owen, - environment.act.gov.au · refer to listing in note book). dear mr/s barnes in accordance...

Planning and Development Act 2007 - Section 141 – Further Information

22/05/2018

ADMINISTRATION CHECKLIST - S141 FURTHER INFORMATION

Application Number: 201324434 – S141A

Block/s: 1 Section: 163 Division: NICHOLLS

eDevelopment

Click on the Development Application – Application Menu.

Click on ‘My Work List’ and click on the DA which should have the status of ‘Waiting for Sufficiency Check’ (current DA Officer will be listed in note book)

or find the DA and allocate to yourself for processing (before you allocate to yourself note down current DA Officer).

e-Development does not automatically update Objective or DARTS – only the plans & documents populate objective. DARTS

Enter the details into the open screen as S141 Further information and note down the Alpha numeric number (A, B, or C etc)

Objective

Locate the original DA and open the ‘Applications’ folder. Put documents in date order

Create a S141X folder and drag all the documents and plans into it

Check orientation and rename all plans and documents to also include the ‘S141X’

Move plans to the ‘Plans’ folder and move the documents to the ‘Supporting Docs’ folder

Email

Send the Sufficiency email and a reference for the ‘Application Lodged’ folder, to the case officer and save into the ‘Assessment’ folder

(save as ‘YYYYMMDD-SUFFICIENCY CHECK FOR DA201XXXXXX-S141X-B/S/SUBURB-01’)

Save the return email from the Assessing officer as above into the ‘Assessment’ folder eDevelopment

Allocate the DA back to the current Assessment Officer – (refer to listing in note book).

Dear Mr/s Barnes

In accordance with section S141 of the Planning and Development Act 2007 , before this application can be determined, the Directorate requires the information below to be lodged by the period stated:

DA Number: 201324434

Site Details:

Block: 22, Section: 89 Suburb: NICHOLLS, District: GUNGAHLIN












Applicant Name: Deb Barnes

Information Required: Please submit the outstanding information referred to in the email request sent to the applicant and Lessees on 3 April 2014.

Further Information due date: 6/05/2014

If you cannot provide your response within the required timeframe, it is recommended you write to the Directorate prior to the expiration of the period stated above and seek an extension of the prescribed period for providing the information. Please note, Section 141 (4) of the Planning and Development Act 2007 provides that only one such extension may be granted. You are advised that if some or all of the information has not been provided in accordance with this request, Section 142 of the Planning and Development Act 2007 provides that the Directorate may refuse the application under Section 162. This email was automatically generated - please do not respond. If you need to contact the Environment and Sustainable Development Directorate in relation to this proposal please contact Customer Services on (02) 6207 1923 or email [email protected] Customer Services Regulation Services Branch Environment and Sustainable Development Directorate

From: Pankhurst, Owen Sent: Monday, 30 June 2014 6:18 PM To: '[email protected]' <[email protected]>; 'Harry Konstantinou' <[email protected]>; 'Barnes, Deb @ Canberra' <[email protected]> Cc: Chapman, Maggie <[email protected]>; Cilliers, George <[email protected]> Subject: RE: Amendment to Car parking for Nicholls Indoor Sports - Block 14 Section 86 -DA Approval #201222780 Dear John/Harry/Deb Subsequent to the recent discussion with you regarding this DA, Maggie, George and I briefed Jim on the outcomes to date. George asked that I respond to your email. Jim reinforced the need to ensure that the current uses can be maintained and fully viable following the subdivision. He stressed that this included providing sufficient car parking for the golf course during peak use as previously discussed. He did not believe that the temporary car parking on Block 14 shown on the drawing provided to George fully met this need and that some car spaces would be required in the existing car park on Block 11. I note that whilst this is a public golf course, the lease also provides for exclusive use for events such as tournaments and alike. Subject to the provision of a parking study prepared by a suitably qualified Traffic Consultant that demonstrates that car spaces can be provided on Block 11 for the golf course, an amendment to DA No. 201222780 for the indoor recreation facility on Block 14 is not required. The number of car spaces required for the golf course would be determined having regard to the findings of the parking study. The parking study should be submitted as further information under Section 165 of the Act and must address:

1. the number of car spaces on Block 11 that are utilised by the current use of the land, excluding those used for the golf course (only golfers and users of the driving range and practice greens);

2. the number of car spaces required by the golf course for players and spectators at peak use during a tournament;

3. the number of car spaces required for the indoor recreation facility on Block 14 approved subject to DA No. 201222780; and

4. the excess car spaces likely to be available in the car park approved in DA No. 201222780 for use in conjunction with the golf course, driving range and practice greens;

5. a suitable location on Block 14 for any overflow parking for the golf course that may be required.

Depending on the outcome of the parking study and our assessment, Lease Administration has formed the view that it may be appropriate to condition the DA approval to add the use of car park to the proposed lease for Block 11, requiring a number of car spaces for use in conjunction with the use of the golf course on Block 14. Conditioning the DA approval would avoid the need for a further amendment to the current application. Sincerely

Owen Pankhurst Assistant Manager - DA Leasing Lease Administration– Planning Delivery Division Environment & Sustainable Development Directorate Phone: (02) 6207 9055 - Fax: (02) 6207 1856 - Email: [email protected]

From: Cilliers, George Sent: Monday, 30 June 2014 10:58 AM

To: Pankhurst, Owen

Cc: Chapman, Maggie Subject: FW: Amendment to Car parking for Nicholls Indoor Sports - Block 14 Section 86 -DA

Approval #201222780 Importance: High

Owen, e-mail from John Konstantinou as discussed – thanks for responding to him Regards George From: John Konstantinou [mailto:[email protected]]

Sent: Thursday, 26 June 2014 1:37 PM To: Cilliers, George

Subject: Amendment to Car parking for Nicholls Indoor Sports - Block 14 Section 86 -DA Approval

#201222780 Importance: High

Hi George Further to our discussion yesterday regarding Gold Creek Country Club, are you able to advise if we were to lodge an amendment to the plan to add additional ‘treated grass’ overflow around the rear of the building for around 30 vehicles, if needed) whether this could simply be reviewed and approved without going to public notification etc. The reason for grassed area is that it is for overflow usage and having the correct foundations to protect the grass if and when the car parking is used we believe is more appropriate than creating hard standing surface that may not be used. Happy to add any screening as considered by yourself, as noted this is considered overflow, as requested by Jim in the MRPG discussions Sue and Maggie had with him. What we are doing is trying to give satisfaction to Jim to approve the subdivision (split off the crown lease of Block 11) from the remainder of the course. His concern was that there is not enough parking should there be a major competition (which these are as we told Sue and Maggie held at Royal Canberra, a closed private course and not at our Public Course.) He was also concerned that in the event of general use that if all the car parking is taken up servicing block 14 golf course players it would leave existing tenants unable to have customers as they could not find parking.

Physically nothing will be changing, these are just his ‘what if’ concerns… at the moment there is more than adequate for any major events (corporate days are our largest events and these work in conjunction with other facilities, tenancies on site anyway). What we want to do is lodge an amendment showing the capacity to satisfy his concerns so he can approve the sub division. After the sub division there will be a units title introduced (which Sue and Maggie have seen the draft for) which will enable us to sell off the Kids Indoor Place Centre, the Child Care and the Swimming Centre and Gymnasium. As we spoke to Maggie and Sue about in detail, the pro shop (which adjoins block 14 along its boundary) and also the food and beverage facilities which complement the golf facilities will continue to be operated in exactly the same way by the same operator, who runs the golf services as well. We need to do this as part of an agreement with the financial institution as part of its funding approval. If you are happy with this we can get the documents marked-up and lodged as an amendment.. Would you be able to see if the review could be conducted as a matter of priority ? We have had this subdivision in since October last year, and prior to lodging it had several meetings on what we were aiming to achieve and the documents to lodge, and its just blowing out, 9 months later.

Regards

John Konstantinou Director

Dear Mr/s Barnes

Having reviewed the information submitted in response to the Request Notice, the Directorate has decided that the information is insufficient to enable a full assessment of the DA. The following additional information is therefore required to be submitted:


Site Details:













Applicant Name: DebBarnes

Information Required: The submission is not sufficient with regards to information on car parking as set out in the email of the asssessment officer of 30/6/14

Further Information due date:

29/07/2014

You are advised that if some or all of the information has not been provided in accordance with this request, Section 142 of the Planning and Development Act 2007 provides that the Directorate may refuse the application under Section 162.

If you would like to discuss any aspect of this notice, please contact Customer Services on 6207 1923.

This email was automatically generated - please do not respond. If you need to contact the Environment and Sustainable Development Directorate in relation to this proposal please contact Customer Services on (02) 6207 1923 or email [email protected]

Customer Services Regulation Services Branch Environment and Sustainable Development Directorate

Planning and Development Act 2007 - Section 141 – Further Information

07/07/2014

ADMINISTRATION CHECKLIST - S141 FURTHER INFORMATION

Application Number: 201324434-S141E

Block/s: 1 Section: 163 Division: NICHOLLS

eDevelopment


Click on ‘My Work List’ and click on the DA which should have the status of ‘Waiting for Sufficiency Check’ (current DA Officer will be listed in note book)

or find the DA and allocate to yourself for processing (before you allocate to yourself note down current DA Officer).

Objective

Check orientation and rename all plans and documents if necessary

Move plans to the ‘Plans’ folder and move the documents to the ‘Supporting Docs’ folder

Email

Send the Sufficiency email and a reference for the ‘Application Lodged’ folder, to the case officer and save into the ‘Assessment’ folder

(save as ‘YYYYMMDD-SUFFICIENCY CHECK FOR DA201XXXXXX-S141X-B/S/SUBURB-01’)

Save the return email from the Assessing officer as above into the ‘Assessment’ folder eDevelopment

Allocate the DA back to the current Assessment Officer – (refer to listing in note book). ANGELINA 7/7/14

Dear Mr/s Barnes

You have successfully completed the first step in the electronic development application (eDA) process. Please resubmit plans and supporting documents to the Directorate.

DA Number: 201324434 S144B

Site Details:

Block:2, Section:85 Suburb:NICHOLLS, District:GUNGAHLIN













Please note that ESDD will not begin reviewing your application until all required attachments have been submitted.

This email was automatically generated - please do not respond. If you need to contact the Environment and Sustainable Development Directorate in relation to this proposal please contact Customer Services on (02) 6207 1923 or email [email protected]


Dear Mr/s Barnes

An initial review of your application to amend the development application has been completed and the Directorate has decided to amend the development application under S144 of the Planning and Development Act 2007. Please note, if your application has a $0 total fee, no action is required and you are advised to keep this notice for your records.

Please visit the payment website as detailed below to pay the total fees payable. Once payment has been received your DA will be formally lodged.

DA Number: 201324434 S144B

Site Details:

Block: , District:

Block: , District:

Block: , District:

Block: , District:

Block: , District:

Block: , District:

Block: , District:

Block: , District:

Block: , District:

Block: , District:

Block: , District:

Block: , District: Applicant Name: Deb Barnes

Fees Payable:

Completeness Check Fee $0 (includes GST) Development Fee $651.5 Crown Lease Variation $0 Public Notification $1025.3 Lease Search $0 (includes GST) Home Business Fee $0 TOTAL FEES $1676.8

Payments Site: https://forms.act.gov.au/smartform/public/FormServer?formId=1007

Alternatively, fees can also be paid by credit card on (02) 62071923 or by coming to the Environment and Sustainable Development Customer Services Centre at 16 Challis Street Dickson. The Customer Services Centre is open from 8.30am to 4.30pm Monday to Friday (excluding public holidays). IMPORTANT CHANGE TO DA LODGEMENT REQUIREMENTS From Monday 3 January 2012 the lodgement of development applications and associated processes (amendments, further information, satisfying conditions of approval etc) will no longer be accepted over the counter at the Dickson Customer Service Centre or via post or email. Applications will only be accepted via the eDevelopment (eDA) portal. For more information about eDA please log onto the ESDD website at http://www.environment.act.gov.au, go to the Environment and

Sustainable Development Directorate link, then follow the link to the eDevelopment page. This email was automatically generated - please do not respond. If you need to contact the Environment and Sustainable Development Directorate in relation to this proposal please contact Customer Services on (02) 6207 1923 or email [email protected]


Dear Mr/s Barnes

The Directorate has received full payment for your S144 amendment. Your application is now lodged and will proceed to the next stage in the process.

DA Number: 201324434 S144B Site Details:

Block:2, Section: 85 Suburb: NICHOLLS, District:GUNGAHLIN













This email was automatically generated - please do not respond. If you need to contact the Environment and Sustainable Development Directorate in relation to this proposal please contact Customer Services on (02) 6207 1923 or email [email protected] Customer Services Regulation Services Branch Environment and Sustainable Development Directorate

Planning and Development Act 2007 - SECTION 144 – Amendment to Application

INITIAL CHECKLIST – S144 AMENDMENT

Block 1

Section 163

Suburb NICHOLLS

ORIGINAL DA Number: 201324434-S144B

Documentation - Naming conventions used and plans have been orientated correctly

YES NO

Has the applicant listed all amendments on the DA Form and clearly identified amendments on plans? - Identified each amendment, numbered them, and area on plan clouded where change to occur

YES NO

Has a written statement specifying what elements of the original proposal have been changed?

YES NO

If the application is for residential the applicant is required to have a floor plan both with internal layout and one for the Public Register (no internal walls shown). Has this been provided?

YES NO N/A

Tarquin:

Ensure that the lessee details are correct - Check that the applicant/lessee has not changed from the original DA lodgement form

YES NO

ACTMAPi:

Check that the street address matches the block and section on the form

YES NO

Initial Check Pass Fail

Initial Check Failure Reasons (Add to S144 Lodgement Checklist)

Admin Officer Name please print: Rumana DATE: 14/4/2014

CHECKLIST S144 Amendment Submission

Revision: Page 1 of 3 Classification: Unclassified Template Revision date: 28/06/2013 Version 7 Reference:

ACT Environment and Sustainable Development Directorate

BLOCK/S 1 SECTION 163 SUBURB NICHOLLS

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CUSTOMER SERVICES TO COMPLETE PARTS A & B

Part A: Further information requests INITIAL CHECK BY CUSTOMER SERVICES Pass Fail OFFICER Rumana DATE 16/4/2014 Initial Check Failure Reasons

Resubmission

Accepted? List each failure reason separately

1.

2.

Comments Part B(i): Public Notification Requirements

IF MAJOR NOTIFICATION: Number of additional small signs required is 0

Number of additional large signs required is 0

Part B(ii): Public Notification Wording Customer Services to complete - Insert wording for public notification:

Proposed amendments to DA 201425183 still under consideration – amend shop to be a standalone use on Block 11 Section 86 Nicholls.

Public Notification wording checked by DA officer Public Notification wording checked by DA Leasing officer

Does this amendment require public notification? Major - S155

Checklist S144 Amendment Submission

Page 2 of 3

Part C: Leasing Check (Not Required)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CASE OFFICER TO COMPLETE FROM THIS POINT FORWARD

Part D: DA Case Officer further information requests Case Officer: Owen DATE: 28/4/14

INITIAL CHECK BY DEVELOPMENT ASSESSMENT Pass Fail Case Officer Failure reasons

Resubmission

Accepted? List each failure reason separately

1.

2.

Comments Please include Customer Services and DA Leasing failure reasons to edevelopment if applicable. Referral to DA Leasing required

Part E: General and requirements under Section 144 of the Act Are the amendments applied for substantially the same as the development applied for originally?

Yes

Is this consistent with what was stated by the applicant on the s144 application form? Yes Comment: Will the assessment track for the application change if the application is amended?

Yes

Is this consistent with what was stated by the applicant on the s144 application form? Yes Comment: Public notification wording checked and amended (if required) by DA officer YES If public notification is not required select no under part B(i) Part F: Entity Referrals Refer to Work Instruction – Entity Referrals for guidance. If no entity referrals are required check box Indicate referral requirements by checking appropriate box/es:

Planning and Development Act 2007

Development ApplicationApplication Number: 201324434S144D

Type of Application

The type of application you are applying for is a S144 Amendment

Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address

50 CURRAN DRIVE, NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 7

Development Application Created on 04/14/2014 14:45:32

Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 7


Applicant Details

Email

[email protected]

Phone Number

62322733

Fax Number Mobile Number

Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name

CBRE (V) Pty Limited

Position held / Title

Director CBRE Town Planning

ACN or ABN

15083694357

Lessee (Property Owners) Details

Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

None

First Name

Harry

Surname

Konstantinou

Company Name

Gungahlin Golf Investments Pty Ltd


Director

Australian Company Number (ACN)

116592637

Page 3 of 7


Type of Application

Will the development applied for after the amendment be substantially the same as thedevelopment applied for originally?

Yes

No

Will the assessment track for the application change if the application is amended?

Yes

No

List Amendments Being Satisfied

This S141 amendemnt is in response to an email for a request for further infomation on 14/04/2014 and 03/4/2014,

email extracts below.

In accordance with section S141 of the Planning and Development Act 2007 , before this application can be

determined, the Directorate requires the information below to be lodged by the period stated:


Site Details: Block: 22, Section: 89

Suburb: NICHOLLS, District: GUNGAHLIN

Block: 14, Section: 86






















Please submit the outstanding information referred to in the email request sent to the applicant and Lessees on 3 April

2014.

Page 4 of 7


Below is the extract from the email sent from ESDD to the Lessee on 3 April 2014.

The following matters appear to be outstanding at this point in time:

1. The written supporting document does not recognise that the proposal includes any proposed new uses and

doesn’t address nor demonstrate the suitability of these uses in terms of the relevant codes of the Territory Plan.

i.e. at a number of points it states that facilities for the uses of block 14 such as vehicular access, waste collection and

car parking are not proposed for Block 14 in the future and there are no additional uses other than to create stand-

alone uses where they were previously listed as ‘ancillary’.

These statements do not support the need to demonstrate the subdivision and proposed uses are viable for this block

under a separate Crown lease. It is recommended that these statements be clarified. This is concern is also

reinforced in the following points.

2. An external services plan endorsed in writing by the relevant service providers has not been provided. However,

as noted you have provided:

a) ‘dial before you dig’ plans (including TAMSD and ActewAGL’s hydraulic services) for Block 11 indicating the

separate services for that block,

b) For block 14, a drawing showing stormwater pipes, the location of an existing water tie and an area where sewer

connection may be located in relation to the previously approved development.

c) the general location of an ActewAGL electrical asset on block 14;

d) part of an email (the response only) from Bruce Reid of ActewAGL Water Division indicating water and sewer

connections are possible for block 14.

Whilst the above includes some evidence that separate servicing is possible for block 14, the ‘in principle’ support

from ActewAGL Water Division is the only one provided. TAMSD and ActewAGL Electricity Networks demonstrating

the possibility of future separate servicing of the subdivided blocks for the proposed uses is yet to be provided.

3. The possible future location of the new uses of club, child care centre, hotel, motel, and guesthouse on Block

14 has not been identified as was suggested previously.

4. The traffic study does not mention the proposed new uses of club and child care centre proposed on Block 14,

nor the approved development that has yet to be constructed. The traffic impact of these uses may be subject to the

future advice from our transport specialist. However, the application does not demonstrate that the number of car

spaces required or vehicular access for the proposed new uses can be accommodated on Block 14 in accordance

with the Parking and Vehicular Access General Code.

5. In examining the justification for the current golf course and driving range on block 14 being supported by the

current pro-shop arrangement on block 11, the use of ‘shop’ on Block 11 is proposed to be ancillary to the tennis

courts on that block and so could not be used in conjunction with the golf course on Block 14. Furthermore, the

current proposed units plan indicates the pro-shop as being in a separate unit to the tennis courts which cannot occur

if it is to be an ancillary use to the tennis courts.

This amendment seeks to address the request from ESDD as outlined above.

Entity and/or Referral Requirements

Page 5 of 7


Do the amendments to your proposal impact on entity requirements?

Yes

No

CODE TRACK AMENDMENT APPLICATIONS

Seek entity endorsement of your amendments prior to lodgement of your amendment applicationand submit this with your amendment application

MERIT & IMPACT TRACK AMENDMENT APPLICATIONS

Seek entity endorsement of your amendments prior to lodgement of your amendment applicationand submit this with your amendment application OR

Provide documentation with your amendment application that demonstrates your proposaladdresses entity requirements so it can be referred to the relevant entity by the Authority

Entity Endorsement provided

Documentation provided for referral to Entity

Applicant Declaration

I/we declare that this application is accompanied by all of the required information or documents

that address the relevant rules and/or relevant criteria for it to be considered for approval;

I /we understand that this application will be considered lodged once any relevant application fees

have been paid;

I/we understand that the documentation provided on CD/DVD or via the electronic lodgment

process will be considered to be the relevant documentation associated with this application. All

development application documentation will be made available for public inspection including via

the Internet unless exclusion has been approved;I/we understand that an amendment may be

notified in accordance with the requirements of the Planning and Development Act 2007.

I/we declare that all the information given on this form and its attachments is true and complete;

If signing on behalf of a company, organisation or Government agency: -

I/we the undersigned, declare I/we have the appropriate delegation or authority to sign on behalf of

the company, organisation or Government agency.

I accept the above declarations:

Accept

Acceptance Date

Page 6 of 7


14/04/2014

Page 7 of 7


Dear Mr/s Barnes

You have successfully completed the first step in the electronic development application (eDA) process. Please resubmit plans and supporting documents to the Directorate.

DA Number: 201324434 S144D Site Details:














Please note that ESDD will not begin reviewing your application until all required attachments have been submitted.

This email was automatically generated - please do not respond. If you need to contact the Environment and Sustainable Development Directorate in relation to this proposal please contact Customer Services on (02) 6207 1923 or email [email protected] Customer Services Regulation Services Branch Environment and Sustainable Development Directorate

Planning and Development Act 2007 - SECTION 165 – Satisfying Conditions of Approval

INITIAL CHECKLIST – S165 CONDITIONS OF APPROVAL

Blocks 22 14 1

11 1

11 2

21 5 2 1

24

Section 89 86

163 86

165 88

157 89

156 85

164 89

Suburb NICHOLLS

ORIGINAL DA Number:

201324434-S165F

Ensure that lessee details are correct – Check that the lessee has not changed from the original DA lodgement form

YES NO

Has a Section 165 statement been provided specifying what conditions the documentation or plans are seeking to satisfy? - This information can be placed on the application form

YES NO

If the application is for residential the applicant is required to have a floor plan both with internal layout and one for the Public Register, no internal walls shown. Has this been provided?

YES NO N/A


Initial Check Failure Reasons

ADMINSTRATION CHECKLIST

S165 CONDITIONAL APPROVAL eDevelopment


Click on ‘My Work List’ and click on the S165 application which should have the status of ‘Waiting for Assessment’, or find the DA and allocate to yourself while processing

Objective

The amendment will be automatically created in objective (i.e.S165 folder), and DARTS

Check orientation and rename plans and documents, if required

Save the ‘Initial Checklist’ into the S165 Folder

(save as ‘INITIALCHECKLIST-201XXXXX-S165X-01’)

Move plans to the ‘Plans’ folder and move the documents to the ‘Supporting Docs’ folder (except for the ‘Initial Checklist’)

Intelledox

Create and save the ‘Dispatch Advice Checklist’ to the ‘Decision’ folder

Planning and Development Act 2007 - SECTION 165 – Satisfying Conditions of Approval (save as ‘DISPATCHADVICECHECKLIST-201XXXXX-S165X-01’)

eDevelopment

Allocate the Amendment back to the Assessing Officer for assessment

Processed by: Louise DATE: 10-09-14



Block 22 14 1

11 1

11 2

21 5 2 1

24

Section 89 86

163 86

165 88

157 89

156 85

164 89

Suburb Nicholls

ORIGINAL DA Number:

201324434-S165G


YES NO


YES NO


YES NO N/A







Objective






Intelledox



(save as ‘DISPATCHADVICECHECKLIST-201XXXXX-S165X-01’)

eDevelopment


Processed by: Phonne DATE: 25/9/14



Block 22 14 1

11 1

11 2

21 5 2 1

24

Section 89 86

163 86

165 88

157 89

156 85

164 89

Suburb Nicholls

ORIGINAL DA Number:

201324434-S165H


YES NO


YES NO


YES NO N/A







Objective






Intelledox



eDevelopment


Processed by: Phonne DATE: 3/10/14



Block 1 VARIOUS

Section 163 VARIOUS

Suburb NICHOLLS

ORIGINAL DA Number:

201324434-S165I


YES NO


YES NO


YES NO N/A







Objective






Intelledox


(save as ‘DISPATCHADVICECHECKLIST-201XXXXX-S165X-01’)

eDevelopment


Processed by: ANGELINA DATE: 15/10/14


Development ApplicationApplication Number: 201324434S165J

Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

None

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4



Updated easement plan and overflow parking plan to satisfy conditions of approval





have been paid;











Accept

Acceptance Date

6/11/2014

Page 4 of 4



Development ApplicationApplication Number: 201324434S165K

Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

None

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4



Updated plan showing overflow parking, overland flow easement and other easements.





have been paid;











Accept

Acceptance Date

10/11/2014

Page 4 of 4




Blocks 1 22 14 11 1

11 2

21 5 2 1

24

Section 163 89 86 86

165 88

157 89

156 85

164 89

Suburb NICHOLLS

ORIGINAL DA Number:

201324434-S165L-01


YES NO


YES NO


YES NO N/A







Objective






Intelledox



eDevelopment


Processed by: Louise DATE: 11-11-14


Development ApplicationApplication Number: 201324434

Before Starting

PLEASE NOTE: This wizard will time out if left inactive for a period of more than two hours, afterwhich time you will lose your application and be required to complete a new wizard. It isrecommended you save this session if it is to be left inactive for an extended period of time.

Please ensure that your screen is set to the highest resolution (e.g. 1280 by 1024 pixels) to ensureall content in the wizard is visible.

Type of Application

The type of application you are applying for is a New Application

Are you applying for a:

Development Application

Has a pre-application meeting been held in relation to this proposal?

Yes

Lease/Site Details

Site Number: 1

If your rural property is identified by a Block/Section/Suburb, please select the "Urban" radiobutton.

Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2


Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Page 1 of 10


Site Number: 3


Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4


Urban

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5


Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Site Number: 6


Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7


Urban

Page 2 of 10


Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8


Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9


Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10


Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11


Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Page 3 of 10


Site Number: 12


Urban

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Applicant Details

What type of applicant are you:

Business

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a:

Registered company

Page 4 of 10


Email

Phone Number

62623888


0413833233

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

Mr

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Notice of Decision and Plans

Please specify the delivery method for the return of plans. Unless otherwise specified, your Noticeof Decision and/or plans will be returned via email.

Email

Are you applying for an Estate Development Plan OR Home Business?

No

Zone

Please specify which zone applies to this application (please select one zone only). Please clickhere to access ACTMAPi and locate the zone.

CZ6 Leisure and accommodation zone

If more than one zone is applicable to your application, please specify them below:PRZ2 - Restricted Access Recreation

Development/Precinct Code

Please specify which development code applies to this application.

Commercial Zones Development Code

Page 5 of 10


Please specify all relevant precinct code/s applied to your proposalNicholls precinct code - not relevant

Fully Describe Your Proposal

Please provide a full description of your proposalThis application seeks to subdivide Block 11 Section 86 Nicholls from the remaining blocks which make up the Gold

Creek Golf Course. Lease variations are also sought to both of the resultant leases. Please see the attached Lease

Variation Proposal Report for a full description of the proposal.

Use of the Land

Describe the use of the land or the use of a building or structure on the land. Example: Office,restaurant, and business agency limited to 300m2 gross floor areaThe land is currently operated as a golf course and associated amenities including club, child care and indoor

recreation.

Is the use consistent with the current Crown lease?

Yes

Assessment Track

Please indicate which assessment track applies to this Development Application:

Merit

For more information about which track your development application will be assessed in, pleaseclick here. Please note, the Environment and Sustainable Development Directorate may refuseto accept a development application made in an incorrect assessment track. If the Environmentand Sustainable Development Directorate assesses an application made in the incorrectassessment track it must refuse the application (S.114 (3)).

Type of Development

Please indicate which type of development applies to this development application.

Lease Variation

Does this proposal involve a variation to a Units Plan?

No

Please select a Lease Variation sub type:

Clause Changes

Subdivision

Page 6 of 10


Heritage

Heritage

Is the Heritage item relevant to your proposal?

No

Exclusion from Public Inspection

In accordance with the requirements of Sections 28 and 30 of the Planning and Development Act2007, the ACT Planning and Land Authority must make the details and associated documentsrelevant to a development application available for public inspection.

If you wish to apply to have all or part of this development application excluded from publicinspection, you must meet the requirements of Section 411(5) or 412(1) of the Planning andDevelopment Act 2007

Are you requesting an exclusion from Public Inspection?

No

Conflict of Interest Declaration

Does the applicant or the lessee have any association with the ACT Planning and Land Authoritystaff?

No

NOTE: There are penalties for deliberately giving false and misleading information. The Planningand Land Authority or Minister may revoke an approval if satisfied that the approval was obtainedby fraud or misrepresentation

Applicant/Lessee Declaration

I/we hereby apply for approval to carry out the development described on the land specified in thisapplication; I/we declare that this application is accompanied by all of the required information ordocuments that address the relevant rules and/or relevant criteria for it to be considered forapproval; I/we understand that the information submitted with this application form will undergo adocumentation check prior to the payment of fees and formal lodgement of the application. Furtherinformation may be required prior to the acceptance of the development application by theDirectorate; I /we understand that this application will be considered lodged once the relevantapplication fees have been paid; I/we understand that if during the assessment of thisapplication it is found to have been submitted in the incorrect assessment track the application willbe refused and I/we will not be entitled to a refund or transfer of fees; I/we understand that thedocumentation provided on CD/DVD or via the electronic lodgment process will be considered tobe the relevant documentation associated with this application. All development applicationdocumentation will be made available for public inspection including via the Internet unless

Page 7 of 10


exclusion has been approved; If the time for deciding the application (prescribed period) hasended and a decision has not been reached I/we understand that the application will be deemedrefused and the Environment and Sustainable Development Directorate will not provide writtenadvice of this decision. I/we also understand that the Environment and Sustainable DevelopmentDirectorate is able to still consider the application and make a decision after the expiration of theprescribed period; I/we hereby authorise the Environment and Sustainable DevelopmentDirectorate its servants and agents to erect sign/s on the subject property(s) as required andauthorise ACT Government officers to access the subject property(s) for the purpose of evaluatingthe proposal(including the inspection of driveways and trees); I/we(lessee) appoint the applicantwhose signature appears in the attached letter of appointment to act on my/our behalf in relation tothis Development Application. This authorises the applicant to pay all application fees, bonds andsecurities, liaise with the Environment and Sustainable Development Directorate when required,alter, amend or provide further information as necessary and receive any communications relatingto this Development Application; I/we declare that information relating to utility standards, accessprovisions and asset clearance zones has been sought from the relevant utility providers and thisdevelopment application has been prepared in accordance with their requirements; I understandthat costs associated with the relocation of any engineering services (light poles, storm water,sumps etc) will be at my expense and that I will indemnify the ACT Government, its servants andagents against any claims arising during the relocation of these services; I understand thatconstruction of any driveway associated with this application may not commence until thecontractor has received endorsement by the relevant government entity; I understand that aCertificate of Design Acceptance and a Road Opening Permit and Temporary Management Planmust be obtained from the relevant government agencies prior to the start of construction works;I/we declare that all the information given on this form and its attachments is true and complete;If lodging on behalf of a company, organisation or Government agency: - I/we declare I/wehave the appropriate delegation or authority to sign on behalf of the company, organisation orGovernment agency; I declare that I am the person shown in this eDA form as the Applicant, andby clicking the ACCEPT button below I understand that this replaces my requirement to sign ahard copy of this application.

I accept the above declarations

Accept

Acceptance date

25 Oct 2013

Before Submitting

You have almost completed the first stage of your Development Application/Pre-Applicationrequest. PLEASE ENSURE YOUR WIZARD SESSION IS SAVED BEFORE PROCEEDING.This will enable you to resume your session in the event of a system outage or other interuption.

When you click on Finish below, you will be navigated to a new page which will enable you toupload any associated plans/documents prior to submitting to ACTPLA for review.

Development applications (DAs) can be delayed unnecessarily because ACTPLA does not haveall the information it needs to undertake an assessment and make a decision.

Page 8 of 10


To avoid delays ensure all required sections of the wizard are answered correctly and all requireddocumentation is uploaded. In particular:

1. A signed appointment letter from all lessee's must be provided if works are to performed on theverge, a signed endorsement letter must be provided by the relevant Government Custodian;

2. Public register plans for residential applications are included;

3. You MUST include a statement against the criteria for development applications that will beassessed in the Merit track

If you are still not sure how to proceed or want to ensure you have everything you need for yourapplication, you can visit the ACTPLA Customer Service Centre, 16 Challis Street, Dickson, or callus on 6207 1923 and ask to speak with a technical officer.

Privacy Notice

The personal information on this form is being collected to enable processing of your application.Collection of personal information is authorised by Chapters 7, 8 and 9 of the Planning andDevelopment Act 2007. The information that you provide may be disclosed to the ACT RevenueOffice and the Registrar-General’s Office. The information may be accessed by other governmentagencies, ACTEWAGL, ACTEW Corporation and other commercial organisations interested indevelopment and building information. The Planning and Development Act 2007 requires thedetails of applications, decisions and orders to be kept on a register and made available for publicinspection. Information and documentation relevant to a development application may be madeavailable via the Internet.

Does the Commonwealth Environment Protection and Biodiversity Conservation Act 1999(EPBC) affect your proposal?

The EPBC came into operation on 16 July 2000. It establishes an environmental assessment andapproval system that is separate and distinct from the ACT system. It does not affect the validity ofACT development assessment and approval processes, but may affect the assessment track. TheACT cannot provide preliminary advice on whether a proposal falls within the definition of acontrolled action, or requires referral to the Commonwealth. You should consult with theCommonwealth to determine if your proposal is a controlled action before seeking any approvalsunder the Planning and Development Act 2007. For information about the EPBC, including thereferral process and when a referral should be made, contact: the Department of Sustainability,Environment, Water, Population and Communities, GPO Box 787, CANBERRA ACT 2601Telephone: 62741111

Contact Details:

ACT Planning and Land AuthorityCustomer Service CentreGPO Box 1908, Canberra City 260116 Challis Street, Dickson ACT 2602Business Hours: 8.30am to 4.30pm weekdays (excluding Public Holidays)

Page 9 of 10


Phone: (02) 6207 1923Fax: (02) 6207 1925TTY: (02) 6207 2622Email: [email protected]: www.actpla.act.gov.au

Page 10 of 10




Type of Application

The type of application you are applying for is Further Information - S141

Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

City

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0413833233

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

Mr

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4


Describe the Additional Information Being Provided

Further inforamtion as requested on 31 January 2014



as requested by the ACT Planning and Land Authority in accordance with Section 141 of the

Planning and Development Act 2007;

I/we understand that the documentation provided via the electronic lodgment process will be

considered to be the relevant documentation associated with this application. All development

application documentation will be made available for public inspection including via the Internet

unless exclusion has been approved;


I declare that I am the person shown in this eDA form as the Applicant, and by clicking the

ACCEPT button below I understand that this replaces my requirement to sign a hard copy of this

application.


Accept

Acceptance Date

7/03/2014

Page 4 of 4




Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

City

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

Mr

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4



The information provided in this application is as follows;

* Traffic impacts

* Actew Water letter

* Existing Electricity Bill

* Site plan

* Course layout

* Further information cover letter

For further information please refer to the documenation and proposal provided in this application.












application.


Accept

Acceptance Date

14/04/2014

Page 4 of 4




Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

City

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

Mr

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4



Documents in relation to parking to address further information request from 1 July 2014.












application.


Accept

Acceptance Date

3/07/2014

Page 4 of 4



Development ApplicationApplication Number: 201324434S144B

Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 5


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 5


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

None

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 5


Type of Application

Will the development applied for after the amendment be substantially the same as thedevelopment applied for originally?

Yes

No

Will the assessment track for the application change if the application is amended?

Yes

No


1. To amend the error made in the original Development application in the Lease variation proposal report, regarding

the downgrade of shop to ancillary. Please refer to the cover letter for the full description of the amendment.

Entity and/or Referral Requirements

Do the amendments to your proposal impact on entity requirements?

Yes

No





have been paid;











Page 4 of 5


Accept

Acceptance Date

14/04/2014

Page 5 of 5



Development ApplicationApplication Number: 201324434S165F

Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

None

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4



Submitting hydrological study, parking plan and easement plans in relation to the further information condition of

approval A1.





have been paid;











Accept

Acceptance Date

5/09/2014

Page 4 of 4



Development ApplicationApplication Number: 201324434S165G

Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

None

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4



1. PLease see the attached plan that shows 116 car spaces despite the NOD asking for 100.





have been paid;











Accept

Acceptance Date

23/09/2014

Page 4 of 4



Development ApplicationApplication Number: 201324434S165H

Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

None

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4



Providing parking information to satisfy conditions of approval.





have been paid;











Accept

Acceptance Date

2/10/2014

Page 4 of 4



Development ApplicationApplication Number: 201324434S165I

Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

None

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4



Parking plan and overflow parking plan





have been paid;











Accept

Acceptance Date

13/10/2014

Page 4 of 4



Development ApplicationApplication Number: 201324434S165L

Type of Application


Lease/Site Details

Site Number: 1

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

22

Unit Number

Site Number: 2

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

86

Block Number

14

Unit Number

Site Number: 3

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

163

Block Number

1

Unit Number

Site Number: 4

Street Address


Suburb

NICHOLLS

Section

86

Block Number

11

Unit Number

Site Number: 5

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

165

Block Number

1

Unit Number

Page 1 of 4


Site Number: 6

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

88

Block Number

11

Unit Number

Site Number: 7

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

157

Block Number

2

Unit Number

Site Number: 8

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

21

Unit Number

Site Number: 9

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

156

Block Number

5

Unit Number

Site Number: 10

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

85

Block Number

2

Unit Number

Site Number: 11

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

164

Block Number

1

Unit Number

Site Number: 12

Street Address

NICHOLLS

Suburb

NICHOLLS

Section

89

Block Number

24

Unit Number

Page 2 of 4


Applicant Details

Email

[email protected]

Phone Number

62322733


Suburb

Canberra

State/Territory

ACT

Postcode

2601

Country

Australia

Postal Address 3

Postal Address 1

GPO Box 1987

Postal Address 2

Salutation

None

First Name

Deb

Surname

Barnes

Company Name




ACN or ABN

15083694357


Lessee Number: 1

Is the Lessee a

Company

Email

Phone Number

62623888


0412209491

Suburb

Mitchell

State/Territory

ACT

Postcode

2612

Country

Postal Address 3

Postal Address 1

PO Box 1

Postal Address 2

Salutation

None

First Name

Harry

Surname

Konstantinou

Company Name



Director


116592637

Page 3 of 4



Updated plan indicating access easements, overland flow easement and overflow parking





have been paid;











Accept

Acceptance Date

10/11/2014

Page 4 of 4


1 December 2009 Page 2 of 2

(a) subject to paragraph 2(b), ACTEW and ActewAGL and the officers, employees and agents of each accept no responsibility or liability for any loss, damage, liability, cost, expense, claim or proceeding of whatever nature and howsoever arising, incurred by or awarded against the Applicant or its officers, employees, agents, contractors or subcontractors, arising out of, connected with or as a consequence of use of the Asset Plans or any inaccuracies in the Asset Plans;

(b) where: i. an ActewAGL representative has, at the Applicants request, attended the work site to mark the location of

Assets prior to commencement of any works on the work site, and ii. the ActewAGL representative has been proven to be negligent in marking the Asset location

then ACTEW and ActewAGL‟s liability, and the liability of the officers, employees and agents of each, is limited, at ACTEW / ActewAGL‟s option, to re-attending the work site to re-mark the Asset location or paying the costs of having a third party attend the work site to re-mark the Asset location.

3. Electricity cables to be treated as LIVE ALL electricity cables and conductors identified on the attached Asset Plans, including those marked as „Abandoned‟, MUST be treated as „LIVE‟ and dangerous until such time that they are tested and proven to be „DE-ENERGISED‟. ActewAGL recommends that cables identified as „Abandoned‟ and which may be impacted, severed, damaged and/or removed by excavation works be proven „DE-ENERGISED‟ and safe before commencing full-scale excavations. 4. Location of Assets may change Assets may be moved, or additional Assets may be installed at any time. Persons using the attached Asset Plans are advised to be alert for changed locations or new installations performed after the Issue Date. If work extends for a period of 3 months beyond the Issue Date, a new application must be made to ActewAGL for up to date Asset location advice. 5. Work to be undertaken without interference or damage to assets Any work undertaken near Assets, including without limitation excavation, structures, material storage, heavy vehicle parking, blasting or change of surface level, must be performed in a way that does not interfere with the reliability of, or access to ACTEW or ActewAGL Assets, including electricity lines or plant. Persons excavating are required to exercise care if Assets are indicated on Asset Plans and will be held responsible for any damage caused through failure to exercise such care. ACTEW or ActewAGL (as applicable) will pursue the person responsible for causing the damage or interference to their Assets to recover costs and expenses incurred in remedying such damage or interference. 6. Asset location marking You may request an ActewAGL representative to visit the work site to mark the approximate location of Assets by calling 02 6293 5770 between 7:30 am and 4 pm. ActewAGL recommends that a site visit be conducted before commencing any works near Assets. Appointments will be accepted only if the Asset Location Information Sequence Number is supplied. The location and marking of Assets will not take place unless the Asset Location Advice and attached Asset Plans are at the work site. ActewAGL does not charge for these site visits. Alternatively, the Applicant may wish to engage a private underground Asset locator, at the Applicant‟s expense. NB: Arranging for marking of approximate Asset locations by either an ActewAGL representative or private underground asset locator will not relieve the Applicant and persons working on their behalf of responsibility to exercise care when working near ActewAGL / ACTEW Assets or for any damage they cause to ActewAGL / ACTEW Assets while performing works. 7. Underground Assets must be located by potholing Potholing or other non-destructive techniques must be used until underground Assets are located. When located excavation may commence provided that persons carrying out the excavation work must follow ActewAGL‟s recommended specifications concerning minimum safety distances when excavating within the vicinity of ACTEW or ActewAGL‟s networks. 8. Water mains 450mm or greater Excavation of water mains 450 mm or greater must be done by ActewAGL Water Division at the Applicant‟s expense. To arrange please call ActewAGL Water Division‟s Technical Enquiry Line 6248 3555 (press 2 for water) during business hours. In an emergency call 13 11 93. 9. Substation Earthing Conductors The information does not include details of substation earthing conductors that are usually installed within the vicinity of pole and ground mounted substations. General information only can be provided upon request. 10. Indications of the Presence of Cables The presence of cables or conduits may be indicated by the following warning and marking devices

o Letter “E” inscriptions on Kerbs or “Electrical” inscriptions on pit lids o Danger signs on above ground posts, walls etc o Thin Orange "Caution Electrical Cables" Warning Tape o Orange /Black PLASTIC Polymeric slab (3-6mm thick x 200mm wide) o Concrete Bricks or slabs (approx 200mm x 500mm) o Orange PVC or white Asbestos Cement (AC) Conduit or Galvanized Pipe o Cylindrical concrete “ACTEA Electric Cable” markers o Weak Concrete encasement directly around cables / conduits o Texture/ colour change of excavated material (bedding sand, cracker dust, clean fill)

Note that some cables may have been installed without the presence of such marking devices.

THIS DOCUMENT AND ASSOCIATED ASSET PLANS MUST BE KEPT AT THE WORK SITE.

List of Interested Parties

Interested Parties –

NICHOLLS

Blocks 11 & 14 Section 86, Block 2 Section 85, Block 1 Section 163, Block 1 Section 165, Block 11 Section 88, Block 2 Section 157, Block 5 Section 156, Blocks 21, 22 & 24 Section 89 and Block 1 Section 164

Name Address

National Australia Bank Limited

Level 4, 14 Childers Street, Canberra 2600

Attention: Michael Blair – ph 6206 7812 email: [email protected]

Contact Deb Barnes

Director

CBRE Pty Ltd

GPO Box 1987

Canberra 2601

[email protected]

6232 2733

Gold Creek Golf Course Statement Against Relevant Rules and Criteria PREPARED ON BEHALF OF GUNGAHLIN GOLF INVESTMENTS PTY LTD

CBRE | DEB BARNES | MID180193 | OCTOBER 2013 3

CONTENTS

1 PROPERTY INFORMATION ..................................................................................................... 4

2 LEASE VARIATION GENERAL CODE ....................................................................................... 5

3 COMMERCIAL ZONES DEVELOPMENT CODE ....................................................................... 8

4 PARKS AND RECREATION ZONES DEVELOPMENT CODE .................................................... 24



1 PROPERTY INFORMATION

Site Address: 50 Curran Drive, Nicholls

Owner/Lessee Gungahlin Golf Investments Pty Ltd

Proposal:

- Subdivide Block 11 Section 86 Division of Nicholls from the other properties comprising the subject property resulting in two parcels of land (Block 11 Section 86 Nicholls, and the balance being the ‘Golf Course’ land).

- The addition of ‘Child care centre’ and ‘Club’ as stand-alone uses on Block 11 (noting that the existing Crown Lease already allows for these uses on both Blocks 11 and 14 Section 86 Nicholls);

- The deletion of ‘Commercial accommodation use’ from the permitted uses on Block 11 Section 86 Nicholls;

- The addition of ‘Hotel’, ‘Motel’ and ‘Guest house’ as permitted uses for Block 14 Section 86 Nicholls;

Various amendments relating to ‘pass’ and ‘repass’ rights over the two proposed properties to reflect the existing access circumstances for the single title property.

Land Use Policy:

CZ6- Block 11 Section 86

PRZ2 & PRZ1 Block 14 Section 86 & Block 2 Section 85, Block 11 Section 88, TSZ1, CZ6 & PRZ2 Block 1 Section 163, NUZ3 Block 2 Section 157, PRZ1 Block 5 Section 156, TSZ1 & PRZ2 Block 21 Section 89, RZ1 & PRZ2 Block 24 Section 89.

(For the purposes of this application only zoning CZ6 & PRZ2 will be taken into considerations).

Other Relevant Policies Lease Variation General Code



2 LEASE VARIATION GENERAL CODE

Part A- Lease variations in the merit or impact track

Element 1: Variations - General

Rule/Criteria

C1

A lease is varied only where all of the following are achieved:

i) the varied lease is consistent with the Territory Plan including all relevant codes

ii) the land to which the lease applies is suitable for the development or use authorised by the varied lease.

R C

Met. The proposed DA addresses C1 as it achieves consistence with all the relevant codes as outlined throughout this report. The proposed DA is consistent with the Territory plan as is the land is suitable for a varied lease as outline through this report and supporting documentation.

Element 2: Variations to increase rights

Rule/Criteria

C2

A right under a lease is increased only when all of the following are achieved if the additional rights are granted and activated:

i) sufficient car parking provided on site or in the near vicinity

ii) traffic increases within the capacity of local streets adequate

R C

Not applicable – Existing gross floor area in current lease being split between the two new Crown leases.



iii) no unreasonabe increase the level of noise for the occupants of dwellings on the block or on adjoining blocks.

Note: examples of rights are the maximum gross floor area, the maximum floor area allocated to a particular use, building heights.

Element 3-Variations to add uses - general

Rule/Criteria

C3

An additional use is authorised by a lease only when all of the following are achieved if the additional use is granted and activated:

i) sufficient car parking provided on site or in the near vicinity

ii) local streets capable of accommodating any additional traffic

iii) adequate waste management and disposal

iv) not unreasonable level of noise for the occupants of dwellings on the block or on adjoining land

v) not unreasonable risk to occupants of the block through any contamination of the block or on adjoining land

vi) not unreasonable level of odour for the occupants of dwellings on the block or on adjoining land vii) not unreasonable level of light emission for the occupants of dwellings on the block or on adjoining land.

R C

C

Criteria addressed.

The physical layout on the subdivision over the blocks and sections is not proposed to change. Any physical changes proposed to these blocks and sections will be addressed by a design and siting DA.



3 COMMERCIAL ZONES DEVELOPMENT CODE

Part A – General Controls

Element 1: Lease and development conditions

Intent:

1.1 Approved lease and development conditions This rule applies to blocks affected by approved lease and development conditions that provide for one or more of the following matters:

a) plot ratio

b) building envelope

c) building height

d) front street setback

e) side setback

f) rear setback

g) building design

h) materials and finish

i) interface

j) vehicle access

k) parking

l) solar access

m) private open space

R

C

Rule met.

Current use of the land is consistent with the Crown lease. We are not aware of any relevant lease and development conditions. However, there is a relevant DCP 171/96/0017. The subdivision of the block will not be inconsistent with the requirements set out in this document.



n) landscaping

o) water sensitive urban design

Approved lease and development conditions for the matters listed above shall take precedence over the provisions of this code, but only to the extent of any inconsistency.

Element 2: Use

Intent:

2.1 Existing community and recreation sites

R2

A development proposal does not reduce the range of community or recreation facilities available.

R

C

Rule met.

Existing community and recreation uses will not be altered by the proposed subdivision.

Element 3: Buildings

3.1 Building design and materials C3

Buildings achieve all of the following:

a) a contribution to the amenity and character of adjacent public spaces

b) interesting, functional and attractive facades that contribute positively to the streetscape and pedestrian experience

c) minimal reflected sunlight

d) articulated building forms.

R

C Not applicable.

This Development Application proposal is for a subdivision not design and siting. No

alteration to the building design and materials will be affected by this Development

Application.



C4

Buildings are of permanent construction.

R C Not applicable to this Development Application.

3.2 Plant and structures

C5

Plant installations and service structures are integrated with the building design, so they are set back from the building facade and screened from public areas.


3.3 Car parking structures

C6

Car parking structures integrate with the built form of adjacent existing development.

R M Not applicable to this Development Application.

3.4 Materials and finishes C7

Building materials and finishes provide for visual expression and interest. Where extensive glass or solid wall facades are incorporated in buildings:

a) transparency is maximized

b) reflectivity is minimized

c) shadow profiles or visible joint detailing are included

d) visually interesting building elements are applied through the use of elements such as colour, articulation, materials selection, shadows or deep framing profiles

R

C

Not applicable to this Development Application.



3.5 Storage

R8

Outdoor storage areas comply with all of the following:

a) are located behind the building line

b) are screened from view from any road or other public area

c) do not encroach on car-parking areas, driveways, or landscape areas.

R

C Not applicable to this Development Application.

3.6 Wind C9

This criterion applies to buildings with a height of building greater than 19m but less than 28m. The wind patterns associated with the proposed building will not unreasonably reduce the safety and comfort of people in the public realm or other open spaces associated with the development, compared with a similar building on the site with a height of building of 19m. Compliance with this criterion will be demonstrated by a wind assessment report prepared by a suitably qualified person.

R


R10

This rule applies to buildings with a height of building greater than 28m. As a consequence of the proposed development wind speeds do not exceed the following:

a) adjacent main pedestrian areas and routes (as defined in the relevant precinct code) -10m/s

b) all other adjacent streets and public places -16 m/s. Compliance with this rule is demonstrated by a wind assessment report prepared by a suitably qualified person.

R




3.7 Ventilation

R11

This rule applies to buildings used or proposed to be used for one or more of the following:

a) food retail

b) restaurant

All exhaust and ventilation systems are installed and operated to comply with Australian Standard AS1668.1 The Use of Ventilation and Air-conditioning in Buildings.

R


3.8 Shopping arcades and malls – CZ3

R12

This rule applies to CZ3.

Internal shopping arcades or malls are not permitted.

R

M Not applicable. Not located within the CZ3 Zone.

3.9 Supportive housing and residential care accommodation R13

All dwellings for the purposes of supportive housing and/or residential care accommodation are designed to comply with the relevant parts of the Residential Zones – Multi Unit Housing Development Code and the relevant Australian

Standard for Adaptable Housing.




Element 4: Landscaping

3.10 Landscaping C14

Landscaping associated with the development achieves all of the following:

a) response to site attributes, including streetscapes and landscapes of documented heritage significance

b) appropriate scale relative to the road reserve width and building bulk

c) vegetation types and landscaping styles which complement the streetscape

d) integration with parks, reserves and public transport corridors

e) minimal adverse effect on the structure of the proposed buildings or adjoining buildings

f) contribution to energy efficiency and amenity by providing substantial shade in summer, especially to west-facing windows and open car park areas, and admitting

winter sunlight to outdoor and indoor living areas

g) minimal overlooking between buildings

h) satisfies utility maintenance requirements

i) minimises the risk of damage to aboveground and underground utilities

j) screens aboveground utilities

k) provides adequate sight lines for vehicles and pedestrians, especially near street corners and intersections

l) does not obscure or obstruct building entries, paths and driveways to reduce the actual or perceived personal safety and security.

R


C15

Tree planting in and around car parks provides shade and softens the visual impact of parking areas.




3.11 Lighting

R16

External lighting is provided to building frontages, to all pathways, roads, laneways and car-parking areas in accordance with Australian Standard AS1158.3.1 Pedestrian Lighting.

R


R17

All external lighting provided is in accordance with Australian Standard AS4282 - Control of the Obtrusive Effects of Outdoor Lighting.


3.12 Easements

R18

Buildings do not encroach over easements or rights of way.

R

M Not applicable to this Development Application.

Element 5: Access

5.1 Access C19

Driveways and pedestrian entrances to the site are clearly visible from the front boundary.

R


R20

Loading docks or vehicular entries to buildings are not located on frontages to the street.

R




5.2 Traffic Generation

C21

The existing road network can accommodate the amount of traffic that is likely to be generated by the development.

R

C Rule met. The proposed subdivision is not considered to cause increased traffic to the existing road network.

5.3 Service access and delivery

R22

Goods loading and unloading facilities comply with all of the following:

a) are located within the site

b) allow for service vehicles to enter and leave the site in a forward direction

Note: Loading, unloading and associated manoeuvring areas are in addition to minimum parking requirements.

R

M Not relevant

Element 6: Noise

Intent:

a) To promote a high level of amenity.

6.1 Potentially noisy uses R23

This rule applies to any of the following:

a) club

b) drink establishment

c) emergency services facility

d) hotel

e) indoor recreation facility

R

C

Not relevant



f) industry (except light industry)

g) indoor entertainment facility

h) outdoor recreation facility

i) restaurant

Development complies with a noise management plan prepared by a suitably qualified person and endorsed by the Environment Protection Authority (EPA). The noise management plan will detail the proposed design, siting and construction methods that will be employed to ensure compliance with This is a mandatory requirement. There is no applicable criterion.

the Noise Zone Standard as detailed in the Environment Protection Regulation 2005, based on the estimated noise levels when the facility is in use.

Note: A condition of development approval may be imposed to ensure compliance with the endorsed noise management plan.

Element 7: Environment

7.1 Water sensitive urban design R24

This rule applies to sites 5000m2 or larger.

The average annual stormwater pollutant export

is reduced for all of the following:

a) suspended solids by at least 60 per cent

b) total phosphorous by at least 45 per cent

c) total nitrogen by at least 40 per cent compared with an urban catchment with no water quality management controls.

Note: Compliance with this rule is demonstrated by a water sensitive urban design outcomes plan endorsed by a suitably qualified person.

R

C Not relevant



R25

This rule applies to sites 2000m2 or larger.

Stormwater management complies with one of the following:

a) the capacity of the existing pipe (minor) stormwater connection is not exceeded in 1-in-10 year storm event and the capacity of the existing major overland stormwater

system is not exceeded in the 1-in-100 year storm event

b) the 1-in-5 year and 1-in-100 year stormwater peak run off does not exceed pre-development levels.


R

C Not relevant

R26

This rule applies to sites 2,000m2 or larger. Provision is made for one or more of the following:

a) the storage of stormwater equivalent to at least 1.4kl per 100m2 of impervious area, and its release over a period of 1 to 3 days

b) runoff peak flow for the 3 month ARI storm to be no more than pre-development levels and release of captured flow over a period of 1 to 3 days.


Not relevant

R27

Evidence is provided that shows the development achieves a minimum 40% reduction in mains water consumption compared to an equivalent development constructed in 2003 using the ACTPLA on-line assessment tool or another tool as included in the Water Ways: Water Sensitive Urban Design General Code. The 40% target is met without any reliance on landscaping measures to reduce consumption.

This requirement does not apply for extensions with an increase in the combined roof area, driveway, car manoeuvring areas and car parking areas of less than 25% of the original area.

Not relevant



C28

Underground piping of natural stormwater overland flow paths is minimised.

Not relevant

7.2 Earthworks

C29

The extent of earthworks is minimised.

R

C Not relevant

8.3 Tree Protection

R30

This rule applies to a development that has one or more of the following characteristics:

a) requires groundwork within the tree protection zone of a protected tree b) is likely to cause damage to or removal of any protected trees

c) is a declared site.

The authority shall refer the development application to the Conservator or Flora and Fauna.

Note 1: The authority will consider any advice from the Conservator or Flora and Fauna before determining the application.

Note 2: Protected tree and declared site are defined under the Tree Protection Act 2005.

R

M Not relevant

R31

Trees on development sites may be removed only with the prior agreement in writing of the Territory.

R C Not relevant



8.4 Heritage R32

This rule applies to land containing places or objects registered or provisionally registered under section 41 of the Heritage Act 2004. The authority shall refer a development application to the Heritage Council.

Note: The authority will consider any advice from the

Heritage Council before determining the application.

R

C

Not relevant

Element 8: Subdivision

8.1 Subdivision

R33

Subdivision is only permitted where all of the following are met:

a) the subdivision is part of a development application for another assessable development

b) it is demonstrated that any residual block can accommodate another assessable development designed in accordance with the relevant sections of this code.

R

C Rule Met. Variations to the Crown lease purpose for both new Crown leases is considered to be the other ‘assessable development.



Element 9: Demolition

9.1 Statement of endorsement R34

The development application for demolition is accompanied by a statement of endorsement for utilities (including water, sewerage, stormwater, electricity and gas) in accordance with section148 of the Planning and Development Act 2007confirming all of the following:

a) all network infrastructure on or immediately adjacent the site has been identified on the plan

b) all potentially hazardous substances and conditions (associated with or resulting from the demolition process) that may constitute

a risk to utility services have been identified

c) all required network disconnections have been identified and the disconnection works comply with utility requirements

d) all works associated with the demolition comply with and are in accordance with utility asset access and protection requirements.

R

C Not relevant – no demolition proposed.



9.2 Hazardous materials survey

R35

This rule applies to one of the following:

a) the demolition of multi-unit housing (including garages and carports) for which a certificate of occupancy was issued prior to 1985

b) demolition of commercial or industrial premises for which a certificate of occupancy was issued before 2005.

Demolition is undertaken in accordance with hazardous materials survey (including an asbestos survey) endorsed by the Environment Protection Authority. A hazardous materials survey includes, as a minimum, the identification of a disposal site for hazardous materials, including asbestos, that complies with one of the following:

a) is a licensed disposal facility in the ACT

b) another site outside the ACT

If hazardous materials, including asbestos, are to be transported for disposal interstate, approval from the Environment Protection Authority prior to removal of material from the site.

An appropriately licensed contractor is engaged for the removal and transport of all hazardous materials (including asbestos) present at the site.

Note: If an endorsed hazardous materials survey is required but not provided, the application will be referred to the relevant agency in accordance with the requirements of the Planning and Development Act 2007.

R

C Not relevant



Element 10: Neighbourhood plans

10.1 Consideration

C36

Where a Neighbourhood Plan exists, development demonstrates a response to the key strategies of the relevant Neighbourhood Plan.

R

M Not relevant

PART E – Additional controls for CZ6

Element 3: Buildings

17.1 Building design and materials R55

Shops are permitted only where related to the sale of entertainment, accommodation and leisure goods such as specialty items or arts, crafts and souvenirs.

R

C Not relevant

R56

The maximum gross floor area for each shop is 250m2. This rule does not apply to shops selling predominantly one or more of the following:

a) arts

b) crafts

c) souvenirs.

R

C Not relevant



Element 18: Buildings – CZ6

18.1 Number of storeys

R57

The maximum number of storeys is 2.

C57

Buildings achieve all of the following:

a) consistency with the desired character

b) reasonable solar access to dwellings on adjoining residential blocks and their associated private open space

R

C Not relevant

18.2 Setbacks

R58

Minimum boundary setback is 6m.

Note:

This applies to front, side and rear boundaries.

C58

Buildings comply with all of the following:

a) are compatible with the desired character

b) are appropriate to the scale and function of the use

c) minimise detrimental impacts including overshadowing and excessive scale.

R

C Not relevant



4 PARKS AND RECREATION ZONES DEVELOPMENT CODE

Parks and Recreation Zones Development Code

Part A – Zone Specific Controls

Part A provides the detailed development controls for the Transport and Services Zones

Part A(1) - PRZ1 – Urban Open Space Zone not applicable to this DA

Restrictions on Use – This application seeks to subdivide an existing outdoor recreational facility, that, when it was originally approved, met all requirements for R2 and C3. No other rules or criteria are considered relevant.



Part A(2) – PRZ2 – Restricted Access Recreation Element 1 Restrictions on Use

a) To provide for high quality recreation facilities without adverse effects on the amenity of the locality

18.3 Club, Educational Establishment, Guest House, Hotel, Motel R7

Development for these purposes meets one of the following:

a) Is ancillary to the use of the land for recreation purposes

b) The proportion of the land area of any discrete PRZ2 restricted access recreation zone (i.e. not separated by another zone) used for these purposes and associated car parking and other site facilities is a maximum of 15%.

C7

Development for these purposes in the PRZ2 restricted access recreation zone meets all of the following:

a) Does not unreasonably restrict the availability of land in the zone for recreation purposes

b) Is of an appropriate scale and compatible with the recreational purposes of the zone.

R

C The proposed additional use of ‘Hotel’, ‘Motel’ and ‘Guest House’ on Block 14 Section 86 Nicholls is ancillary to the use of land for recreation purposes in this instance being a ‘Golf Course’ and were previously approved uses on Block 11 under the ‘commercial accommodation’ use.

This is not a design and siting application. This DA addressing obtaining the additional uses as mentioned above not a design and siting application.

Element 2: Buildings and Site Controls - not applicable to this DA

Part B – General Development Controls

Element 1: Restrictions on Use - not applicable to this DA



Element 2: Buildings and Site Controls

a) To ensure development is compatible with , and does not adversely impact on, the urban environment

2.1 Subdivision

R13

Subdivision is only permitted where:

a) it is part of a DA for another assessable development

b) it is demonstrated that any residual block can accommodate another assessable development designed in accordance with the relevant section of this Code

Mandatory rule.

R

The proposed subdivision is accompanied with a Lease Variation.

The proposed subdivision for this proposal is to ensure the residual Block 11 is able to support additional uses of ‘Child care centre’ and ‘Club’ as a stand-alone uses through a Lease Variation.



2.2 Demolition R14

In accordance with section 148 of the Planning and Development Act 2007, the application is accompanied by a Statement of Endorsement from utility providers (including Water, Sewerage, Stormwater, Electricity and Gas) stating that:

a) All network infrastructure on or immediately adjacent the site has been identified on the plan

b) All potentially hazardous substances and conditions (associated with or resulting from the demolition process) that may constitute a risk to utility services have been identified

c) All required network disconnections have been identified and the disconnection works comply with utility requirements

d) All works associated with the demolition comply with and are in accordance with utility asset access and protection requirements

C14

If a Statement of Endorsement is not provided the application will be referred to relevant utility provider in accordance with the requirements of the Planning and Development Act 2007.

R

C

Not applicable. No demolition is proposed for this DA.

2.3 National Capital Plan There is no applicable rule.

C15

Where a development is subject to Special Requirements under the National Capital Plan, or any relevant Development Control Plan prepared under the National Capital Plan, the development is not inconsistent with the Special Requirements or Development Control Plan. Where any provision of this code is inconsistent with Special Requirements under the National Capital Plan, or any relevant Development Control Plan prepared under the National Capital Plan, that provision has no effect.

R

C

Not applicable. The block and sections referred to within this DA is only considered under the Municipality of the ACT government.



Element 3: Built Form - not applicable to this DA

Element 4: Parking and Site Access - not applicable to this DA

Element 5: Amenity - not applicable to this DA

Element 6: Environment - not applicable to this DA

Element 7: Services - not applicable to this DA

1

Barnes, Deb @ Canberra

From: Chapman, Maggie <[email protected]>Sent: Tuesday, 3 December 2013 4:02 PMTo: Barnes, Deb @ CanberraCc: [email protected]; [email protected];

Messer, Sue; Pankhurst, OwenSubject: URGENT: Block 11 Section 86 Nicholls DA201324434

Importance: High

Dear Deb As requested, I have further investigated the need for a Noise Management Plan to be submitted with the DA for the proposed lease variations associated with the ‘club’ use on Blocks 11 and 14 Section 86 Nicholls. On Block 14 (that is within the PRZ2 Zone), a Noise Management Plan does not need to accompany the lodgement of the DA for adding the ‘ancillary use’ of ‘club’ to the permitted uses of this block. It is noted however, that Criteria C31 of the Parks and Recreation Zone Development Code requires that an Assessment of Environmental Effects must be submitted with the DA that addresses the potential noise created by the development. On Block 11, the existence of a building used for a club means that the addition of an un‐restricted ‘club’ use does not require a Noise Management Plan to be submitted with the application in accordance with Rule R23 of the Commercial Zones Development Code. However, because this matter will require assessment of the potential impacts of noise, in accordance with the Lease Variation General Code and the required Assessment of Environmental Effects, once the DA is lodged it will be referred to the Environment Protection Authority for comment. It is possible, therefore, that a Noise Management Plan may be required as further information. You should be aware that a further information request may have the effect of delaying assessment of the application. I am aware that Owen Pankhurst has previously requested an Assessment of Environmental Effect to be submitted in support of the DA. I hope this information is of assistance to you. Regards Maggie Maggie Chapman | Senior Manager ‐ Lease Administration Phone 02 6207 1885 | Fax 02 6207 1856 | Mobile 0423 846 087 Planning Delivery Division | ACTPLA | Environment and Sustainable Development | ACT Government Dame Pattie Menzies House, Challis Street, Dickson | GPO Box 158 Canberra ACT 2601 | www.actpla.act.gov.au

2

From: Barnes, Deb @ Canberra [mailto:[email protected]] Sent: Thursday, 21 November 2013 4:56 PM To: Chapman, Maggie Cc: Messer, Sue; Pankhurst, Owen; [email protected]; Harry Konstantinou ([email protected]); John Konstantinou ([email protected]) Subject: FW: Initial Check Failed for Application ID 201324434 Hi Maggie In relation to an application which has been submitted for the Gold Creek Golf Course, Nicholls, we request your advice on the attached request for information prior to an application being accepted for lodgement. Our clients are very frustrated with a process which is being undertaken to allow for a unit title to be lodged in relation to Block 11 Section 86 Nicholls. We have met with Sue Messer and Monica Saad previously to discuss the process required. All of the uses that are being requested are currently uses in the Crown lease, with the exception of Club, which is an ancillary use. In order to proceed with the Unit title, in connection with the subdivision we were advised that all uses would have to be ‘stand alone’ so that a use could be applied to individual units, when the time came. We have received advice from Owen Pankhurst that he is withdrawing the requirement for a noise report for indoor recreation, because it is an existing use. However, he is still insisting on the noise report for the club use, merely because on paper it is to become a stand‐alone use. An assessment of the environmental effects is being prepared and will be submitted along with the other information requested. The preparation of a Noise study for a building and activity that has been there since the site was developed seems to go beyond what should be expected. If, in the future the proposed units plan is cancelled and the whole development is levelled to be turned into one big club, this development will be subject to a further DA and, at that time, we are sure that a noise study would be provided which would support such a use. As we are nearing the cut‐off period for lodgement and notification of DAs, your early response would be appreciated. Regards Deb Deb Barnes| Director CBRE |Town Planning Level 12, 14 Moore Street | Canberra City | ACT 2601 T 61 2 6232 2733 | F 61 2 6232 2740 | M 0407 278 947 [email protected] | www.cbre.com.au Connect with me on LinkedIn Follow CBRE: Facebook | @cbreAustralia | Google+ Please consider the environment before printing this email.

This message and any attachments may be privileged, confidential or proprietary. If you are not the intended recipient of his email or believe that you have received this correspondence in error, please contact the sender through the information provided above and permanently delete this message. From: [email protected] [mailto:[email protected]] Sent: Friday, 8 November 2013 9:30 AM

3

To: Barnes, Deb @ Canberra Subject: Initial Check Failed for Application ID 201324434 Dear Mr/s Barnes

An initial check of your Development Application has been undertaken and the following issues require your attention before the submission can be formally accepted.


Site Details:














Rejection Reasons:

The following information is required prior to the submisson being accepted for lodgement: 1) A Noise Management Plan and Endorsement of the EPA addressing Rule R23 of the Commercial Zones Development Code. Particularly, for the additional primary use of Club and Indoor recreation to be added to the blocks within the CZ6 Zone; and 2) An Assessment of Environmental Effects addressing the relevant provisions of Criterion C31 of the Parks and Recreation Zone Development Code. The following is further information that may be requested once the DA logded: A) details of

4

how the blocks will be separately serviced; B) the location of direct vehicular and pedestrian access easements to the new leased blocks; C) the existing pedestrian access to residential zones; and D) the discharge of over land flow accross the new leased block.

Fees for Completeness Check Failure Notices from July 1, 2013 The following fees are based on how many failure notices are issued during the completeness check process. Any fees payable will be added to the payment advice once the DA is accepted for lodgement.

Initial lodgement Nil One failure notice issued $166.20* Two failure notices issued $497.70* Three failure notices issued $1,161.60* Four failure notices issued $2,488.30*

PLUS a further $1,320.60 for each additional failure notice Note: If a DA is withdrawn and the same or substantially the same proposal is submitted within 3 months, any completeness check failure fees for the original DA submission are payable before the DA will be accepted for lodgement. This email was automatically generated - please do not respond. If you need to contact the Environment and Sustainable Development Directorate in relation to this proposal please contact Customer Services on (02) 6207 1923 or email [email protected]


____________________________________________________________________________ This message and any attachments may be confidential and/or legally privileged. If you received this message in error, please do not copy or distribute it. Instead, please destroy it and notify the sender immediately. To the extent that this email contains information provided to CBRE by other sources, CBRE does not warrant that it is accurate or complete. To the extent that there are opinions or views expressed in this email, they are those of the individual sender and may not necessarily reflect the views of CBRE. CBRE respects your privacy and is bound by the National Privacy Principles. If this email consists of direct marketing material and you would prefer to be removed from this mailing list, please contact our Privacy Officer via phone 61 3 8621 3497, facsimile 61 3 8621 3330 or email [email protected] A copy of our Privacy Policy can be viewed at www.cbre.com.au. Please do not delete or alter this notice.

----------------------------------------------------------------------- This email, and any attachments, may be confidential and also privileged. If you are not the intended recipient, please notify the sender and delete all copies of this transmission along with any attachments immediately. You should not copy or use it for any purpose, nor disclose its contents to any other person. -----------------------------------------------------------------------

Ref: 9391_EAR_P1ESA_20131011.docx

Phase 1

Environmental Site Assessment Gold Creek Country Club 50 Curran Drive Nicholls ACT (Block 11 Section 86, Nicholls)

October 2013

Client: Konstantinou Group PO Box 222 Mitchell ACT 2911

Phase 1 Environmental Site Assessment Gold Creek Country Club

Block 11 Section 86 Nicholls, ACT

Client: KG 9391_EAR_P1ESA_20131011.docx Page 3 of 22

TABLE OF CONTENTS EXECUTIVE SUMMARY .......................................................................................... 5

1 INTRODUCTION ............................................................................................ 6

1.1 OBJECTIVES.................................................................................................. 7 1.2 SCOPE OF WORK .......................................................................................... 7

2 SITE INFORMATION ..................................................................................... 8

2.1 SITE IDENTIFICATION ..................................................................................... 8 2.2 SITE DESCRIPTION ........................................................................................ 8 2.3 SURROUNDING LAND USES ............................................................................ 8 2.4 LAND TITLE SEARCH ...................................................................................... 9 2.5 HISTORICAL AERIAL PHOTOGRAPH REVIEW ................................................... 10 2.6 GROUNDWATER BORE SEARCH .................................................................... 11 2.7 CONTAMINATED LAND SEARCH ..................................................................... 12 2.8 DANGEROUS GOODS AND TRADE WASTE LICENSE SEARCH ............................ 12 2.9 SUMMARY OF PAST ENVIRONMENTAL ASSESSMENTS ..................................... 13

3 TOPOGRAPHY, GEOLOGY AND HYDROGEOLOGY ............................... 14

3.1 TOPOGRAPHY ............................................................................................. 14 3.2 GEOLOGY ................................................................................................... 14 3.3 HYDROGEOLOGY ......................................................................................... 14

4 FIELD OBSERVATIONS ............................................................................. 15

5 AREAS OF ENVIRONMENTAL CONCERN ................................................ 17

5.1 ON-SITE SOURCES OF CONTAMINATION ........................................................ 17 5.2 POTENTIAL OFF-SITE SOURCES OF CONTAMINATION ..................................... 18

6 CONCLUSIONS AND RECOMMENDATIONS ............................................ 19

6.1 CONCLUSIONS ............................................................................................ 19 6.2 RECOMMENDATIONS .................................................................................... 19

7 REFERENCES ............................................................................................. 20

8 STATEMENT OF LIMITATIONS .................................................................. 21

9 ABBREVIATIONS ........................................................................................ 22




TABLES IN TEXT Table A: Site Identification Table B: Surrounding Land Use Table C: Historical Aerial Photograph Review

LIST OF ATTACHMENTS

Report Terms and Conditions

FIGURES Figure 1: Site Location Plan Figure 2: General Site Plan Figure 3: Onsite Areas of Environmental Concern

APPENDICES Appendix A: Historical Title Search Results Appendix B: Aerial Photographs Appendix C: Groundwater Bore Search Results Appendix D: Contaminated Land Register Search Results Appendix E: Dangerous Goods License Search Results Appendix F: Site Photographs




EXECUTIVE SUMMARY

Robson Environmental Pty Ltd (Robson) was engaged by Konstantinou Group (KG) to undertake a Phase 1 Environmental Site Assessment (ESA) of Block 11 Section 86, Nicholls located at 50 Curran Drive, Nicholls, ACT, herein referred to as the site.

Robson understands that KG are seeking subdivision of Block 11 Section 86, Nicholls and require a Phase 1 ESA to assess the site for possible contamination. It is understood that the Phase 1 would be included as supporting documentation for the Development Application (DA) for the subdivision of the site.

Based on the results of the Phase 1 ESA, Robson identified two (2) on-site areas of environmental concern (AECs): AEC 1 – Golf cart storage area which is used to store golf carts and ride-on

lawn mowing equipment. Prior to KG operating the site, an above ground storage tank (AST) was located in the area for the refuelling of golf carts, however this was removed shortly after KG obtained the lease of the site;

AEC 2 – Refuelling facility at the golf pro shop which is an operating AST for the storage of diesel for refuelling golf carts. A designated and purpose built refuelling facility has been constructed and is in good condition. No evidence of significant leaks or spills were observed.

Whilst two (2) AECs were identified, Robson understands that both of these areas are to be used for the purposes described above for the foreseeable future. As there was no evidence of significant contamination and the fact that the activities conducted, if managed appropriately, do not pose an immediate risk to human health or the environment, no further assessment works are warranted at present.

Therefore, based on the results of this Phase 1 ESA, Robson concludes that Block 11 Section 86, Nicholls is suitable for the proposed sub-division and the intended land uses.

THIS REPORT MUST NOT BE REPRODUCED EXCEPT IN FULL AND MUST BE READ IN CONJUNCTION WITH THE REPORT TERMS AND CONDITIONS INCLUDED AFTER THE ABBREVIATIONS SECTION IN THIS REPORT.




1 INTRODUCTION

Robson Environmental Pty Ltd (Robson) was engaged by Konstantinou Group (KG) to undertake a Phase 1 Environmental Site Assessment (ESA) of Block 11 Section 86, Nicholls located at 50 Curran Drive, Nicholls, ACT, herein referred to as the site. A site location plan and a detailed site plan are presented in Figure 1 and Figure 2.

Robson understands that KG is seeking approval to subdivide Block 11 Section 86, Nicholls into two (2) parcels of land. It is proposed to vary the lease purpose clause of the resultant Block 11 Section 86, Nicholls to allow for ‘Child Care Centre’ and ‘Club’ as stand alone uses, although it is noted that the existing Crown Lease already allows for these uses as ‘ancillary’ on Block 11 Section 86, Nicholls. It is understood that the resulting parcel of land would be used for ‘Golf Course’ purposes.

It is understood that a Phase 1 ESA is required to assess the site for possible contamination and that the Phase 1 could be included as supporting documentation for the Development Application (DA) for the subdivision of the site.

Based on review of the ACT Territory Plan, the site is currently zoned as ‘TSZ1: transport’ and ‘CZ6 ‘Leisure Zone’ and has an area of 30,649 square metres (m2). The site comprises of four (4) main buildings which contain multiple commercial land uses including: Restaurant and Cafe / Golf Course Clubhouse; Childcare Centre; Indoor Children’s Playground; Retail Shop (Golf Pro-shop); Indoor Swimming Pool; Tennis Courts; Gymnasium facility.

Street frontage and vehicle access is from Curran Drive located to the north while a car park which services all of the above land uses is located in the centre of the site.

Robson also understands that no additions to the existing land uses are proposed.

This report has been prepared in general accordance with the ACT legislation and ACT Environment Protection Authority (EPA) endorsed guidelines including: ACT Environment Protection Act 1997; ACT EPA (2009) ‘Contaminated Sites – Environment Protection Policy’; ACT Environment and Sustainable Development Directorate (2011)

‘Information Sheet 7 – Guidance for undertaking preliminary contamination investigations for development purposes’;

National Environment Protection Council (NEPC) (1999) ‘National Environment Protection (Assessment of Site Contamination) Measure 1999’ (NEPM);




NSW Office of Environment and Heritage (OEH, 2011) ‘Guidelines for Consultants Reporting on Contaminated Sites’.

1.1 Objectives

The objectives of the Phase 1 ESA were to: Identify past and present potentially contaminating activities formerly

undertaken on the site; Discuss the current condition of the site; Identify potential Areas of Environmental Concern (AEC’s) and the potential

contaminants associated with the AEC’s; Provide a preliminary assessment of site contamination; Assess and make recommendations if (required) regarding the need for further

environmental assessment.

1.2 Scope of Work

The scope of work undertaken for the Phase 1 ESA included the following: A review of publicly available aerial photographs for evidence of potentially

contaminating activities and modifications to site boundaries and operations; A review of historical titles dating back to the deed of grant to assess property

reconfigurations and registered owners / lessees; A search of ACT Government records for information on property zoning,

hazardous materials licenses, environmental controls on the property and other relevant information;

A search of the ACT EPA’s Register of Contaminated Sites and if listed, a description of the contamination issues leading to the listing of the site;

A groundwater bore search of the ACT Environment and Sustainable Development Directorate (ESDD), Water Resource Units database;

A review of regional and local topographical, hydrogeological and geological maps to assess conditions beneath the site and in the surrounding area;

A site walkover to observe site infrastructure and site conditions including identification of potential contaminant sources or potentially contaminated areas;

Preparation of a Phase 1 ESA report, detailing the findings and recommendations of the assessment in accordance with the NSW OEH (2011) ‘Guidelines for Consultants Reporting on Contaminated Sites’ which has been endorsed by the ACT EPA for use in the assessment of contaminated sites in the ACT.




2 SITE INFORMATION

2.1 Site Identification

General Site details are summarised in Table A below.

Table A. Site Identification

Description

Site Location Gold Creek Country Club 50 Curran Drive, Nicholls, ACT.

Name of Site Lessee Konstantinou Group

Client Konstantinou Group Block and Section Block 11 Section 86, Nicholls

Site Zoning According to the ACT Territory Plan which is administered by the ACT Planning and Land Authority (ACTPLA), the site is zoned as ‘TSZ1: Transport’ and ‘CZ: Leisure Zone’.

Site Assessor

Robson Environmental Pty Ltd Unit 1, 140 Gladstone Street Fyshwick ACT 2609

2.2 Site Description

Based on a search of the interactive website www.ACTmapi.act.gov.au (ACTmapi) which is administered by ACT ESDD, the site has an area of approximately 30,649 m2. The site comprises of four (4) buildings which services several commercial businesses and has a central car park facility.

The site is accessed via a roundabout on Curran Drive, where the access road to slopes to the south and into the central car park area. The central car park is sealed predominantly with bitumen, although there is a concrete sealed car park in the northern section of the site to the east of the indoor playground facility, while an unsealed car park is located between the golf pro shop and clubhouse building.

Further description of the condition of the site is presented in results of the site inspection presented in Section 4.

2.3 Surrounding Land Uses

The land uses are summarised in Table B overleaf.




Table B: Surrounding Land Use

Direction from Site

Site Boundaries

North

Commercial: Curran Drive is adjacent to the site while the northern section of the Gold Creek Country Club golf course is on the opposite side of the Curran Drive and located on Block 2 Section 85, Nicholls. The block is zoned as ‘PRZ2: Restricted Access Recreation Zone’ and ‘PRZ1: Urban Open Space’.

East

Residential: Residential dwellings are located adjacent to the site boundary. A townhouse complex is located on Block 9 Section 159, Nicholls which is adjacent to the northeast boundary of the site, while free standing residential dwellings (Blocks 12-15 Section 159, Nicholls) are adjacent to the southeast boundary.

South

Commercial: The southern section of the Gold Creek Country Club golf course which is located on Block 14 Section 86 is adjacent to the site boundary. Block 14 Section 86, Nicholls is zoned as ‘PRZ2: Restricted Access Recreation Zone’ and ‘PRZ1: Urban Open Space’.

West

Commercial: Curran Drive is adjacent to the north section of the west boundary of the site while the northern section of the Gold Creek Country Club golf course extends along the opposite side of the Curran Drive. Adjacent to the southern section of the west boundary is the southern part of the golf course located on Block 14 Section 86, Nicholls.

Potential receptors within a 500 metre (m) radius of the site include residential properties located to the east and west of the site boundary.

A dam is located adjacent to the south boundary of the site which is the nearest surface water body. It is understood that the dam forms a part of the golf course and receives stormwater from a part of Block 11 Section 86, Nicholls.

2.4 Land Title Search

A current and historical land title search was undertaken through the Land Titles section of ACT Registrar General’s Office. Copies of the results of the title searches are provided in Appendix A.

The original lease indicates the site was first leased on 31 May 2006 by the Planning and Land Authority to Gungahlin Golf Investments Pty Ltd. The lease granted Block 11 Section 86 the following uses: Indoor recreation facility including an indoor swimming pool, gymnasium, spa

and sauna; Outdoor recreation facility including two (2) full sized tennis courts; Club including a golf club building, restaurant and ancillary facilities; A shop restricted to the retail and hire of sporting and/or leisure goods; Commercial accommodation unit;




Community use restricted to a child care centre.

In summary, the site has had a relatively short history of use since the lease was granted by the Planning and Land Authority in 2006 and has primarily been used for commercial recreational services.

2.5 Historical Aerial Photograph Review

As part of the desktop study, historical aerial photographs obtained from ACTPLA were reviewed for the years 1961, 1973, 1985, 1995. Aerial photographs from 2004 and 2006, sourced from ACTmapi and aerial photographs sourced from www.NearMaps.com (a commercial website) for 2013, were also reviewed and are summarised in Table C below. Copies of the aerial photographs are presented in Appendix B.

Table C: Historical Aerial Photograph Review

Aerial Photograph Details Description

15 May 1961

Run 3

Site: The land is cleared for agricultural purposes. It is possible that site has been used for improved pasteurisation as tilling of the soil appears to have been undertaken.

Surrounding: The surrounding land to the north, south and west appears to have also been cleared and tilled. An unsealed road is immediately adjacent to the east of the site, while the land on the opposite side of the road appears to be used for agricultural purposes although there is no indication of tilling. Two (2) agricultural dams are located to the south. The Barton Highway is an unsealed road located to the south of the site.

11 March 1973

Run 73C1

Site: No significant changes since 1961 are observed. It is possible that ongoing pasture improvement has occurred.

Surrounding: No significant changes since 1961 with the exception of a new agricultural dam located to the south and possible pasture improvements have been made to the land to the east of the site.

15 February 1985

Run 6

Site: No significant changes since 1973 are observed. Surrounding: The road located adjacent to the east boundary of the site has been sealed. A new building is located approximately 480m west of the site which is accessed via an unsealed road from the Barton Highway.

22 April 1995

Run 6

Site: The site has been disturbed in preparation for construction works, although no buildings are present on the site.

Surrounding: The development of Nicholls is in progress. The Gold Creek Country Club golf course has been constructed and is visible to the north, east and west of the site. Curran Drive has been constructed to the north of the site, while several small buildings in a compound (inferred to be a construction compound) are located to the southeast of the site boundary. No residential




Aerial Photograph Details Description

dwellings are visible to the east of the site as yet.

ACTMapi (2004)

Site: Two (2) buildings (being the main clubhouse building and the golf pro shop) are present on the site. A sealed car park is located in the centre of the site, while the tennis courts are present in the north east corner of the site. Two (2) separate and smaller car parks are also present near the golf pro shop and to the west of the main central car park. An unsealed access road to the east side of the clubhouse building is visible. Surrounding: Residential areas of Nicholls have been established to the north and east of the site. The town house complex has not yet been built and this block (Block 9 Section 159, Nicholls) is vacant. Stockpiles of soil are visible in the centre of Block 9 Section 159.

ACTMapi (2006)

Site: No significant changes since 2004 are observed.

Surrounding: The townhouse complex on Block 9 Section 159, Nicholls has been constructed. Other than this, no other significant changes surrounding the site are observed.

Near Maps (May 2013)

Site: Two new buildings (being the children’s daycare centre and indoor playground facility have been constructed. A new concrete car parking facility has been constructed in the northwest corner of the site (adjacent to the indoor playground), while an unsealed car park has been established to the east of the golf pro shop.

Surrounding: No other significant changes surrounding the site are observed.

In summary, the aerial photographs show that the suburb of Nicholls was developed around 1995, where the Gold Creek Country Club was one of the earliest developments in the area. Prior to the establishment of Nicholls, the region was used for agricultural purposes (most likely grazing of stock).

Since being established in the mid 1990’s the site has not changed until a period of time between 2006 and 2013 where additional buildings (being the child care centre and indoor playground facility) are constructed. A review of the detailed aerial photographs on Near Maps indicates that the child care centre was constructed prior to 2010, while construction of the indoor playground facility is visible in throughout 2011.

2.6 Groundwater Bore Search

A groundwater bore search was undertaken through the Water Resources Unit of the ESDD. The purpose of the search was to document the depth and quality of the local groundwater system underlying the site so that the potential impact of site derived contaminants (if any) on the groundwater may be assessed.

The search included a review of groundwater bores within a one (1) kilometre (km) radius of the site. Two (2) privately managed bores registered under the Water




Resources Act 2007 identified as bore numbers 53 and 166 which are located within the search area (refer to Appendix C). Bore 53 is located approximately 1 km southeast of the site. The bore appears to be associated with a surface water dam. Information provided by the Water Resources Unit indicates that the bore was constructed on 12 March 2003 and has a total depth of 73 m, while the static water level is approximately 2 m.

Bore 166 is located approximately 650 m south of the site. The purpose of this bore is unclear and no further details regarding date of construction, depth to water or water quality were available from the Water Resources Unit.

2.7 Contaminated Land Search

A contaminated land register search was conducted through the EPA. In summary, the EPA has not issued any environment protection orders under sections 91C (1), 91D (1) or 125 (4) of the Environment Protection Act 1997 and as a result the site is not currently recorded on the Register of Contaminated Sites under section 21 (A) of the Environment Protection Act 1997.

However, the site is recorded on the EPA’s contaminated sites management database and geographical information system and that records indicate that hazardous materials in the form of fuel is being stored in an underground fuel storage tank located at the site. The ANZECC (1992) ‘Guidelines for the Assessment and Management of Contaminated Sites’ and the ACT EPA (2009) ‘Contaminated Sites - Environment Protection Policy’ list fuel storage as activities that may be associated with land contamination which could pose a risk to human health and the environment.

The EPA also notes that there are specific requirements in the ACT for the abandonment and assessment of sites containing fuel storage tanks that are no longer in use or impacts on human health or the environment are identified. Results of the search are shown in Appendix D.

At present the EPA has no information on contamination of the site other than that provided above. However, it does not rule out the possibility of contamination generated from the previous site use or other sources.

2.8 Dangerous Goods and Trade Waste License Search

The results of the search of the Dangerous Substances Register returned a copy of the current registration of a 4,000 L flammable liquids tank. The registration date was 23 March 2012, while the expiry date for the registration is 23 March 2014.

A copy of the historical data for the site was attached as a screen shot which indicated the presence of a 4,500 L above ground storage tank (AST) used to store petrol and a package store that could contain 250 L of unleaded petrol. It was noted that the screenshot indicated that the license for this tank was first issued on 13 November 1996 and had an expiry date of 20 December 2001.

The results of the dangerous goods search note that under the Dangerous Goods Act 1975 (1975 to April 2004), tanks of 50,000 L which contained diesel were not




required to be licensed with Work Cover, only if the capacity was 50,001 L and above.

A copy of the dangerous goods search is presented in Appendix E.

2.9 Summary of Past Environmental Assessments

One environmental assessment report was made available to Robson by KG. The report was prepared by GHD Pty Ltd for the Land Development Agency in February 2005 and was titled ‘Gold Creek Country Club Maintenance Depot, Phase 1 and 2 Contamination Assessment’ (GHD reference 23/11171/30496). The maintenance depot was located on Block 1 Section 157, Nicholls (which is now designated Block 2 Section 157, Nicholls) which is located approximately 1.1 km south of the site and hence unlikely to have any impact on the site.




3 TOPOGRAPHY, GEOLOGY AND HYDROGEOLOGY

3.1 Topography

Reference to the Land and Property Information New South Wales (2003) 1:25,000 scale Topographic & Orthophoto Map Sheet ‘Hall 8727-S4’ indicates that the site is at an elevation of approximately 630 m to 640 m above Australian Height Datum (mAHD) at the southeast base of Harcourt Hill. The site generally slopes gently to the south, although shaping of the landscape during the construction of the golf course has resulted in some areas having an undulating surface topography.

The nearest major water body is Gungahlin Pond and Ginninderra Creek which are located approximately 1.6 km to the southeast of the site.

3.2 Geology

Reference to the Bureau of Mineral Resources, Geology and Geophysics (1992) 1:100,000 scale Geological Series Sheet ‘Canberra 8727’, indicates that the site is likely to be underlain Early Silurian aged rocks associated with the Hawkins Volcanic Suite and consist of an unfoliated green-grey dacite porphyry.

3.3 Hydrogeology

Reference to the Bureau of Mineral Resources, Geology and Geophysics (1984) 1:100,000 scale map of the ‘Hydrogeology of the Australian Capital Territory and Environs’, indicates that the water bearing units underlying the site exist within fractured hydrogeological units of late Late Silurian age comprised of granite, granodiorite, adamellite, leucogranite, quartz porphyry and tonalite.

The yield can be expected to be between 0.5 litres per second (L/s) and 1.0 L/s although higher yielding areas may occur due to geological features such as dykes, faults, xenolithic bodies and widely spaced jointing. The quality of the groundwater is indicated to be good with a total dissolved solid (TDS) content of less than (<) 500 milligrams per litre (mg/L).

The direction of groundwater flow is uncertain but it is expected to follow the natural regional topographic gradient towards the south of the site.




4 FIELD OBSERVATIONS

A suitably qualified and experienced Robson environmental scientist undertook a site walkover on 18 September 2013. Photographs of the site are included in Appendix F. At the time of the site walkover the following infrastructure and materials were observed on site, the locations of these features are shown on Figures 2 and Figure 3:

The site was well maintained with neat landscaped gardens and vegetation appeared health with no indicators of stress;

Four (4) buildings were present on the site which included the following: The golf pro shop which is a retail store located along the southwest

boundary of the site; The indoor play centre, located along the north boundary of the site; The child care centre, located along the east boundary of the site; The main club house which contains an indoor swimming pool,

gymnasium, restaurant and cafe which is located adjacent to the child care centre along the east boundary of the site;

A chemical store for the swimming pool was located along the east wall of club house building. Access into the store was not available however it was understood that dry chemicals were present in the store for maintenance of the swimming pool;

A small storage area behind the restaurant kitchen had an operating grease trap. It was understood that the grease trap was maintained and cleaned as required;

A detached building located on the southeast corner of the main club house building was used for the storage of golf carts and ride-on lawn mowers. The floor of the building was concrete which was in fair condition with some small cracks visible. Oil stains indicative of minor leaks from the golf carts were also present on the concrete;

Adjacent to the golf cart storage building was a small courtyard used for the storage of miscellaneous items such as spare parts for golf carts. An AST which was understood to have been removed around 2006 used to be located in the eastern section of the courtyard. The AST had been stored on a concrete slab with concrete bunding around the perimeter of the slab. No evidence of spills or leaks were noted in the vicinity of the former AST;

Approximately ten (10) used oil filters were observed outside the south wall of the golf cart storage building. Minor oil staining was observed on the ground surface which was exposed soil;

A locked shipping container was located along the east wall of the golf cart storage building. The contents of the container were not known;

Gym equipment was stored on a concrete surface located along the east wall of the main club house building. Three (3) white 200 L plastic drums where also stored on the concrete. The drums were empty and labelled as containing sodium perchlorate. No evidence of leaking was noted;




The site has three (3) distinguishable car parking facilities: The first is located in the centre of the site and was sealed with

bitumen. The surface of the car park was in reasonably good condition with little or no visible cracks or indicators of wear. Surface water flow from the car park would be diverted to stormwater via concrete guttering and drains;

The second car park is located in the northern section of the site and is located to the west of the indoor playground facility. The northern section of this car park was sealed with concrete which was observed to be in good condition, while the southern section of the car park was sealed with bitumen. Surface water flow would be diverted to stormwater via concrete guttering and drains to the south;

The third car park was an unsealed car park located to the east of the golf pro shop. The surface was covered with gravel and appeared to be in reasonably good condition with no significant oil stains visible. No stormwater controls were observed around the unsealed car park.

The golf pro shop had a golf cart storage area and re-fuelling bay for golf carts; The refuelling facility was covered and consisted of a self bunded tank with a

capacity of 4,000 L. A fuel nozzle attachment and vent pipe were attached to the AST. The ground around the golf cart refuelling area was sealed with concrete with a mounded concrete containment bund to prevent the escape of fuel in the event of a minor leak or spill. The concrete surface was clean and there was no evidence of any leaks or spills. The AST was clean and appeared to be well maintained;

Apart from the observations above no other obvious visual or olfactory indications of contamination were observed on the site.




5 AREAS OF ENVIRONMENTAL CONCERN

5.1 On-Site Sources of Contamination

Based on the review of aerial photographs, publicly available information, and site observations it is considered that there are three (3) potential areas of environmental concern (AEC), the locations of which are shown on Figure 3. The on-site AECs are considered to be relatively minor and are discussed further below.

Aerial photographs indicated a large amount of soil disturbance during the construction of the golf course in the mid 1990’s. However, no areas where significant volumes of imported fill material may have been placed on the site were observed during the site walkover. Therefore the likelihood of imported fill material being present on the site is considered to be a low, as is the risk of contamination from this potential source (if it was found to be present) due to the period in which construction of the site occurred.

AEC 1. Golf Cart Storage Area

The golf cart storage area had once been used for refuelling purposes prior to KG operating the site and as such, an AST was located adjacent to the north wall of the cart storage building. The AST and its associated infrastructure had been removed and observations made of the location where the AST was indicated no evidence of previous spills or leaks. The condition of the concrete surface was observed to be fairly good with some minor cracks. The capacity of the tank is not known, however based on the size of the storage area it is unlikely the capacity exceeded 5,000 L. It is understood that the golf carts were fuelled by diesel and therefore potential contaminants of concern would include total recoverable hydrocarbons (TRH), benzene, toluene, ethyl benzene, xylenes (BTEX) and naphthalene.

The cart storage building had hydrocarbon staining on the concrete surface which was interpreted to be a result of minor leaks of fuel (diesel) and/or oil from equipment. The concrete appeared to be in relatively good condition and the risk of contamination migrating into the underlying soil appeared to be low. The potential contaminants associated with waste oil and diesel includes TRH, BTEX, and polycyclic aromatic hydrocarbons (PAH).

The used oil filters observed on the ground outside the south wall of the golf cart storage building had leaked a small quantity of oil onto the soil surface. While the volume of oil on the soil is unlikely to cause harm to human health or the environment, it is recommended that the oil filters are removed and disposed of at a suitably licensed waste facility.

As the shed and surrounding area is still used for storing golf carts and lawn mowing equipment and there were no indicators of significant contamination that pose an immediate threat to human health or the environment, no further assessment of the area is warranted at this time. However, should the intended use of the area change in the future, then further assessment of the underlying soil for possible hydrocarbon impacts would be recommended at that time.




AEC 2. Fuel Storage Facility at Golf Pro Shop

As indicated in the EPA’s contaminated land search advice, fuel storage facilities are a potential source of contamination that could cause harm to human health or the environment. The AST and refuelling facility located at the golf pro shop were observed to be in good condition. The area was clean with no visible hydrocarbon stains or odours. The potential contaminants that may be associated with the refuelling facility include TRH, BTEX and PAHs.

As the area is to be used for ongoing refuelling of golf carts and there is no evidence of a significant leak or spill that could pose an immediate threat to human health or the environment, no further assessment is warranted at this time. However, as recommended for the golf cart storage area, should the use of the site change in the future, then an assessment of the surrounding soil may be necessary.

5.2 Potential Off-Site Sources of Contamination

A review of the surrounding land uses as shown in Table B, and the contaminated land register searches, indicates that there are no significant sources of potential contamination off the site. While the golf course is located to the south and east, it is understood that herbicide and pesticides are only used in specific areas of the course and are unlikely to impact the site due to direct application methods of these chemicals.




6 CONCLUSIONS AND RECOMMENDATIONS

6.1 Conclusions

Based on the results of the Phase 1 ESA, Robson identified two (2) on-site AECs: AEC 1 – Golf cart storage area which is used to store golf carts and ride-on

lawn mowing equipment. Prior to KG operating the site, an AST was located in the area for the refuelling of golf carts, however it is understood that this was removed shortly after KG obtained the lease of the site in 2006;

AEC 2 – Refuelling facility at the golf pro shop which is an operating AST for the storage of diesel for refuelling golf carts. A designated and purpose built refuelling facility has been constructed and is in good condition. No evidence of significant leaks or spills were observed.

Whilst two (2) AECs were identified, Robson understands that both of these areas are to be used for the purposes described above for the foreseeable future. As there was no evidence of significant contamination and the fact that the activities conducted, if managed appropriately, do not pose an immediate risk to human health or the environment, no further assessment works are warranted at present.

Therefore, based on the results of this Phase 1 ESA, Robson concludes that the Block 11 Section 86, Nicholls is suitable for the proposed sub-division and the intended land use of each unit title.

6.2 Recommendations

At present, Robson only recommends the removal and disposal of the waste oil filters that are present adjacent to the south wall of the golf cart storage building at a licensed waste facility. No further environmental assessment works on Block 11 Section 86, Nicholls are warranted at present based on the ongoing land uses.

However, should the land use around the golf cart storage building or golf pro shop change in the future, then further assessment of these areas may be required prior to the establishment of a new land use.




7 REFERENCES

ACT Dangerous Goods Act 1975.

ACT Environment Protection Act 1997.

ACT Dangerous Substances Act 2004.

ACT Water Resources Act 2007.

ACTPLA website (Territory Plan) http://www.actmapi.act.gov.au

ACT EPA (2009) ‘Contaminated Sites – Environment Protection Policy’.

ANZECC (1992) ‘Guidelines for the Assessment and Management of Contaminated Sites’.

Bureau of Mineral Resources, Geology and Geophysics (1984) ‘Hydrogeology of the Australian Capital Territory and Environs’ 1:100, 000, First Edition.

Bureau of Mineral Resources, Geology and Geophysics (1992) 1:100,000 scale Geological Series Sheet ‘Canberra 8727’.

Dial Before you Dig (DBYD) website http://www.1100.com.au

GHD (2005) ‘Gold Creek Country Club Maintenance Depot, Phase 1 and 2 Contamination Assessment’ (GHD reference 23/11171/30496)

Google Earth website http://www.google.com/earth/index.html

Land and Property Information New South Wales, Topographic and Orthophoto Map 1:25,000 scale, ‘Hall 8727-3N’, Second Edition.

Near Maps website http://www.nearmap.com

NEPC (1999), ‘National Environment Protection (Assessment of Site Contamination) Measure 1999’ (revised 2013).

NSW OEH (2011) ‘Guidelines for Consultants Reporting on Contaminated Sites’.




8 STATEMENT OF LIMITATIONS

The Phase 1 ESA documented within this report was undertaken in order to assess the possible risk of contamination on Block 11 Section 86, Nicholls from current and historical land uses.

The findings contained within this report are the result of the interpretation of site history enquiries and a site walkover undertaken in accordance with normal practices and standards. To the best of Robson’s knowledge, our assessment of the data represents a reasonable interpretation of the general condition of the site. Under no circumstances, however, can it be considered that these findings represent the actual state of the entire site. In addition, the assessment did not include the direct sampling and analysis of soil, soil vapour or groundwater. THIS REPORT MUST NOT BE REPRODUCED EXCEPT IN FULL AND MUST BE READ IN CONJUNCTION WITH THE REPORT TERMS AND CONDITIONS INCLUDED AFTER THE ABBREVIATIONS SECTION THIS REPORT.




9 ABBREVIATIONS

ACT Australian Capital Territory ACTPLA ACT Planning and Land Authority AEC Area of Environmental Concern AHD Australian Height Datum AST Above Ground Storage Tank ANZECC Australian and New Zealand Environment Conservation Council BTEX Benzene, Toluene, Ethylbenzene and Xylene C1/C2 Combustible Liquid DA Development Application DBYD Dial Before You Dig EPA Environment Protection Authority EPU Environment Protection Unit ESA Environmental Site Assessment ESDD Environment and Sustainable Development Directorate KG Konstantinou Group Pty Ltd kg Kilogram km Kilometres L Litres L/s Litres per second m Metres m2 Square Metres mg/L Milligrams per Litre mbgl Metres Below Ground Level NEPC National Environment Protection Council NEPM National Environment Protection Measure NOD Notice of Decision NSW New South Wales OEH Office of Environment and Heritage ORS Office of Regulatory Services PAH Polycyclic Aromatic Hydrocarbon PCB Polychlorinated Biphenyls PG Packaging Group Robson Robson Environmental Pty Ltd TDS Total Dissolved Solids TRH Total Recoverable Hydrocarbon UST Underground Storage Tank VOC Volatile Organic Compounds

ISSUE A: Revision 01 Page 1 of 1

Report Terms and Conditions

Contaminated Site Report While Robson Environmental Pty Ltd (‘Robson Environmental’) has taken all care to ensure that this report includes the most accurate information available, samples were taken where applicable, from the location indicated within the report and Robson Environmental is unable to comment on the existence or otherwise of any contaminants otherwise within the site.

Report Reproduction This report remains the property of Robson Environmental. The person commissioning the report (‘the client’) is entitled to retain possession of it upon payment of Robson Environmental’s fees or upon arrangements as to payment satisfactory to Robson Environmental having been made. The client may not photocopy or otherwise reproduce all or any part of this document without the prior written consent of Robson Environmental.

In the event that the client photocopies or otherwise reproduces all or any part of this report without the prior written consent of Robson Environmental then the client:

a) must immediately upon demand of Robson Environmental return to Robson

Environmental the original (or, if more than one , all originals) and all photocopies or other reproductions of the report;

b) agrees to pay Robson Environmental any loss or damage suffered as a result of the breach by the client of this provision; and

c) agrees to indemnify Robson Environmental against any liability arising from the breach by the client of this provision.

Third Party Laboratories While Robson Environmental has taken all care to ensure that this report includes the most accurate information available, where it uses test results prepared by other persons it relies on the accuracy of the test results in preparing this report. In providing this report Robson Environmental does not warrant the accuracy of such third party test results



CLIENT: KG 9391_EAR_P1ESA_20131011.docx

FIGURES




APPENDICES




APPENDIX A Historical Title Search Results




APPENDIX B Aerial Photographs




Aerial Photograph 15 May 1961

Run 3




Aerial Photograph 11 March 1973

Run 73C1




Aerial Photograph 15 February 1985

Run 6




Aerial Photograph 22 April 1995

Run 6




Aerial Photograph 2004

ACTMAPi Image




Aerial Photograph 2006

ACTMAPi Image




Aerial Photograph 24 July 2013

Near Map Image




APPENDIX C Groundwater Bore Search Results