal delivers a built from and scale that reflects the local identity of the area. The below figures demonstrate the character of large Dwelling houses including partial third storeys present within the surrounding area.

As shown in the figure below, there are a number of partial third storey developments surrounding the subject site. It is considered the proposed development reflects the surrounding character of large form and scale Dwelling houses as shown through the following character analysis.


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Figure 11: Surrounding height analysis. (source: City officer).


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79 Hedges Avenue (corner of Hilda Street and Hedges Avenue), note: partial third storey and roof terrace.

89 and 91 Hedges Avenue (adjacent properties to the north), note: building height of approximately 9m.


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93 Hedges Avenue note: development presents as three (3) storeys.

7 Hilda Street, note: development presents as three (3) storeys.


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72 Hedges Avenue and 4 Seaside Avenue, note: development presents as three (3) storeys.

67 Hedges Avenue to 51 Hedges Avenue, note: three (3) partial third storey developments.


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1 Hilda Street (proposed development).

The proposal will contribute to the sense of place by providing quality landscaping consisting of feature trees, ground covers, screening and climbing species. The proposed built form is articulated and uses a variety of colours and materials to create an attractive streetscape and contribute to the sense of place. It is important to recognise the proposal does not constitute a full third storey and maintains compliance with the definition of a ‘partial third storey’, as such the visual dominance of a full third storey does not result from this proposal.

The Office of the City Architect provided the following comment in relation to Specific Outcome 3.3.2.1(9)(a):

“The revised proposal incorporates an amended maximum building height of 11.23m which is only a small part of the building form with lower building heights to the perimeters that appear as 2 storey forms. The proposed building height and resultant form is comparable with the desired intended scale and intensity of development along this corridor. The existing low rise scale in this area is maintained. The proposed development has an urban compact scale and high quality architectural language that reinforces the coastal local identity and sense of place. The proposal incorporates a high level of building articulation and geometric elements, with feature wall cladding and screening elements, and landscaping. The architectural language reflects the local vernacular residential character.”

(b) a well managed interface with, relationship to and impact on nearby development, including the reasonable amenity expectations of nearby residents;

The proposed Dwelling house has been designed to be sympathetic and appropriately interface with the adjoining properties to alleviate any negative impacts on surrounding amenity.

The design of the development has orientated all living areas and any large openings towards the adjacent public open space to the east and to the south-east of the subject site. The northern and western face of the Dwelling house has minimised the use of building openings and windows to protect the amenity of the neighbouring Dwelling houses. The proposed building steps in at each level


181 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 to increase the setbacks at each floor to further assists in the protection of adjacent amenity and acts to reduce the perceived bulk of the development. The building has been treated with high quality materials to enhance the visual appearance, along with a varying colour pallet. Planters and screening elements are incorporated within the building articulation at various levels of the development to provide further visual interest, soften the build form and provide privacy for both residents and the surrounding properties.

The proposed Dwelling house has been sited on the subject site to reflect the existing scale of the surrounding area. It is considered the development achieves appropriate separation distances to the surrounding developments, consistent with the existing character of the area.

The development also utilises landscaping to achieve a well maintained interface and impact to the adjacent properties. The development includes landscape planters (including climbing species and palms) situated and the northern and western property boundaries to assist in the protection of the amenity and privacy of the adjacent lots. The use of an arbour with climbing species is proposed to partially screen the entry to the basement level from the adjacent properties and positively contribute to the streetscape. Planters have been proposed above ground level to further reduce any perceived dominance of the development.

There are no adjacent developments to the east or the south of the subject site, as such it is considered the proposal achieves a well maintained interface, relationship to and impact on nearby development.

Initially the development proposed a building height of 11.43m and included a design that did not comprise of a suitable building design that reflected reasonable expectations of nearby residents. Additionally, the initial proposed plans indicated the basement level protruding above 1m from ground level therefore constituting a four (4) storey Development. Officers issued an Information request recommending the applicant amend the design of the development and show a reduction in building height. The response to the information request revised the basement design to be less than 1m above ground level and subsequently a reduction in building height from 11.43m to 11.23m.

The Office of the City Architect provided the following comment in relation to Specific Outcome 3.3.2.1(9)(b):

“The revised height and compact urban building form achieves the desired and intended scale and intensity of development in this area. The building form does not adversely impact the amenity of nearby residents due to the provision of appropriate built form, high quality architectural language and integrated landscaping. The amended design has a building height that is comparable with the adjoining property with a difference of approximately 1m that will be visually appropriate.”

The development relates to a single Dwelling house on a 405m2 allotment and is not increasing density as the proposal replaces an existing dwelling. The subject site is adjacent to the seawall which requires an 8.1m A-line setback. This setback extends approximately 5m into the eastern portion of the subject site. No permanent structures or habitable rooms can be constructed within the 8.1m A-line setback which maintains a sense of openness for the interface to the beach. The subject site is located within an Urban neighbourhood/Medium density residential zone where the 50% test applies. Based on this, it is not considered that the development results in an unreasonable amenity expectation of nearby residents.

(c) a varied, ordered and interesting local skyline;

The proposed development is considered to contribute to a varied, ordered and interesting local skyline as the development reflects the existing low and medium- rise built form. Given the proposed building height is consistent with partial third storey developments in the surrounding area (up to a height of 12.44m), the proposal ensures an ordered skyline is maintained for the locality.

(d) an excellent standard of appearance of the built form and street edge;

The proposed development presents to the street as a two (2) storey building inclusive of partial third storey. The perceived building height (when viewed from the street) is considered to reflect other


182 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 development within the surrounding area (see below image). Quality landscaping has been proposed within the site frontage consisting of feature trees, screening shrubs and grassed areas. The development incorporates a quality appearance and built form through the use of articulated façade, varying setbacks, varied colour scheme and a variety of materials including cladding and renders.

Figure 12: Proposed eastern perspective (note building height reflects surrounding buildings). (Source: Zone town planning report).

The Office of the City Architect provided the following comment in relation to Specific Outcome 3.3.2.1(9)(d):

“The building form achieves an excellent standard of appearance through the architectural language that is highly articulated, with feature geometric elements, feature wall finishes, screening, variety of high quality materials, colours and finishes, along with integrated landscaping at various levels. Feature materials include engineered timber clad soffits, timber screening, 2 types of natural stone cladding, aluminium seam cladding. The building form has a high level of visual appeal and reinforces the coastal vernacular architecture. The proposal will contribute to an enhanced character and amenity.”

(e) housing choice and affordability;

Officers recognise Dwelling house developments in this area are of an upmarket and prestige nature, similar to the proposed development. As such, it is considered the development contributes to a variety of housing choices that support occupants from various backgrounds at varied price points.

(f) protection for important elements of local character or scenic amenity, including views from popular public outlooks to the city’s significant natural features;

While the development is situated within the Medium density residential zone, the development seeks to establish a Dwelling house on the subject site. This is considered to be consistent with local character as the area consists predominantly of Dwelling houses. The development achieves a site cover of 51% allowing appropriate areas of landscaping to be established within the site to reflect the existing garden landscape character of the area. Within the surrounding area, it has been demonstrated that there are a number of partial third storey developments, within close proximity to the site, that achieve a similar height to the proposal.

It is considered the development delivers a balance between built form and landscaping with a design that presents well to the street to contribute to the scenic amenity of the area. The development does not restrict views from any surrounding public outlooks to the City’s Significant natural features.

The Office of the City Architect provided the following comment in relation to Specific Outcome 3.3.2.1(9)(f):


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“As already mentioned, the proposal’s compact urban form will not result in a significant change to the desired intended character of this area that supports the mixed use development and transit corridor. The building form does not restrict the key east-west view corridor along Hilda Street that allows ocean and hinterland views to the neighbourhood precinct.”

(g) deliberate and distinct built form contrast in locations where building heights change abruptly on the Building height overlay map; and

The surrounding area of the development achieves a decrease in building height, ranging from 24m heights fronting Gold Coast Highway, down to three (3) storey (15m) surrounding the subject site. As such, it is not considered the development is in an area where building heights change abruptly on the Building height overlay map. The proposed development represents a subtle variation in building height through the introduction of a ‘partial floor’.

(h) the safe, secure and efficient functioning of the Gold Coast Airport or other aeronautical facilities.

The site is located within HP 246.24 on the Airport environs - Procedures for air navigation services - aircraft operational (PANS-OPS) surfaces overlay map. The building height of 11.23m will not impact on the safe, secure and efficient functioning of the Gold Coast Airport.

Based on the above, it is considered that the proposed development complies with Specific outcome 3.3.2.1 warranting the increase in building height of 2.23m above 9m.

Summary of Strategic framework

The proposal is considered to support and promote the Strategic framework for the following reason:

The site is located within an Urban neighbourhood and in limited circumstances building heights can exceed the mapped height up to 50% (Urban Neighbourhoods Element - Specific outcome 3.3.2.1(9) of the Strategic Framework). The proposed development includes a partial third storey and a maximum building height of 11.23m which exceeds the Building height overlay map by a total of 2.23m. The part exceeding the building height overlay map is limited to 55m2 which equates to 13% of net site area.

The proposed building height is reflective of other partial third storey developments in the surrounding area. The proposed setbacks at each floor assists in the protection of adjacent amenity and reduce the perceived bulk of the development. The building has been treated with high quality materials to enhance visual appearance along with a varying colour pallet. Planters are incorporated within the design of the development at various levels of the development to provide further visual interest, soften the built form and provide privacy for both residents and surrounding properties. The proposed Dwelling house has been designed to appropriately interface with the adjoining properties to alleviate any perceived impacts on amenity to the surrounding properties. The proposed development results in an outcome that is also supported by the Office of the City Architect.

After a detailed assessment, it has been determined the proposed development is able to satisfy these provisions warranting an increase in building height of 2.23m above 9m, representing an increase of 24.73%.

5.3.2 Assessment against the codes



Medium density residential zone code.


Airport environs overlay code;

Driveways and vehicular crossings code;

General development


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and

Coastal Erosion Hazard overlay code.

provisions code;

Healthy waters code;

Solid waste management code;

Transport code; and

Vegetation management code.

5.3.2.1 Assessment against the zone code

The proposal has been assessed against the Medium density residential zone code.

Under the City Plan, compliance with a code, can be achieved by either compliance with the Purpose and Overall outcomes of the code, or, compliance with either the Performance outcomes or Acceptable outcomes. Acceptable outcomes are generally quantifiable provisions, with the Performance and Overall outcomes generally qualitative and performance based.

Officers have undertaken an assessment of all relevant provisions. The proposed development does not comply with the following applicable Acceptable outcomes:

Setbacks (various – refer to table below);

Site cover (51.11% of net site area); and

Height (partial third storey at 11.2m).

The development is assessed as being compliant with the corresponding Performance outcomes (with the exception of building height) , which, in accordance with section 5.3.3 of the City Plan, means the development complies with the Purpose and Overall outcomes of the code – therefore complies with the code, as demonstrated below. With regards to building height, a higher order assessment has been undertaken against the relevant provisions of the Strategic framework and is considered to comply (see section 5.3.1).

Setbacks


PO1

Setbacks:


(b) allow for access around the building;

(c) contribute to the streetscape character; and

(d) allow for on-site car parking.

AO1

Setbacks are as follows:

Setback Minimum distances measured in metres (m)

Front

Height Setback

up to 23m 4m

for that part exceeding 23m

6m

Side and rear

up to 4.5m 1.5m

for that part between 4.5m – 7.5m

2m

for that part exceeding 7.5m

an extra 0.5m is added for every 3m in height or part thereof over


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7.5m.

Between on site habitable buildings (where not attached)

Double the applicable side setback.

Officer’s comment

The development proposes an alternate outcome to AO1 of the Medium density residential zone code as shown in the tables below in bold.

Level Front (south) setback

Side (east) setback

Rear (north) setback

Side (west) setback

Ground 1.6m to dwelling

0m to entry awning

6.7m 1m 1m

Second storey

1.6m

0m to planter box

5.2m to balcony

6.7m to wall

1m to balcony

1.5m to wall

1.5m

Third storey 3m 10.3 to wall 2m to balcony

7.6m to wall

2.8m


The proposed Dwelling house has been designed to be sympathetic and appropriately interface with the adjoining properties to alleviate negative impacts on amenity. The proposed built form steps in at each level resulting in an increase to the setbacks at each floor above the ground floor which further assists in the protection of adjacent amenity and reduces perceived bulk.

The proposed development is situated 1m from the northern boundary on the ground floor level. In order to protect the amenity of the adjacent northern allotment, the development has included landscape planters consisting of palms and screening shrubs. The second storey setback from the northern boundary is 1m. This setback relates only to a balcony and a planter box with the wall of the dwelling positioned 1.52m from the property boundary. The adjoining property to the north features a building which is setback 1.7m from the shared boundary; this will result in a separation distance of 2.7m to the proposal. The existing northern Dwelling house contains high sill windows above the ground level, with living areas orientated away from this boundary therefore reducing the potential privacy issues as a result of the proposal.

The development is setback 1m from the western boundary at the closest point, however this setback does not relate to the entire length of the development. The areas positioned 1m from the western boundary relate to a laundry and walk-in-wardrobe. The development has proposed to include landscape buffers at these points to protect the amenity of adjacent developments. The second storey of the development is further setback from the western boundary at 1.5m at the closest point. The development has included screening structures on all windows addressing the west to assist in reducing potential privacy concerns. The partial third storey of the development is setback 2.8m from the western boundary. This setback relates to a length of 5.5m and includes no windows. Not dissimilar to the second storey, the internal layout of the development has orientated living areas and other rooms to address the public open space to the east.

In order to further protect the amenity of the surrounding residential development, the western and northern face of the development has been treated with high quality materials to enhance the visual appearance. Planters are incorporated within the building articulation at various levels of the


186 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 development to provide further visual interest, soften the built form and provide privacy. The balconies of the development are treated to provide visual interest, reduce heat, glare and reflection to the neighbouring properties.

The development proposes a setback of 0m to the street front boundary at entry awning while the remainder of the dwelling is positioned between 1.6m and 2m. Given the layout and orientation of the lots in the surrounding area, there are a number of developments with reduced road setbacks. The proposed development includes a fixed awning over the entry to the Dwelling house constructed to the boundary. In this specific instance this outcome is considered to result in a suitable outcome. The awning relates to a length of approximately 3.5m, the remainder of the building is setback between 1.6m and 2m from the street front boundary. The entry awning is centrally located on the subject site and is open in nature; as such it is not considered the entry awning has any impact to the adjacent amenity. The remainder of the buildings encroachment in the front setback is not considered to result in any significant impacts to amenity as there are no residential properties located adjacent to the south of the subject site.

(b) Allow for access around the building;

The proposed setbacks do not impact on the ability for access or movement around the building.

(c) Contribute to the streetscape character;

The lots surrounding the subject site are typically of the same area (405m2) however, the surrounding lots have a narrower frontage of approximately 10m. As such, developments within the surrounding area characteristically result in setback encroachments particularly involving the front and side setbacks, on this basis, it is not considered that the proposed setbacks are out of character with the surrounding area.

In response to the setback encroachments, the development has incorporated landscaping to contribute to the streetscape character. The proposed landscaping consists of trees, palms, flowering vines, shrubs and grassed areas addressing the street and the surrounding properties. Planting has been incorporated into planters at various levels of the development to reduce the perceived bulk and scale of the development presenting to the streetscape. Other landscaping at ground level acts to soften the built form and contribute to the surrounding garden landscape character.

The subject site has a unique frontage as the road is not positioned directly in front of the property, but rather positioned approximately 4.5m from the boundary of the subject site (measured at the closest point). The awning structure is positioned approximately 5.3 from the road. Atop of the entry awning, the development has included a planter box to soften the built form and contribute to the streetscape character. The remainder of the building encroaches within the front setback however, landscaping including feature palms reduce the perceived prominence and bulk of the development when viewed from the street.

As a whole, the development is considered to deliver a built from and scale that positively contributes to the streetscape character of the area.


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Figure 13: Site plan showing separation distances

(d) Allow for on-site car parking.

The proposed setbacks do not impact on the ability for all required on-site car parking to be provided within the subject site.

Based on the above, City officers consider the proposal to meet the requirement of Performance outcome PO1 of the Medium density overlay code.

Site cover


PO2

Site cover:






AO2

Site cover does not exceed 50% for Dwelling houses and Dual occupancies.

OR

For all other uses, site cover does not exceed a cumulative total of:

(a) 50% of net site area up to 8 storeys;

(b) 40% of net site area from 9 to 15 storeys; and

(c) 30% of net site area or 750m2 per building, whichever is the lesser, above 15 storeys.

Officer’s comment

The development proposes an alternative outcome to AO2 of the Medium density residential zone code with a site cover equalling 51.1% of net site area.


The development achieves a balance between built form and landscaped areas within the


188 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 developments private open space. The proposed landscape plan (see below image) includes open grassed areas, feature trees, groundcover species, palms and screening species. Additionally, planters have been provided above ground level. The landscaping proposed acts to reduce the perceived bulk of the structure.

Figure 14: Proposed landscape intent plan


The surrounding area of the subject site is characterised by predominantly Dwelling houses within a landscaped setting. It is considered the proposed development reflects this neighbourhood character. The proposed landscaping consists of trees, palms, screening and grassed areas that allows the development to contribute to the surrounding character of the area. The design of the proposed development utilises variation, a range of colours and materials to create visual interest. The proposal incorporates a stepped vertical built form to reduce the perceived bulk and contribute to the character and amenity of the area.


The proposed development is considered to be of a scale and built from that reflects the surrounding developments. The building has been treated with high quality materials to enhance visual appearance. This involves the use of high quality building materials and a varying colour pallet. Additionally, the building design steps in at each level. The articulated built form, range of colours and materials provide visual interest and acts to reduce the perceived bulk of the development. Landscaping has been provided at both ground level and the second storey which further reduces the perceived bulk form. Based on this, it is considered the development promotes a slender bulk form.


The proposed development has a built form that steps in at each level resulting in the partial third storey, equalling 55m2, 31.25% of the floor below and 13% of the overall site area. This design results


189 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 in the development achieving a built form that promotes an open, attractive and distinct skyline which is consistent with existing and emerging development.


The proposed development will result in minimal shadow impacts to the surrounding properties. The development exceeds the Building height overlay map by a total of 2.23m, this portion of the development exceeding 9m is limited to 55m2 which equates to 13% of net site area. As such, the resulting shadow impacts are not significantly greater than a typical two (2) storey 9m dwelling house, Furthermore, the development is not positioned to the north of a residential property.

Based on the above, it is considered the development complies with PO2 of the Medium density residential zone code.

Height


PO3

Building height and structure height does not exceed that shown on the Building height overlay map.

OR

Where not identified on the overlay map building height and structure height does not exceed:

(a) 2 storeys with a maximum of 9m; or

(b) a partial third storey if within 9m.

AO3


Officer’s comment

As there is no Acceptable outcome provided, the proposal is assessed against Performance outcome PO3. The site is identified on the Building height overlay map as being afforded a building height of 2 storeys including Partial third storeys up to 9 metres. The proposed building height incorporates a partial third storey at a height of 11.23m exceeding the 9 metres height allowance within the Performance outcome PO3 and is therefore non-compliant.

As the development does not comply with PO3 an assessment of the relevant Overall outcome is provided below:

Overall outcome 6.2.2.2(2)(d)(i) states:

“Built form – has a building height that does not exceed that indicated on the Building height overlay map”

The proposed building height incorporates a partial third storey at height of 11.23m, exceeding the 9 metres height identified on the Building height overlay map, thereby not achieving the Overall outcome. Despite the non-compliance with the Medium density residential zone code, assessment of the Urban neighbourhoods element of the Strategic framework (3.3.2.1(9)) has determined the development complies with the 50% uplift provisions (that applies in limited circumstances to land located in Urban neighbourhoods) to maintain compliance with the City Plan.




Airport environs overlay code; and

Coastal erosion hazard overlay code.


190 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 Under the City Plan, compliance with a code, can be achieved by either compliance with the Purpose and Overall outcomes of the code, or, compliance with either the Performance outcomes or Acceptable outcomes. Acceptable outcomes are generally quantifiable provisions, with the Performance and Overall outcomes generally qualitative and performance based.

Airport environs overlay code

Officers have undertaken an assessment of all relevant provisions and the proposed development complies with the applicable Acceptable outcomes of the code. In accordance with section 5.3.3 of the City Plan, this means the development complies with the Purpose and Overall outcomes of the codes – therefore complies with the code.

Acid sulfate soils overlay code


Acid sulfate soils (no acid sulfate soil investigation or management plan has been submitted).

The development is assessed as being compliant with the corresponding Performance outcomes, which, in accordance with section 5.3.3 of the City Plan, means the development complies with the Purpose and Overall outcomes of the code – therefore complies with the code, as demonstrated below:

Acid sulfate soils


PO1

The extent and severity of the acid sulfate soils risk is accurately characterised

AO1

Acid sulfate soils are identified through an acid sulfate soils investigation, carried out in accordance with SC6.2 City Plan policy – Acid sulfate soils management.

PO2

The natural environment, built environment and/or infrastructure is protected by ensuring that soil disturbance or development of land does not result in the release of acid and metal contaminants.

AO2

Development does not:

(a) excavate or otherwise remove soil or sediment identified as containing acid sulfate soils;

(b) permanently or temporarily extract groundwater resulting in aeration of previously saturated acid sulfate soils; or

(c) fill land (where at or below 5m AHD) that results in:

(i) actual acid sulfate soils being moved below the watertable; or

(ii) previously saturated potential acid sulfate soils being aerated.

OR

Where acid sulfate soils are disturbed, building design, infrastructure and filling/excavation works are managed in accordance with an acid sulfate soils management plan to:

(a) protect the natural environment, buildings and infrastructure; and

(b) neutralise existing acidity and ensure the release of acid and metal contaminants does not occur.

The Acid sulfate soils management plan is to be prepared in accordance with SC6.2 City Plan policy – Acid sulfate soils management. Note: A condition will be included on any approval


191 ADOPTED REPORT


requiring certification from a suitably qualified and experienced professional. This certification must be submitted to Council confirming that the management of the acid sulfate soils has complied with the approved management plan.

Officer’s comment

The Acid sulfate soils overlay code maps the subject site as containing land at or below 20m AHD. The site currently has existing ground levels of 6.7m AHD to 8m AHD. Officers have recommended conditions of approval requiring the applicant to a obtain approval for an Acid sulfate soils management plan in accordance with the Acid sulfate soils overlay code of the City Plan. The Acid sulfate soils management plan must be prepared by a suitably qualified professional and must be implemented during construction of the Dwelling house.

Coastal Erosion Hazard overlay code


Setback


Setback


PO1

Buildings and structures are setback from the ocean beach to:

(a) ensure the protection and maintenance of the foreshore seawall (boulder wall);

(b) protect the landscape character of the foreshore environment;

(c) protect beachfront properties from erosion and other coastal hazards;

(d) ensure the protection and maintenance of the active dunal areas; and

(e) ensure unimpeded access through to neighbouring properties for seawall maintenance.

AO1

Buildings and structures are setback at least 8.1m from the foreshore seawall line shown on the Coastal erosion hazard overlay.

Note: Contact Council for information on the distance of the foreshore seawall line from the property boundary.

PO2

All buildings and structures (including any refurbishment works to existing buildings or structures) on land near the open coast have adequate footings, designed and certified by a Registered Professional Engineer of Queensland (RPEQ) specialising in civil engineering, and constructed to ensure that they are erosion resistant to safe standards.

AO2.1

Erosion prevention devices, including building footings, are certified by a Registered Professional Engineer of Queensland (RPEQ) specialising in civil engineering with a suitable specialty.

AO2.2

Buildings with a height up to 25m that are wholly or partly located within land identified on the Coastal erosion hazard overlay map as an ‘area from seawall to 40m west requiring special building footings’ are located and designed, constructed and certified for scour to at least at RL 0.0 metres AHD.

AO2.3

Buildings with a height up to 25m that are wholly or partly located within land identified on the Coastal


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erosion hazard overlay map as an ‘area from 40m west of seawall to 75m west of seawall requiring special building footings’ are located and designed, constructed and certified for scour to at least at RL +1.0 metres AHD.

AO2.4

Buildings with a height exceeding 25m that are wholly or partly located within land identified on the Coastal erosion hazard overlay map as an ‘area from seawall to 40m west requiring special building footings’ are located and designed, constructed and certified for scour to at least at RL –3.0 metres AHD.

AO2.5

Buildings with a height exceeding 25m that are wholly or partly located within land identified on Coastal erosion hazard overlay map as an ‘area from 40m west of seawall to 75m west of seawall requiring special building footings’ are located and designed, constructed and certified for scour to at least at RL 0.0 metres AHD.

AO2.6

Buildings that are wholly or partly located within 75m of the foreshore seawall line shown on the Coastal erosion hazard overlay map are located and designed, constructed and certified for resisting wave attack to at least at RL +6.0 metres AHD.

PO4

Development on land near the open coast contributes to the maintenance of the beach zone through replenishment of excavated sand.

AO4.1

The development is on a site wholly or partly identified on the Coastal erosion hazard overlay map as ‘0 to 500m west of seawall’ requires sand excavated in this area to be dumped on beach as directed. Excess sand that is excavated in the course of development is:

(a) cleaned using a 20mm sieve to remove all material other than clean sand; and

(b) delivered and deposited to a beach as directed by Council; and

(c) if the sand excavated on the site exceeds 1,500 cubic metres, a supervisor appointed by Council shall be employed for the duration of the sand excavation and deposition at the expense of the applicant.

AO4.2

Prior to the commencement of sand extraction and deposition, sufficient security is provided to Council to ensure that:

(a) it is sieved and placed on an ocean beach in accordance with Council requirements; and

(b) appropriate beach protection and/or restoration measures are used.

Officer’s comment

City Plan (version 4) states the definition of a structure is to be taken from Building Act 1975. The definition provided by Building Act 1975 specifies that a swimming pool is considered a structure as follows:

“Structure: includes a wall or fence and anything fixed to or projecting from a building, wall,


193 ADOPTED REPORT


fence or other structure.

Swimming pool: means an excavation or structure—

(a) capable of being filled with water to a depth of 300mm or more; and

(b) capable of being used for swimming, bathing, wading, paddling or some other human aquatic activity; and

(c) solely or principally used, or designed, manufactured or adapted to be solely or principally used, for the purposes mentioned in paragraph (b) despite its current use; and includes a spa pool, spa tub or similar thing (whether portable or fixed) and a wading pool (other than a portable wading pool),

but does not include—

(d) a fish pond or pool solely or principally used, or designed, manufactured or adapted to be solely or principally used, for ornamental purposes; or

(e) a dam or tank solely or principally used, or designed, manufactured or adapted to be solely or principally used, for aquaculture, marine research or storage of water; or

(f) a watercourse; or

(g) a portable wading pool; or

(h) a spa bath situated in a bathroom, other than a spa bath continually filled with water to a depth of more than 300mm; or

(i) a birthing pool used solely for waterbirths”.

The proposed development includes structures (as defined above) within the 8.1m foreshore seawall line. These structures include a roofed deck and a swimming pool, as shown in the site plan below.


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Figure 15: Proposed structure in Aline setback.

As a result of the proposed structures, Officers consider the development is not able to ensure unimpeded access through to neighbouring properties for seawall maintenance. It addition, it is not considered the proposal will ensure the protection and maintenance of the foreshore seawall (boulder wall), or protect the landscape character of the foreshore environment. As such, the development is not able to comply with the Performance outcome and will be assessed against the Purpose and relevant Overall outcomes provided below:


195 ADOPTED REPORT


(1) The purpose of the Coastal erosion hazard overlay code is to outline the minimum requirement to reduce the exposure of development within close proximity to the ocean or waterways from the threat of erosion and provide for the maintenance of natural and engineered protection measures. Note that developers of coastal hazard zones are encouraged to consider coastal hazard reduction measures that exceed those required by this code.

(2) The purpose of the code will be achieved through the following overall outcomes: (b) Adequate access is provided for foreshore seawall maintenance. (f) The scenic amenity of waterways (including bed, banks foreshores, dunes

riparian areas and ocean beaches) are protected.

It is considered that the development is unable to comply with the above Purpose and Overall outcomes and subsequently does not comply with the code. As such, Officers have recommended that the development be conditioned to remove all structures from the 8.1m A-line setback in order to achieve compliance with the Coastal erosion hazard overlay code. The submitted material has provided little information to demonstrate compliance with Acceptable outcomes AO2.1 and AO2.2. As such, Officers have recommended a condition relating to all footings to be designed and constructed to be resilient to coastal erosion, resistant to wave attack and comply with the Coastal erosion hazard (ocean front land) overlay code. The submitted material has not demonstrated to Officers satisfaction compliance with Acceptable outcomes AO4.1 and AO4.2 of the Coastal erosion management code. As such, Officers have recommended a condition for a sand management plan to be implemented prior to any works commencing. The sand management plan must outline actions to ensure excavated sand is cleaned, treated, placed, levelled and stabilised, ensure sand is cleaned using a 20mm sieve to remove all material other than clean sand and ensure sand is delivered and deposited to the beach. Based on the above, and the recommendation of amended plans, the proposed development will achieve compliance with the Coastal Erosion Hazard overlay code as a whole.



Driveways and vehicular crossings code;

General development provisions code;

Healthy waters code;

Solid waste management code;

Transport code; and

Vegetation management code.

Under the City Plan, compliance with a code, can be achieved by either compliance with the Purpose and Overall outcomes of the code, or, compliance with either the Performance outcomes or Acceptable outcomes. Acceptable outcomes are generally quantifiable provisions, with the Performance and overall outcomes generally qualitative and performance based


Officers have undertaken an assessment of all relevant provisions and the proposed development complies with the applicable Acceptable outcomes of the code. In accordance with section 5.3.3 of the City Plan, this means the development complies with the Purpose and Overall outcomes of the code – therefore complies with the code.

The proposed location of the vehicle crossover will result in the removal of a formalised (marked) on-


196 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 street car parking space. In response, Officers have recommended a condition that required the applicant to obtain a further development permit for Operational works to remove the on-street car parking space prior to commencement of the use at no cost to Council.

Healthy waters code


Stormwater quality; Stormwater quality; and Erosion and sediment control.



PO1

Development appropriately manages stormwater quality to:

(a) protect natural ecosystems;

(b) integrate stormwater treatment into the urban landscape;

(c) protect water quality;

(d) reduce runoff and peak flows; and

(e) meet the water quality objectives and environmental values for Queensland waters.

Note: Water quality objectives and environmental values for Queensland waters are contained within Schedule 1 of the Environmental Protection (Water) Policy 2009. Water quality objectives are locally specific and vary between and within river catchments.

AO1.1


(a) for a dwelling house, dual occupancy or multiple dwelling on a lot less than 5000m²; or

(b) light industry or business activity on a lot less than 2500m²,

it complies with the ‘Deemed to comply’ requirements detailed in the Stormwater quality management guidelines in SC6.9 City Plan policy – Land development guidelines.

AO1.2


(a) for a dwelling house, dual occupancy or multiple dwelling on a lot equal to or more than 5000m² but less than 1.25 ha; or

(b) light industry or business activity on a lot equal to or more than 2500m² but less than 1.25 ha;

(c) it complies with the ‘Deemed to comply’ requirements detailed in the Stormwater quality management guidelines in SC6.9 City Plan policy – Land development guidelines.

AO1.3

Where development is not listed in AO1 a Stormwater Quality Management Plan is prepared by a suitably-qualified person in accordance with the Stormwater quality management guidelines in SC6.9 City Plan policy – Land development guidelines.

Stormwater quantity

PO2

Stormwater quantity management outcomes demonstrate no adverse impact on stormwater flooding or the drainage of properties external to the subject site.

AO2

A stormwater quantity management plan is prepared by a suitably qualified person and demonstrates:

(a) achievable stormwater quantity control measures for discharge during both the construction and operational phases of development designed in accordance with the Queensland Urban Drainage Manual (QUDM) unless subject to specific requirements of SC6.9 City Plan policy – Land development guidelines;


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(b) on-site detention systems that are designed to restrict peak outflows for Q2, Q5, Q10, Q20 Q50 and Q100 to pre-development conditions.

Erosion and sediment control (ESC)

PO6

Development does not cause erosion or allow sediments to leave the site.

AO6

An Erosion hazard assessment completed in accordance with the criteria in Table 9.4.5-3 is undertaken to establish the level of risk for soil erosion and sediment pollution to the environment.

Where the Erosion hazard assessment has a risk score less than or equal to 10:

A deemed to comply report is prepared by a suitably qualified person for Council approval, including conceptual location and design drawings of each treatment measure in plan and section views, in accordance with the Best Practice Erosion and Sediment Control: International Erosion Control Association, (IECA) 2008, Australasia Chapter 2008.

Where the Erosion hazard assessment has a risk score greater than 10:

A conceptual erosion and sediment control plan (ESCP) is prepared by a suitably qualified person for Council approval in accordance with the Best Practice Erosion and Sediment Control: International Erosion Control Association, (IECA) 2008, Australasia Chapter 2008.

Officer’s comment

The applicant did not submit a stormwater management plan nor complete an erosion hazard assessment. As such the application has been assessed against the Performance outcome.

The application was referred to Hydraulics and Water Quality for assessment relating to stormwater and erosion sediment. The following comments have been provided:

“Assessment has determined that the proposal complies with Acceptable outcomes of PO1, PO2 and PO6 of Healthy waters code. Appropriate conditions are included in relation to these PO’s”.

As such, conditions have been recommended within the Officers recommendation to ensure ongoing compliance with the Healthy waters code.



Transport code


Vegetation management code

Officers have undertaken an assessment of all relevant provisions and the proposed development complies with the applicable Acceptable outcomes of the code. In accordance with section 5.3.3 of the City Plan, this means the development complies with the Purpose and Overall outcomes of the code –


198 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 therefore complies with the code.



Amenity protection.


These provisions are assessed in relation to the General development provisions code.

Amenity


PO1

Development mitigates any negative effects to amenity, health and safety from existing surrounding activities having regard to:

(a) noise;


(c) traffic;

(d) signage;

(e) visual amenity;

(f) wind effects;

(g) privacy;

(h) vibration;

(i) contaminated substances;



(l) safety.

AO1


PO2

The proposed development prevents loss of amenity and threats to health and safety, having regard to:

(a) noise;


(c) traffic;

(d) signage;

(e) visual amenity;

(f) wind effects;

(g) privacy;

(h) vibration;

(i) contaminating substances;



(l) safety.

AO2


Officer’s comment

The above provisions of the General development provisions code provides no acceptable outcomes, as such the development has been assessed against the Performance outcome.


199 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 As the proposed development relates to a Dwelling house in a residential area, it is not considered that there are associated impacts to or from surrounding developments in relation to noise, hours of operation, traffic, signage, wind effects, vibration, contaminating substances, hazardous chemicals; odour and emissions or safety. However, for transparency, an assessment has been undertaken below against Performance outcome PO1 and PO2.

Visual amenity and privacy

The proposed Dwelling house has been designed to be sympathetic and appropriately interface with the adjoining properties to alleviate any negative impacts on amenity and privacy to the surrounding properties.

The design of the development has orientated all living areas and any large openings towards the adjacent public open space to the east and the south east of the subject site. The northern and western face of the Dwelling house has minimised the use of building openings and windows to protect the amenity and privacy of the development and the neighbouring Dwelling houses. The proposed Dwelling house steps in at each level to increase the setbacks at each floor to further assists in the protection of adjacent amenity and reduce the perceived bulk of the development. The building has been treated with high quality materials to enhance visual appearance. This involves the use of high quality building materials and a varying colour pallet. Planters are incorporated within the building articulation at various levels of the development to provide further visual interest, soften the built form and provide privacy for both residents and surrounding properties.

The Dwelling has been sited on the subject site to reflect the existing scale of the surrounding area. The development utilises landscaping in order to achieve a well maintained interface and impact to the adjacent properties. The development includes landscape planters including climbing species and palms situated and the northern and western property boundaries to protect the amenity and privacy of the adjacent lots. The use of an arbour with climbing species is proposed to partially screen the entry to the basement level from the adjacent properties and the streetscape. Planters have been proposed above ground level to further reduce the prominence of the development.

There are no adjacent developments to the east or the south of the subject site, as such it is considered the proposal appropriately protects the visual amenity and privacy of the development and surrounding properties.


No infrastructure charges are applicable to the proposed Dwelling house development at 1 Hilda Street, Mermaid Beach. This is due to a credit being applied for the existing Dwelling house being of equal value to the charge incurred by the proposal.

7 LOCAL PLANNING INSTRUMENTS THAT MAY BE MATERIALLY AFFECTED BY THE DEVELOPMENT


8 REFERRALS


This application has been assessed by internal referral officers who have provided comments and reasonable and relevant conditions. An overview of the recommended conditions are provided in the table below:

Internal city expert Conditions

Arborist Not applicable.


200 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 Beaches and Water Not applicable.

City Architect Relevant Comments

The comments relating to this application have been included within section 5.3 of this report.

City Infrastructure

Relevant comments

The City assets branch considers the permanent structure (pool) within the A-Line setback will impede maintenance of surrounding seawall and recommends the pool be removed.

Conditions

Rectification of Council’s infrastructure; Existing infrastructure, structures and services; and Construction of vehicular crossing.

Advice notes

Connections to, alteration or realignment of Council infrastructure;

Further development permits/compliance permits; and Connections to, alteration or realignment of Council

infrastructure.


Relevant comments

Not applicable.

Conditions

Acid sulfate soils management plan.


Relevant comments

Landslide Hazard Overlay Map of the City Plan does not identify the site with any landslide hazard. As such, the relevant ‘Landslide Hazard Overlay Code’ is not applicable.

The submitted drawings indicate that the proposed development includes a single level in-ground basement car park. The construction of the proposed basement requires deep excavation extending close to the property boundary. This deep excavation may potentially destabilise/damage adjoining properties/structures unless adequate retention system is designed and installed on site. No geotechnical report was provided from a geotechnical engineer (RPEQ) confirming that the proposed basement excavation retention system achieves a factor of safety of at least 1.5, 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 and infrastructure.

In order to ensure no adverse impact on any adjacent properties/structures as a result of the proposed basement excavation/construction, conditions have been recommended to certify the works.

Conditions

Certification of works - Geotechnical Engineering.


Not applicable.


201 ADOPTED REPORT



Relevant comments

The comments provided by Hydraulics and Water Quality have been included within section 5 of this report. The following additional comments have been provided.

The applicant proposed a swimming pool and deck within the 8.1m foreshore seawall setback area. Officers consider there may be a number of unforeseen risks or difficulties that may arise as a result of the structures restricting access within the foreshore seawall setback. These include (and are not limited to) the financial capabilities and responsibility surrounding the structures in the event the structure must be removed for seawall maintenance. As such, Officers are recommending a condition of amended plans to remove the structures from the 8.1m setback.

Conditions

Amended plans; Overland flow paths and hydraulic alterations; Certification of works - Hydraulics and Water Quality; Erosion and sediment control; Sand management plan; and Dewatering management plan.

Landscape Assessment Not applicable.

Open Space Assessment Not applicable.

Operational Works Not applicable.


Relevant comments

Not applicable.

Conditions

Plumbing and drainage works

Advice notes

Further development permits/compliance permits

Queensland Fire Rescue Not applicable.

Social Planning Not applicable.

Subdivision Engineering Not applicable.


Relevant comments

The proposal complies with all relevant aspects of the Transport code, including the provision of car parking spaces (2 spaces required) and design of car parking spaces (to AS2890.1 standards). In addition, the driveway and car parking layout for the development provides for vehicles to enter and leave the site in a forward direction.

Conditions

Off street vehicle and car parking facilities; and Removal of on street car parking space.

Advice notes

Development infrastructure; and


202 ADOPTED REPORT


Further development permits/compliance permits.

Water and Waste

Relevant comments

Not applicable.

Conditions

Rectification of Council’s infrastructure; and Reline sewer connection.

Advice notes

Connections and disconnections; Further development permits/compliance permits; and Connections to, alteration or realignment of Council

infrastructure.


There are no concurrence or advice agencies triggered by this development application.

9 PUBLIC NOTIFICATION

9.1 Overview

In response to public notification:

23 properly made submissions were received, consisting of (23 objections);

0 submissions were received that were not properly made.

9.2 Compliance with public notification requirements

The applicant has submitted a notice of compliance stating public notification has been completed in accordance with the requirements of the Development Assessment Rules under the Planning Act 2016.

Council has reviewed the public notification material and considers the applicant has complied with the requirements of the Development Assessment Rules.

9.4 Issues raised in submissions

The main issues raised by submitters who made a properly made submission or a submission that has been accepted by the assessment manager are discussed below.


Building Height

The development exceeds the building height limit of 9m and should be refused.

The proposed design is considered to be four storeys in a predominantly two storey environment. The fourth floor Terrace level emphasizes the bulk of the development which

The Building height overlay map identifies the subject site with a building height of two (2) storeys (9 metres) that may include a partial third storey subject to code assessment. The site is located within an Urban neighbourhood and in limited circumstances building heights are permitted to exceed the mapped height up to 50% (Urban Neighbourhoods Element - Specific outcome 3.3.2.1(9) of the Strategic Framework).

Initially the development proposed a building height


203 ADOPTED REPORT


impacting natural light and privacy. Height does not contribute to

streetscape.

of 11.43m. The initial proposed plans for the development indicated the basement level protruding above 1m from ground level therefore constituting a four (4) storey Development. Officers issued an Information request recommending the applicant amend the design of the development and show a reduction in building height. The response to the information request demonstrated a basement less than 1m above ground level and subsequently a reduction in building height from 11.43m to 11.23m.

The amended proposed development includes a partial third storey and a maximum building height of 11.23m which exceeds the Building height overlay map by a total of 2.23m representing an increase of 24.73%. The officer’s assessment has demonstrated the development’s compliance with Element 3.3.2.1(9) of the Strategic Framework.

The proposed building height is provided in an appropriate built form and is of a quality architectural outcome which was found to contribute to the streetscape character of the area. The proposed built form is articulated and uses a variety of colours and materials to create an attractive streetscape. The proposed Dwelling house steps in at each level to increase the setbacks at each floor to further assists in the protection of adjacent amenity and reduce the perceived bulk of the development. The development utilises landscaping in order to achieve a well maintained interface and impact to the adjacent properties. The development includes landscape buffers including climbing species and palms situated and the northern and western property boundaries to protect the amenity and privacy of the adjacent lots. The proposed development will result in minimal shadow impacts to the surrounding properties. The resulting shadow impacts are not significantly greater than a typical two (2) storey 9m dwelling house, the development is not positioned to the north of a residential property.

Prior to the development undertaking public notification, the first plans submitted with the development application detailed the basement protruding more than 1m above ground level. City Plan (version 4) defines a basement level as follows:

“A space that is situated between one floor level


204 ADOPTED REPORT


and the floor level next below where no part of the space projects more than one metre above ground level.”

The response to the information request amended the proposed development demonstrating no part of the basement protrudes more than 1m above ground level.

City Plan (version 4) defines a storey as follows:

“A space that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but not a space that contains only:

(a) a lift shaft, stairway or meter room; (b) a bathroom, shower room laundry, water

closet, or other sanitary compartment; (c) a combination of the above.

A mezzanine is a storey.

A roofed structure on or part of a rooftop that does not solely accommodate building plant and equipment is a storey.

A basement is not a storey”

Based on the above definitions, the proposed development results in a two storey (partial third) development including a basement level.

Building design

Greater variety of high quality materials should be incorporated into the design along the northern side of dwelling.

The proposed development mitigates the impact on adjacent amenity through limited window openings on the northern face of the development. The building has been treated with high quality materials to enhance visual appearance along with a varying colour pallet. Planters are incorporated within the building articulation at various levels of the development to provide further visual interest. The proposed development was referred to the Office of the City Architect for assessment. The Office of the City Architect has determined the development delivers a high quality architectural and urban design outcome.


205 ADOPTED REPORT


Setback Encroachments

Front (southern) street boundary setback at 1.6m is too close to the street. Has significant adverse impact to the adjoining property. The western boundary setback seems too close with adverse shadow and privacy impacts on the adjoining property.

No sufficient clearance between buildings.

Impact views of houses built at 4m. Structures in A-line setback effecting

views to the south. The development exceeds the

minimum setback requirements. This will significantly affect the views of neighbouring houses.

Impacts the light, view and privacy from neighbouring dwelling. Further setback on the fourth floor from the northern boundary should be mandatory.

The proposed Dwelling house achieves a high standard of architectural design. The proposal incorporates a stepped vertical built form to reduce the perceived bulk and contribute to the character and amenity of the area. In order to further protect the amenity and privacy of the surrounding properties the development has orientated all living areas and any large openings towards the adjacent public open space to the east and the south east. The northern and western face of the Dwelling house has minimised the use of building openings and windows.

The proposed Dwelling House has been sited on the subject site to reflect the existing scale of the surrounding area.

The development utilises landscaping in order to achieve a well maintained interface and impact to the adjacent properties. The development includes landscape planters (including climbing species and palms) situated and the northern and western property boundaries to protect the amenity and privacy of the adjacent lots.

The frontage of the subject site includes a cul-de-sac which results in the road not being positioned directly in front of the property, but rather positioned approximately 4.5m from the boundary of the subject site (measured at the closest point). The proposed development includes a fixed awning over the entry to the Dwelling house constructed to the boundary. In this specific instance this outcome is considered to result in a suitable outcome. The awning relates to a length of approximately 3.5m, the remainder of the building is setback between 1.6m and 2m from the street front boundary. The entry awning is centrally located on the subject site and is open in nature; as such it is not considered the entry awning has any impact to the adjacent amenity. Atop of the entry awning, the development has included a planter box to soften the built form and contribute to the streetscape character. The remainder of the building encroaching in the front setback is not considered to result in any significant impacts to amenity as there are no residential properties located adjacent to the south of the subject site. The remainder of the building encroaches within the front setback however, landscaping including feature palms reduce the perceived prominence and bulk of the development when viewed from the street.


206 ADOPTED REPORT


The use of an arbour with climbing species is proposed to partially screen the entry to the basement level from the adjacent properties and the streetscape. Planters have been proposed above ground level to further reduce the prominence of the development.

The development includes a roofed deck encroaching approximately 1.6m into the A-line setback. Officers do not support any encroachment within the 8.1m A-line setback and have recommended conditions of approval to remove the structures proposed within the A-line setback.

Site cover

The development exceeds 50% site cover, this can only be achieved by having excessive coverage of land with the building blocking out views of ocean from residents.

As discussed in section 5.3 of this report, the development is considered to comply with the relevant Performance criteria.

The development achieves a balanced between built form and green areas for landscaped private open space. The surrounding area of the subject site is characterised by predominantly Dwelling houses within a landscaped setting. It is considered the proposed development reflects this neighbourhood character. The proposed landscaping consists of trees, palms, screening and grassed areas that further contribute to the development reflecting the surrounding character of the area. The building has been treated with high quality materials to enhance visual appearance. This involves the use of high quality building materials and a varying colour pallet. Additionally, the building design steps in at each level. The articulated built, range of colours and materials provide visual interest and acts to reduce the perceived bulk of the development.

With regards to the development restricting morning sunlight and ocean view to the adjacent property, the proposed building height development has been assessed against the Strategic framework an is considered to comply.

Notification Period.

The onsite signs say submissions close 12 June but GCCC docs say 11 June leading residents to be misled.

PD online and the sign placed the subject site indicate the closing date for submissions was 12 June 2018. This notification period is compliant with the requirements of the Planning Act 2016. All submissions were submitted within the specified timeframes which indicates the residents were


207 ADOPTED REPORT


aware of timeframes.

Unsafe site access

The development does not provide a safe pedestrian pathway as the view of vehicles entering and exiting the basement is obscured.

The proposed development has included pedestrian sight lines in accordance with Australian Standards and a compliant driveway gradient. Based on this, it is considered the development provides safe access and exit from the site for vehicles and pedestrians on the footpath.

Property Values

The proposed development will reduce surrounding property values.

The City Plan does not contain provisions or outcomes relating to property values, as such the application cannot be assessed against the impacts to surrounding property value.

Referral to State Government

The development needs to be referred to the state government

In accordance with Schedule 10, Part 17, Division 1, Section 28 of The Planning Regulation 2017, the proposed driveway crossover within the Coastal Management District does not meet the requirements to be triggered to a State entity.

Non compliances with City Plan

Within the submissions received, a town planning report was provided from a private town planning consultant on behalf of submitters. The town planning report provided assessment of the development application detailing non-compliances with the relevant provisions of City Plan.

A town planning report from a planning consultant was received during the public notification period assessing the development against the relevant provides of City Plan. The town planning report contends the development does not comply with the provisions of the City Plan. This report has assessed the development against the same matters and has determined the development to comply with all of the relevant provisions of City Plan.

If approved the development would set a precedent

Each application received by Council is assessed on its own merit.

10 CONCLUSION

Council is in receipt of an application for a Development permit for a Material change of use (Impact assessment) for a Dwelling house (inclusive of a partial third storey) at 1 Hilda Street, Mermaid Beach.

The proposal seeks to establish a Dwelling house inclusive of a partial third storey (at a maximum height of 11.23m). The proposed development exceeds the height nominated for the subject site on the Building height overlay map of 9m. The development is located within the Urban neighbourhood (as per Strategic framework maps) which allows for an increase in building height of up to 50% (maximum of 13.5m) providing the relevant provisions are satisfied.

It is considered the development results in a well-designed building that complements the existing and emerging character of the area and enhances the sense of place. The proposed building height is considered to be consistent with other Dwelling house developments (including partial third storeys) within the vicinity of the subject site. The proposed built form of the development has been designed to achieve a well maintained interface to the adjacent properties. The building has been treated with high quality materials to enhance visual appearance along with a varying colour pallet. Planters are incorporated within the building articulation at various levels of the development to provide further visual interest and soften the build form. After a detailed assessment, it has been determined the proposed development is able to satisfy the building height provisions warranting an increase in


208 ADOPTED REPORT

ITEM 3 (Continued) REPORT ON DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE (IMPACT ASSESSMENT) FOR A DWELLING HOUSE (INCLUSIVE OF A PARTIAL THIRD STOREY) AT 1 HILDA STREET, MERMAID BEACH PN25197/01/DA1 building height of 2.23m above 9m, representing an increase of 24.73%.

It is recommended the application be approved, subject to conditions.

11 NOTIFICATIONS

Not applicable.

12 RECOMMENDATION It is recommended that Council resolves as follows:

Nature of decision

A Council approves (with conditions) the issue of a Development permit for a Material change of use (Impact assessment) for a Dwelling house (inclusive of a partial third storey), subject to the following conditions:

General

1 Timing



2 Amended drawings


Town planning


SITE PLAN HUSBAND ARCHITECTS

27/06/2018 Da10 D

AREA DIAGRAMS AND MATERIALS SCHEDULE

HUSBAND ARCHITECTS

27/06/2018 DA11 D

BASEMENT FLOOR PLAN HUSBAND ARCHITECTS

27/06/2018 DA20 E

GROUND FLOOR PLAN HUSBAND ARCHITECTS

27/06/2018 DA21 E

FIRST FLOOR PLAN HUSBAND ARCHITECTS

27/06/2018 DA22 E

SECOND FLOOR PLAN HUSBAND ARCHITECTS

27/06/2018 DA23 E

ROOF PLAN HUSBAND ARCHITECTS

27/06/2018 DA24 D

SECTION A-A HUSBAND ARCHITECTS

27/06/2018 DA30 D

SECTION B-B HUSBAND 27/06/2018 DA31 D


209 ADOPTED REPORT


ARCHITECTS SECTION C-C HUSBAND

ARCHITECTS 27/06/2018 DA32 D

ELEVATIONS SHEET 1 HUSBAND ARCHITECTS

27/06/2018 DA40 D

ELEVATION SHEET 2 HUSBAND ARCHITECTS

27/06/2018 DA41 D

INTERFACE SECTIONS HUSBAND ARCHITECTS

27/06/2018 DA60 A

VEHICULAR CROSSING DETAILS HUSBAND ARCHITECTS

27/06/2018 DA61 A


a The amended plans will ensure that there are no structures (including a pool or roofed deck) positioned within the 8.1m foreshore setback area; and

b To ensure an acceptable level of amenity and alleviate perceived privacy concerns to the northern adjoining lot, the ground level deck is setback a minimum of 1m from the northern property boundary.

Scope of Approval (specific condition)

3 Structures within 8.1 metre A-Line setback

No structures are to be constructed within the 8.1 metre A-Line setback to ensure maintenance access of the foreshore seawall is not impeded.

Amenity




b Service equipment




Transport



i A minimum of 2 car parking spaces.

ii All spaces are drained and sealed.


Engineering




210 ADOPTED REPORT




a. Obtain an operational works approval for the removal/ relocation of existing infrastructure, structures and services identified on the drawings listed below prior to commencement of the use at no cost to Council and include in particular:

i. Remove redundant vehicular crossing.

ii. Remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).


Design and construct the vehicular crossing generally in accordance with the Driveways and vehicular crossing code of the City Plan.

9 Removal of on street car parking space

a Obtain an operational works approval for the removal of the on-street car parking space at the proposed vehicular crossover location prior to commencement of the use at no cost to Council.

b Removal of the on street car parking space identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines.

Stormwater Drainage












iv Inspections for erosion and sediment control measures occur in accordance with the compliance procedures in City Planning Policy SC6.11 – Land development guidelines, Section 4.5.17.1.2 – Compliance.



211 ADOPTED REPORT


12 Reline sewer connection

Obtain an approval from Water and Waste to reline the existing 100 mm sewer property connection prior to connection to the internal private sewer reticulation at no cost to Council and include in particular:

i The use of a “cured in place pipe” (CIPP) relining methodology.

ii A closed circuit television (CCTV) and condition report.

iii An “Application to Work on the City’s Infrastructure” form.


13 Acid sulfate soils management plan

a Obtain a Management Plan approval for an Acid sulfate soils management plan generally in accordance with the Acid sulfate soils overlay code of the City Plan, to implement acid sulfate soils control measures at no cost to Council, prior to any works commencing.

b The Acid sulphate soils management plan must be prepared by a suitably qualitied professional.

c Implement the Acid sulphate soils management plan during construction works at no cost to Council.

14 Certification of works - Geotechnical Engineering



Certified document


Expert discipline


Basement excavation retention design certification

Prior to the issue of a development permit for building works




i The basement excavation retention system has been adequately designed based on existing geotechnical conditions of the site.

ii Detailed stability analyses have been carried out for the designed basement excavation retention system.

iii The designed basement excavation retention system achieves a factor of safety of at least 1.5, the calculated retention wall movements and rotations are within acceptable limits, and the basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the adjacent buildings, properties and infrastructure.

iv A site-monitoring plan is in place for the entire basement excavation/construction period and for a post-construction period of at least three months in order to monitor and detect impact on the stability and integrity of the adjacent properties/structures.

v A contingency plan is in place in case any sign of instability on the adjacent properties/structures is identified or detected during the basement excavation/construction period.


212 ADOPTED REPORT



Certified document

Certification date Plan/

Drawing

Expert discipline



Immediately after completion of the basement structure up to natural ground level




The basement excavation/construction has been satisfactorily carried out and there are no visible signs or monitored data indicating any adverse effects on the stability and integrity of the adjacent buildings, properties and infrastructure.




Certified document

Certification date Plan/ Drawing Expert discipline


Coastal erosion and wave resistant footings

Prior to commencement of the use.




i. All footings are designed and constructed to be resistant to coastal erosion and comply with the Coastal erosion hazard (ocean front land) overlay code of City Plan

ii. All footings are designed and constructed to be resistant to wave attack to comply with the Coastal erosion hazard (ocean front land) overlay code of the City Plan.

16 Sand management plan

a Prepare and submit for approval a Sand management plan generally in accordance with City Plan policy - Coastal erosion hazard overlay code prior to any works commencing.

b The Sand management plan must be prepared by a suitably qualified professional and include in particular.

i Outline actions to ensure excavated sand is cleaned, treated, placed, levelled and stabilised.

ii Ensure sand is cleaned using a 20mm sieve to remove all material other than clean sand.

iii Ensure sand is delivered and deposited to (identify relevant beach).

c Implement the Sand management plan prior to any works commencing at no cost to Council.

17 Dewatering management plan

a Obtain a Management Plan approval for a Dewatering management plan generally in


213 ADOPTED REPORT


accordance with the Guidelines for Dewatering Management Plan dated May 2016, prior to any works commencing.

b The Dewatering management plan must be prepared by a suitably qualitied professional and include in particular:

i Purpose for dewatering (ie: an explanation why dewatering is required).

ii Dewatering technique (ie: wellpoint, deep well, open hole etc).

iii Anticipated dewatering flow rate and total dewatering duration.

iv Controls (ie: settling tank, turbidity curtain etc) and method of effluent discharge.

v Measures and techniques to manage noise, vibration and odour issues.

vi Measures and techniques to manage geotechnical stability issues.

vii Contingency plan in case of emergency situation.

viii Engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2, where dewatering is conducted in a contaminated area.

ix Monitoring program to ensure effluent will comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines.

x Baseline assessment of the existing environment (i.e. fauna, water quality) that will receive the discharge.

xi Strategy for monitoring and managing any impacts during the life and after closure of the project.

xii The point of discharge to the storm water system and to any waterway or water body.

xiii Hydrogeological and hydrological assessment of the project area to estimate quantity and quality of water to be discharged.

xiv Verification the quality of discharge water will comply with the receiving water duration and frequency of the discharge.

xv Seasonal variability of the receiving water quality.

xvi Assessment of the viability of treating or recycling wastewater.

xvii Location of all treatment pads.

c Implement the Dewatering management plan during construction works at no cost to Council.




Note:


Advice Notes

A Connections and disconnections


Refer to Water and Sewerage Connections Policy, available on Council’s


214 ADOPTED REPORT


websitehttp://www.cityofgoldcoast.com.au

B Connections to, alteration or realignment of Council infrastructure



The applicant shall apply for approval from the Transport and Traffic Branch for the alteration to the line-marking for the car park spaces fronting the property.

C Development infrastructure


D Further development permits/compliance permits


City Assets

- Operational works - vehicle access works

- Operational works – works for infrastructure





Water and Waste



E Compliance with conditions


F Indigenous cultural heritage legislation and duty of care requirement



215 ADOPTED REPORT









G Applicant responsibilities









g Obtaining any necessary local government/state approvals where works require the installation of temporary ground anchoring into adjacent Road Reserves. Where ground anchoring is proposed into an adjacent private property, approval from the relevant property owners(s) is required

H Weeds, pest animals and ants

Biosecurity Queensland of the Department of Agriculture and Fisheries leads the Government's efforts to prevent, respond to and recover from pests and diseases threatening agricultural prosperity, the environment, social amenity and human health.

All landscape materials, including but not limited to, soils, mulch, grass, gravel, potted or ex-ground plants, pavers and timber used in landscape treatments must be free from weeds, pest animals and ants.

I Fire ant control


216 ADOPTED REPORT



J Gold Coast Airport approval of building and/or structure height


K Notice of works timetable


Author: Authorised by:

Joseph Gagie Alisha Swain

Town Planner Director Economy, Planning & Environment

August 2018


217 ADOPTED REPORT


Conflict of Interest – Cr Owen-Jones:- Pursuant to section 175E(2) of the Local Government Act 2009, I would like to inform the meeting that I have a personal interest in this matter, which I recognise may be a real or perceived conflict of interest the particulars of which are as follows: The name of the person or entity is: Geyer Town Planning The nature of the relationship is: a Director of Zone Planning was a

Director of Geyer Town Planning who contributed to my 2016 campaign.

The value of the gift or benefit is: $900 The date of the gift: 23 August 2015 The nature of the other person’s interest in the matter is: David Geyer, formerly of Geyer Town

Planning, is a Director of Zone Planning, a consultant to this application.

However I have considered my position and my interest in this matter as just described, and am firmly of the view that I may participate in the meeting and vote in respect of this matter in the public interest for the reason that the city is still awaiting legal advice regarding the potential for a perceived conflict of interest. I do not have a personal relationship with David Geyer. PROCEDURAL MOTION moved Cr Tozer seconded Cr Baildon

Pursuant to section 175E(4) of the Local Government Act 2009 , Council resolves that:

Cr Owen-Jones has a real or perceived conflict of interest in this matter; however

Cr Owen-Jones may participate in the meeting and vote on the matter for the following reason that the public interest supersedes the information supplied in Cr Owen-Jones’ disclosure.

A division was called. For 4 Cr O’Neill, Cr Baildon, Cr Tozer, Cr Taylor Against 3 Cr Vorster, Cr PJ Young, Cr Caldwell Abstained 0 Absent 0 Did Not Vote 1 Cr Owen-Jones

CARRIED In accordance with Section 175E(4) of the Local Government Act 2009, Cr Owen-Jones did not vote.


218 ADOPTED REPORT


MOTION moved Cr Taylor seconded Cr Vorster 1 That the development does not achieve the Strategic and Specific outcomes of the Strategic

Framework in that:

a The proposal results in a non-compliance with Strategic outcome 3.3.1 (3) in that proposal is not provided in a form, height and scale consistent with the function, amenity and desired future character and that the proposal is not attractive and well-designed;

b The proposal results in a non-compliance with Specific outcome 3.3.2.1(8) in that the proposed building exceeds that identified on the Building height overlay map;

c The proposal results in a non-compliance with Specific outcome 3.3.2.1 (9) in that the following outcomes are not satisfied:

(b) a well-managed interface with, relationship to and impact on nearby development, including the reasonable amenity expectations of nearby residents;

(d) an excellent standard of appearance of the built form and street edge;

(f) protection for important elements of local character or scenic amenity, including views from popular public outlooks to the city’s significant natural features;

2 That the development does not achieve the Purpose, Overall outcomes and Performance outcomes of the Medium density residential zone code in that:

(a) The proposal results in a non-compliance with Overall outcome 6.2.2.2 (2)(b)(vii), 6.2.2.2 (2)(b)(viii), 6.2.2.2 (2)(d)(i) and PO3 (building height) in that:

(i) The additional building height will result in unreasonable impacts to adjoining residential amenity;

(ii) That the proposed development is not considered to achieve a high quality urban design; and

(iii) Given the above, that the developments inability to address these items does not substantiate an exceedance of the building height that is indicated on the Building height overlay map.

3 That relevant matters do not exist to overcome the non-compliance identified with City Plan Version 4.

A division was called. For 3 Cr Vorster, Cr Taylor Cr O’Neill Against 5 Cr Caldwell, Cr Owen-Jones, Cr PJ Young, Cr Tozer, Cr Baildon Abstained 0 Absent 0

The MOTION was LOST.


219 ADOPTED REPORT


Committee Recommendation Adopted At Council 28 August 2018 Changed Recommendation Addition of Condition 2(c) COMMITTEE RECOMMENDATION EPE18.0822.003 moved Cr Owen-Jones seconded Cr Caldwell

Nature of decision

A Council approves (with conditions) the issue of a Development permit for a Material change of use (Impact assessment) for a Dwelling house (inclusive of a partial third storey), subject to the following conditions:

General

1 Timing



2 Amended drawings


Town planning


SITE PLAN HUSBAND ARCHITECTS

27/06/2018 Da10 D

AREA DIAGRAMS AND MATERIALS SCHEDULE

HUSBAND ARCHITECTS

27/06/2018 DA11 D

BASEMENT FLOOR PLAN HUSBAND ARCHITECTS

27/06/2018 DA20 E

GROUND FLOOR PLAN HUSBAND ARCHITECTS

27/06/2018 DA21 E

FIRST FLOOR PLAN HUSBAND ARCHITECTS

27/06/2018 DA22 E

SECOND FLOOR PLAN HUSBAND ARCHITECTS

27/06/2018 DA23 E

ROOF PLAN HUSBAND ARCHITECTS

27/06/2018 DA24 D

SECTION A-A HUSBAND 27/06/2018 DA30 D


220 ADOPTED REPORT


ARCHITECTS

SECTION B-B HUSBAND ARCHITECTS

27/06/2018 DA31 D

SECTION C-C HUSBAND ARCHITECTS

27/06/2018 DA32 D

ELEVATIONS SHEET 1 HUSBAND ARCHITECTS

27/06/2018 DA40 D

ELEVATION SHEET 2 HUSBAND ARCHITECTS

27/06/2018 DA41 D

INTERFACE SECTIONS HUSBAND ARCHITECTS

27/06/2018 DA60 A

VEHICULAR CROSSING DETAILS

HUSBAND ARCHITECTS

27/06/2018 DA61 A


a The amended plans will ensure that there are no structures (including a pool or roofed deck) positioned within the 8.1m foreshore setback area; and

b To ensure an acceptable level of amenity and alleviate perceived privacy concerns to the northern adjoining lot, the ground level deck is setback a minimum of 1m from the northern property boundary.

c An amended western facade with greater articulation.

Scope of Approval (specific condition)

3 Structures within 8.1 metre A-Line setback

No structures are to be constructed within the 8.1 metre A-Line setback to ensure maintenance access of the foreshore seawall is not impeded.

Amenity




b Service equipment




Transport



i A minimum of 2 car parking spaces.


221 ADOPTED REPORT


ii All spaces are drained and sealed.


Engineering





a Obtain an operational works approval for the removal/ relocation of existing infrastructure, structures and services identified on the drawings listed below prior to commencement of the use at no cost to Council and include in particular:

i Remove redundant vehicular crossing.

ii Remove any redundant stormwater kerb adaptors and disused service pits from the kerb and channel (including any associated pipework across the footpath).


Design and construct the vehicular crossing generally in accordance with the Driveways and vehicular crossing code of the City Plan.

9 Removal of on street car parking space

a Obtain an operational works approval for the removal of the on-street car parking space at the proposed vehicular crossover location prior to commencement of the use at no cost to Council.

b Removal of the on street car parking space identified above at no cost to Council until the asset is accepted “off maintenance” by the City in accordance with the procedures in City Planning Policy SC6.9 – Land development guidelines.

Stormwater Drainage











iii All polluted/contaminated water from the site, including dewatering discharge, is treated to achieve the water quality objectives in Table 8.2.1 of the Queensland


222 ADOPTED REPORT


Water Quality Guidelines (DERM September 2009) prior to discharging from the site.

iv Inspections for erosion and sediment control measures occur in accordance with the compliance procedures in City Planning Policy SC6.11 – Land development guidelines, Section 4.5.17.1.2 – Compliance.


12 Reline sewer connection

Obtain an approval from Water and Waste to reline the existing 100 mm sewer property connection prior to connection to the internal private sewer reticulation at no cost to Council and include in particular:

i The use of a “cured in place pipe” (CIPP) relining methodology.

ii A closed circuit television (CCTV) and condition report.

iii An “Application to Work on the City’s Infrastructure” form.


13 Acid sulfate soils management plan

a Obtain a Management Plan approval for an Acid sulfate soils management plan generally in accordance with the Acid sulfate soils overlay code of the City Plan, to implement acid sulfate soils control measures at no cost to Council, prior to any works commencing.

b The Acid sulphate soils management plan must be prepared by a suitably qualitied professional.

c Implement the Acid sulphate soils management plan during construction works at no cost to Council.

14 Certification of works - Geotechnical Engineering



Certified document

Certification date

Plan/ Drawing

Expert discipline


Basement excavation retention design certification

Prior to the issue of a development permit for building works




i The basement excavation retention system has been adequately designed based on existing geotechnical conditions of the site.

ii Detailed stability analyses have been carried out for the designed basement excavation retention system.

iii The designed basement excavation retention system achieves a factor of safety of at least 1.5, the calculated retention wall movements and rotations are within acceptable limits, and the basement excavation/construction including any dewatering will not cause any adverse effects on the stability and integrity of the


223 ADOPTED REPORT


adjacent buildings, properties and infrastructure.

iv A site-monitoring plan is in place for the entire basement excavation/construction period and for a post-construction period of at least three months in order to monitor and detect impact on the stability and integrity of the adjacent properties/structures.

v A contingency plan is in place in case any sign of instability on the adjacent properties/structures is identified or detected during the basement excavation/construction period.


Certified document

Certification date

Plan/

Drawing

Expert discipline



Immediately after completion of the basement structure up to natural ground level




The basement excavation/construction has been satisfactorily carried out and there are no visible signs or monitored data indicating any adverse effects on the stability and integrity of the adjacent buildings, properties and infrastructure.




Certified document

Certification date

Plan/ Drawing

Expert discipline


Coastal erosion and wave resistant footings

Prior to commencement of the use.




i All footings are designed and constructed to be resistant to coastal erosion and comply with the Coastal erosion hazard (ocean front land) overlay code of City Plan

ii All footings are designed and constructed to be resistant to wave attack to comply with the Coastal erosion hazard (ocean front land) overlay code of the City Plan.

16 Sand management plan

a Prepare and submit for approval a Sand management plan generally in accordance with City Plan policy - Coastal erosion hazard overlay code prior to any works commencing.

b The Sand management plan must be prepared by a suitably qualified professional and


224 ADOPTED REPORT


include in particular.

i Outline actions to ensure excavated sand is cleaned, treated, placed, levelled and stabilised.

ii Ensure sand is cleaned using a 20mm sieve to remove all material other than clean sand.

iii Ensure sand is delivered and deposited to (identify relevant beach).

c Implement the Sand management plan prior to any works commencing at no cost to Council.

17 Dewatering management plan

a Obtain a Management Plan approval for a Dewatering management plan generally in accordance with the Guidelines for Dewatering Management Plan dated May 2016, prior to any works commencing.

b The Dewatering management plan must be prepared by a suitably qualitied professional and include in particular:

i Purpose for dewatering (ie: an explanation why dewatering is required).

ii Dewatering technique (ie: wellpoint, deep well, open hole etc).

iii Anticipated dewatering flow rate and total dewatering duration.

iv Controls (ie: settling tank, turbidity curtain etc) and method of effluent discharge.

v Measures and techniques to manage noise, vibration and odour issues.

vi Measures and techniques to manage geotechnical stability issues.

vii Contingency plan in case of emergency situation.

viii Engineering specifications for dewatering effluent treatment (i.e. air-stripper, carbon filtration, etc) and details for an analytical monitoring program to ensure effluent will meet water quality release standards described in Tables 1 & 2, where dewatering is conducted in a contaminated area.

ix Monitoring program to ensure effluent will comply with applicable water quality release standards described in Tables 1 & 2 of the guidelines.

x Baseline assessment of the existing environment (i.e. fauna, water quality) that will receive the discharge.

xi Strategy for monitoring and managing any impacts during the life and after closure of the project.

xii The point of discharge to the storm water system and to any waterway or water body.

xiii Hydrogeological and hydrological assessment of the project area to estimate quantity and quality of water to be discharged.

xiv Verification the quality of discharge water will comply with the receiving water duration and frequency of the discharge.

xv Seasonal variability of the receiving water quality.

xvi Assessment of the viability of treating or recycling wastewater.

xvii Location of all treatment pads.

c Implement the Dewatering management plan during construction works at no cost to Council.




Note:

A compliance permit for plumbing and drainage works cannot approve the discharge of trade


225 ADOPTED REPORT


waste to Council’s sewerage system. The generator of trade waste must complete an application for approval to discharge trade waste to Council’s Sewerage System (available on Council’s website).

Advice Notes

A Connections and disconnections



B Connections to, alteration or realignment of Council infrastructure



The applicant shall apply for approval from the Transport and Traffic Branch for the alteration to the line-marking for the car park spaces fronting the property.

C Development infrastructure


D Further development permits/compliance permits


City Assets

- Operational works - vehicle access works






Water and Waste



E Compliance with conditions


226 ADOPTED REPORT



F Indigenous cultural heritage legislation and duty of care requirement









G Applicant responsibilities









g Obtaining any necessary local government/state approvals where works require the installation of temporary ground anchoring into adjacent Road Reserves. Where ground anchoring is proposed into an adjacent private property, approval from the relevant property owners(s) is required


227 ADOPTED REPORT


H Weeds, pest animals and ants

Biosecurity Queensland of the Department of Agriculture and Fisheries leads the Government's efforts to prevent, respond to and recover from pests and diseases threatening agricultural prosperity, the environment, social amenity and human health.

All landscape materials, including but not limited to, soils, mulch, grass, gravel, potted or ex-ground plants, pavers and timber used in landscape treatments must be free from weeds, pest animals and ants.

I Fire ant control


J Gold Coast Airport approval of building and/or structure height


K Notice of works timetable


A division was called. For 5 Cr O’Neill, Cr Owen-Jones, Cr PJ Young, Cr Tozer, Cr Caldwell Against 3 Cr Vorster, Cr Taylor, Cr Baildon Abstained 0 Absent 0

CARRIED ADOPTED AT COUNCIL 28 AUGUST 2018 RESOLUTION G18.0828.017 moved Cr Tozer seconded Cr Caldwell

That Committee Recommendation EPE18.0822.003 be adopted as printed in the Economy Planning and Environment Committee Meeting Report. A division was called. For 10 Cr Tozer, Cr PJ Young, Cr Caldwell, Cr Crichlow, Cr O’Neill,

Cr La Castra, Cr Boulton, Cr Gates, Cr PC Young, Cr Tate Against 4 Cr Vorster, Cr Baildon, Cr Taylor, Cr McDonald Abstained 0 Absent 1 Cr Owen-Jones

CARRIED


228 ADOPTED REPORT


Meeting adjourned at 10.45am Meeting reconvened at 11.03am


229 ADOPTED REPORT

GCCC Maps

0 26 52 m

ProjectionMGA94, Zone 56

Disclaimer: Gold Coast City Council, Queensland 2014 or The State of Queensland 2014. No Warranty given in relation to the data (including accuracy, reliability, completeness or suitability)and no liability accepted (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not beused for direct marketing or be used in breach of the privacy laws.

ATTACHMENT 1


230 ADOPTED REPORT

GSPublisherVersion 677.36.60.8

A R C H I T E C T U R A L D R A W I N G S

DA00DA01DA10DA11DA12DA20DA21DA22DA23DA24DA30DA31DA32DA40DA41DA50DA51DA52DA60DA61

TITLE PAGELOCALITY PLANSITE PLANAREA DIAGRAMS & MATERIALS SCHEDULESITE SURVEY PLANBASEMENT FLOOR PLANGROUND FLOOR PLANFIRST FLOOR PLANSECOND FLOOR PLANROOF PLANSECTION A-ASECTION B-BSECTION C-CELEVATIONS - SHEET 1ELEVATIONS - SHEET 2CONTEXT PERSPECTIVES - SHEET 1CONTEXT PERSPECTIVES - SHEET 2CONTEXT PERSPECTIVES - SHEET 3INTERFACE SECTIONSVEHICULAR CROSSING DETAILS

DDDDDEEEEDDDDDDDDAAA

Unit 5, 8 Petrie Terrace, Brisbane, Qld, 4000P 617 3862 1888

E [email protected] www.husbandarchitects.com.au

D E V E L O P M E N T A P P L I C A T I O N

1 HILDA STREETMERMAID BEACH

DATE: 27/06/2018JOB NO. 1680

ATTACHMENT 2 (Page 1 of 20)


231 ADOPTED REPORT


REV. DETAILS INT DATEP2AB

C

D

CLIENT REVIEWDA ISSUEREVISED FLOOR LEVELS

RFI RESPONSE, REVISEDDA

RFI RESPONSE ISSUE

SMMRMR

MR

SM

02/02/201815/03/201822/03/2018

09/05/2018

27/06/2018

MR RALPH & MRS ANGELA DEPASQUALE

PROPOSED DE PASQUALERESIDENCE

CLIENT

PROJECT

TITLE

LOCATION

LOCALITY PLAN

1:500@A3SCALE: JOB No.

DWG No.DRAWN BY:

ISSUE DATE27/06/2018

ISSUE

MR



This drawing is the copyright of HUSBANDARCHITECTS PTY LTD. It may not be used,retained or copied without written authority.

Contractors must verify all dimensions, levelsand relevant details on site prior to any workor making shop drawings.

Do not scale from drawings. Discrepancies orany dimensions not nominated to be broughtto the attention of the architect forconfirmation.

Architectural documentation to be read inconjunction with other consultantdocumentation. Contractors to verifycoordination on site prior to commencingwork or making shop drawings. Discrepanciesto be brought to the attention of the architect.

1 HILDA STREET MERMAIDBEACH QLD 4218

1680DA01D

A-L

INE

SETB

AC

K

A-L

INE

H I L D A S T R E E T

H E

D G

E S

A V

E N

U E PROPOSED

RESIDENCE

GFA AREASGROUND FLOORFIRST FLOORSECOND FLOOR

19117655

422 m²

PROPERTY INFORMATIONCONSTRUCTION: NEW RESIDENTIAL DWELLINGADDRESS: 1 HILDA STREET MERMAID BEACH QLD 4218RP DATA: LOT 2 on RP130054ZONING: MEDIUM DENSITY RESIDENTIALDIVISION: 10SITE AREA: 405m2PLOT RATIO: 1.04

SITE COVER AREAGROUND FLOOR 206

1-

LOCALITY PLANSCALE: 1:500

TOTAL GFA

TOTAL COVERAGE 51.11%

m² m²

*m²

*DENOTES PARTIAL 3RD STOREY @ 31.25% GFA AREA OFSTOREY BELOW.


232 ADOPTED REPORT


REV. DETAILS INT DATEP2AB

C

D

CLIENT REVIEWDA ISSUEREVISED FLOOR LEVELS

RFI RESPONSE, REVISEDDA

RFI RESPONSE ISSUE

SMMRMR

MR

SM

02/02/201815/03/201822/03/2018

09/05/2018

27/06/2018

MR RALPH & MRS ANGELA DEPASQUALE

PROPOSED DE PASQUALERESIDENCE

CLIENT

PROJECT

TITLE

LOCATION

SITE PLAN

1:200@A3SCALE: JOB No.

DWG No.DRAWN BY:

ISSUE DATE27/06/2018

ISSUE

MR



This drawing is the copyright of HUSBANDARCHITECTS PTY LTD. It may not be used,retained or copied without written authority.

Contractors must verify all dimensions, levelsand relevant details on site prior to any workor making shop drawings.

Do not scale from drawings. Discrepancies orany dimensions not nominated to be broughtto the attention of the architect forconfirmation.

Architectural documentation to be read inconjunction with other consultantdocumentation. Contractors to verifycoordination on site prior to commencingwork or making shop drawings. Discrepanciesto be brought to the attention of the architect.

1 HILDA STREET MERMAIDBEACH QLD 4218

1680DA10D

HATCHED SECTION INRED DENOTES EXISTINGHOUSE WHICHENCROACHES WITHINTHE A-LINE OFFSET.

EXISTING DRIVWAY AND CONC.FOOTPATH TO BE DEMOLISHEDFOR PROPOSED WORKS,SHOWN DASHED IN RED.

EXISTING FENCE TOBEACH ENTRY

EXISTING TREE

A-LINE AS LOCATEDBY BENNETT & BENNETTSURVEY, REFERDRAWING 171377_100_001_DET_A

EXISTING HOUSE TO BEDEMOLISHED, SHOWNDASHED IN RED.

A-L

INE

SETB

AC

K

A-L

INE

ADA30

ADA30

BDA31

BDA31

CDA32

CDA32

1,000SETBACK

2,0

00

SETB

AC

K

1,645SETBACK

3,890SETBACK

1,60

0SETB

AC

K

3,277SETBACK

1,026

SETB

AC

K

NEIGHBOURINGONE STOREYDWELLING

H I L D A S T R E E T

M E

R M

A I

D

B

E A

C H

( L O

S

A N

G E

L E

S

E S

P L

A N

A D

E )

H E

D G

E S

A V

E N

U E

BEACH ENTRY

POOL

DECK

ENTRYD

RIV

EW

AY

CR

OS

SO

VE

R

NEIGHBOURINGTWO STOREY DWELLING

CA

RP

OR

T

5.0

6.0

5.2

5

5.5

0

6.2

5

6.5

0

6.7

5

7.2

5

7.5

0

5.2

5

5.5

0

5.7

5

6.0

6.2

5

6.5

0

6.7

5

7.07

.25

7.2

5

7.2

5

NEIGHBOURINGTWO STOREY DWELLING

YARD

7.0

PROPOSEDRESIDENCE

GENERAL NOTE

THIS DRAWING HAS BEEN DEVELOPEDFROM CONSULTANT INFORMATION.

SITE BOUNDARIES, CONTOURS ANDLEVEL INFORMATION HAVE BEENINCORPORATED FROM THE DETAILSURVEY PLAN (DRG NO. 171377_100_001_DET_A) BY BENNETT & BENNETT.

ACTUAL DIMENSIONS AND LAYOUTSMAY DIFFER SLIGHTLY FROM THOSEINDICATED. ALL DIMENSIONS TO BECHECKED ON SITE PRIOR TOCONSTRUCTION.

1-

SITE PLANSCALE: 1:200


233 ADOPTED REPORT

of the economy, planning & environment committee …...2018/08/22 · index adopted report of...

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